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].