61Cemetery operator may determine holder of interment right on application

#### 61 Cemetery operator may determine holder of interment right on application 61 Cemetery operator may determine holder of interment right on application > > (1) A person or 2 or more persons may apply to the cemetery operator for a determination that the person or persons hold an interment right. > > > (2) An application must be given in the way approved by the cemetery operator. > > > (3) An application must— > > > > > (a) be accompanied by particulars required by the cemetery operator, and > > > > > (b) be accompanied by other information prescribed by the regulations, including personal or confidential information, and > > > > > (c) demonstrate, to the satisfaction of the cemetery operator, that reasonable steps have been taken, in a way consistent with the Reasonable Notification Guidelines, to notify holders or possible holders of the application. > > > (4) The cemetery operator must, as soon as practicable after receiving an application— > > > > > (a) determine the applicant is a holder of the interment right, or > > > > > (b) refuse to determine the application. > > > (5) A cemetery operator must not make a determination unless the cemetery operator is satisfied the applicant— > > > > > (a) has taken reasonable steps, in a way consistent with the Reasonable Notification Guidelines, to notify all persons who are holders, or may be eligible to be a holder, of the interment right about the making of the application, and > > > > > (b) either— > > > > > > > (i) by operation of section 49, 50 or 51, would be entitled to be the holder or joint holder had a person who was entitled to be the holder or joint holder been recorded as the holder on the cemetery operator’s register, or > > > > > > > (ii) would be the holder or joint holder but for another person incorrectly recorded as the holder on the cemetery operator’s register. > > > (6) The cemetery operator must give an applicant reasons if the cemetery operator refuses the application. > > **s 61:** Am 2018 No 25, Sch 2.3 \[4\] \[5\]. Subst 2025 No 32, Sch 1\[34\].