38Application for burial approval

38 Application for burial approval (1) The manager of a cemetery may approve the burial of human remains in the cemetery (a burial approval). (2) A person may apply to the manager for a burial approval by submitting the following: (a) the following details regarding the applicant: (i) full name, address and contact details; (ii) relationship to the deceased person; (b) a burial approval form; (c) one of the following documents in relation to the deceased person: (ii) a certificate under section 12(3) of the Births, Deaths (iii) a certificate issued by the coroner or the coroner's clerk under section 17(1) of the Coroners Act 1993; (iv) a certificate issued by the Registrar under Registration Act 1996 certifying the registration of the death of the deceased person; (d) if the burial is a multiple burial – confirmation of consent required under section 44(2); (e) confirmation of the notification of, or confirmation of reasonable attempts to notify, the decision maker for the (f) any objection, known to the applicant, from the decision maker for the deceased person to the burial of the deceased person. Sections 185 and 186 include other provisions relevant to an application.

Burial and Cremation Act 2022 25 (3) The manager of a cemetery may not apply for a burial approval under subsection (2) to bury human remains in that cemetery. (4) The manager of a cemetery may request a copy of the document required under subsection (2)(c)(i) or (ii) from a provider if the document is not submitted under subsection (2). (5) If the manager of a cemetery requests a copy of a document under subsection (4), the provider must provide a copy of the document to the manager unless the provider does not have access to the document. (6) The burial approval may be given subject to any conditions that the manager of the cemetery considers appropriate. (7) Despite subsection (6), the manager of a cemetery must not impose a condition on a burial approval that is intended to limit the exercise of rights and interests mentioned in section 5 unless the condition is imposed for environmental protection, public health purposes or public safety purposes. (8) If the manager of a cemetery knows there is an objection from the decision maker for the deceased person under subsection (2)(f) or section 45(1), the manager of the cemetery must not approve the burial of the human remains of the deceased person unless the decision maker withdraws, in writing, the decision maker's objection. (9) A manager of a cemetery may refuse to approve a burial unless: (a) the proposed burial relates to the exercise of rights and interests mentioned in section 5; and (b) the proposed burial does not contravene this Act or another Act. (10) If a manager of a cemetery refuses to approve a burial, the manager must give the applicant a decision notice. Note for subsection (10)