Bylaws Part 07: Crematorium Bylaw 2007

This Bylaw facilitates the orderly and efficient management of the Hastings Crematorium. It covers matters such as cremation procedures, coffin specifications, fees and charges for cremation services and miscellaneous other activities.

The Bylaw is made under the authority of the Burial and Cremation Act 1964 and the Local Government Act 2002.

1.0 Short Title and Commencement

1.1 The title of this bylaw is the Hastings District Council Crematorium Bylaw 2007, being Part 7 of the Hastings District Council Bylaws.

1.2 This bylaw comes into force on 1 October 2007 and the Crematorium Bylaw being part 7 of the former Hastings District Council Consolidated Bylaws 1995 is repealed.

2.0 Scope

2.1 The Council is empowered by the Burial and Cremation Act 1964 and the Local Government Act 2002 to make Bylaws. So far as they are applicable, and are not contrary to the provisions of this Bylaw, the provisions of the Introductory Bylaw 2005 are incorporated into and form part of this bylaw.

2.2 This Bylaw is made under the authority of Sections 145 and 146 of the Local Government Act 2002.

3.0 Definitions

BURIAL means the interment of deceased person’s ashes in a Wall of Remembrance or cemetery plot of any kind.

COUNCIL means the Hastings District Council which administers the Crematorium on behalf of the local authorities in the Crematorium District or a duly authorised officer of Council.

CREMATORIUM means the Crematorium located at Orchard Road, Hastings and any other crematorium that may be operated by Council.

CREMATORIUM DISTRICT means the area within the boundaries of the Hastings and Central Hawke's Bay District Councils and the Napier City Council.

SEXTON means any person appointed by Hastings District Council as Sexton of the Crematorium.

CREMATORIUM GROUNDS means the land used in connection with the crematorium.

4.0 Cremation

4.1 No cremation shall take place in the Crematorium unless the provisions of The Burial and Cremation Act 1964 and of every Regulation made in substitution or amendment have been complied with.

4.2 Council may, by resolution, prescribe, alter or amend any fees relating to cremation and associated activities.

(1) Any person receiving ashes may supply an urn of any design approved by the Sexton.

(2) The Sexton shall return the ashes to the family via the Funeral  Director unless alternative arrangements are made. 

4.3 Council shall by resolution prescribe the times during which Cremations may take place.

4.4 Notice of the day and hour desired for cremation must be arranged with the Sexton at least eight working hours prior to the time fixed other than in exceptional circumstances where immediate cremation is necessary. The time arranged must be strictly observed.

4.5 Each application for cremation, register of cremation, permission to cremate and the certificate from the deceased's medical attendant must reach the Sexton not later than 12 noon on the day prior to that on which it is desired that the cremation should take place.

4.6 Representatives of the deceased may see the coffin charge after the service in the Chapel if prior arrangement is made with the Sexton.

4.7 The coffin shall not be opened in the Crematorium except with the express permission of the Sexton.

(1) The coffin shall be made of some readily combustible wood, or other material to the approval of the Sexton.

(2) The coffin may be polished and may have the usual furniture but the handles and breast-plate must be so fixed as to be easily removed.

(3) The coffin must be of a size and shape that, to the satisfaction of the Sexton, can be accommodated by the Cremator.

5.0 Burials

5.1 Ashes may be placed in the Wall of Remembrance adjacent to the Crematorium, or any of the Cremation Memorial plots and an approved niche plaque erected to the satisfaction of the Sexton.

5.2 The Council shall from time to time by resolution prescribe the fees payable for such deposit of ashes and erection of memorial plaques.

5.3 All such memorials in the opinion of the Sexton left in a damaged state or not kept in good order or repair may be removed by the Sexton, where the next of kin cannot be contacted or carry out repairs.

5.4 Any person entitled to the exclusive use of any niche may, before any urn or ashes have been buried in that niche, transfer his or her rights in that plot to any other person upon application to the Council, and payment of the prescribed fee.  Where consent to transfer is not granted the Council may require the holder to surrender his or her rights to the Council upon repayment of the fee paid and the holder shall comply with any such requirement.

6.0 Control of Activities

6.1 No monumental mason or other person shall remove from the Crematorium grounds or from any plot therein, any monument or tablet, without first obtaining permission in writing from the Council in respect of each removal.

6.2 No monumental mason or other person erecting or repairing any monument or tablet in or upon any plot in the Crematorium grounds shall make use of any footpath or other part of such Crematorium grounds for placing or depositing thereon any tools, planks, casks or material in connection with the work of such erection or repair for a longer time than is reasonably necessary for the purpose of completing such work.

6.3 Except as provided in clauses 4.1 and 4.2 no person shall do any work in any plot in the Crematorium grounds unless specially authorised by the Sexton to do so.

6.4 No person shall:

(a) In any way damage the Crematorium or any part thereof, or any other property of the Council.

(b) Paint, write or carve on or in any way whatsoever disfigure the Crematorium or any part thereof, or any other property of the Council.

(c) Unlawfully or improperly interfere with or interrupt the carrying out of any cremation in the Crematorium.

(d) Unlawfully or improperly interfere with or interrupt any funeral service or ceremony being conducted or carried out in the Chapel at the Crematorium.

6.5 No person shall pluck, cut down or remove any flower, shrub or plant in or from any part of the Crematorium Grounds.

6.6 No person shall allow any animal within the Crematorium grounds without the consent of the Sexton.

6.7 No person shall in the Crematorium or the Crematorium Grounds solicit any order or custom from any other person for any work whatsoever or for the sale, preparation or supply of any article.  No person shall in the Crematorium grounds accept or take any such order or custom.

This bylaw was made by the Hastings District Council at a meeting of the Council on 20 September 2007 and must be reviewed within 10 years from commencement.