62Renewal of exclusive right of burial

62 Renewal of exclusive right of burial (1) If an exclusive right of burial is expiring, the manager of a public cemetery or an independent cemetery must, in the notice under section 61(1), give the grantee of the exclusive right of burial the option to renew the right. (2) The grantee of an exclusive right of burial that is expiring may apply to renew the right for a further period specified in the notice not exceeding 50 years. (3) An exclusive right of burial may be renewed more than once in accordance with this section. (4) An application under subsection (2): (a) must be in writing to the manager; and (b) may be made at any time within 12 months before the expiry date of the right, but no later than 28 days after the expiry date of the right; and (c) must be accompanied by the renewal fee. (5) On receiving a renewal application under subsection (2), the manager must renew the right for the period specified. (6) Despite subsection (5), the manager may, only in exceptional circumstances, refuse to renew the right. Example of exceptional circumstances for subsection (6) A natural event has destroyed the burial site for which the exclusive right of burial relates. (7) If the manager refuses to renew the right, the manager must give a decision notice to the grantee or if the grantee is deceased, the person specified in subsection (8). Note for subsection (7) (8) If the grantee is deceased, the exclusive right of burial may be renewed by any of the following persons: (a) the personal representative for the grantee; (b) the decision maker for the deceased grantee.

Burial and Cremation Act 2022 39 (9) An exclusive right of burial renewed under this section applies to the same burial site as the original right.