Review of burial and cremation law Image thanks to Christchurch - - PowerPoint PPT Presentation

Review of burial and cremation law

Image thanks to Christchurch City Council

Scope of review

• Places and manner of burial
• Crematoria
• Funeral sector
• Decision making after death
• Disputes
• Death certification

Where we’re at

• First issues paper released 23 May 2011 – death

certification

• Second issues paper released 4 October 2013 –

burial, cremation, funeral sector, decision making

– Currently undertaking public consultation – Submissions due 20 December 2013 – Report to be released next year

Major issues in this review

• Management of places of burial
• Consumer protection in the funeral sector
• Decision making after death
• Public health and expectations about appropriate

handling of deceased bodies

Cemeteries

• Status quo

– Provided by local authorities – Some pre-1900 cemeteries managed by trustees – Religious groups can apply to set up denominational burial grounds – No ability for non-religious organisation to establish new cemeteries

Cemeteries

• Preliminary conclusions

– Overly restrictive – insufficient weight on the various human rights engaged at the time of death – new framework required for establishing and managing cemeteries

Cremation

• Status quo

– Mix of public and private provision – Approval from Ministry of Health required for new crematoria – overlap with resource consenting process – Lack of national consistency in conditions of operation – On going monitoring focuses on environmental issues

Cremation

• Preliminary conclusions

– Current regulations outdated and do not effectively manage risks – Inadequate public consultation – Lack of industry wide standards & quality assurance systems – Absence of monitoring (other than environmental)

Cemeteries & Crematoria

• Key preliminary proposals

– devolving decision-making power and regulatory

• versight for cemeteries and crematoria from central

government to local authorities – replacing the land management scheme set out in the Act with the Resource Management framework. – developing a National Environmental Standard to ensure a consistent approach to the establishment, management and long-term maintenance of all cemeteries in New Zealand.

• opening up the cemetery sector to independent providers

including those wishing to develop alternative burial options such as eco-burial grounds;

• providing greater scope for individuals to be buried on

private land;

• providing for greater diversity and burial choice in public

cemeteries;

• introducing minimum maintenance standards for public

cemeteries;

• introducing a new legal requirement that all crematoria have

a licensed operator or supervisor;

• introducing expanded regulatory controls for the operation of

crematoria and their handling of human ashes;

• transferring responsibility for authorising crematoria from

central government to local authorities under the Resource Management Act; and

• introducing a requirement that all resource consent

applications for new crematoria be publicly notified so that any potential adverse effects on amenity values can be taken into account.

Funeral sector

• Status quo

– Very permissive regulatory framework

• No minimum standards for those operating as funeral

directors or embalmers

• Inspections of premises by local authorities, but

standards out of date

– Voluntary industry bodies cover 60% of funeral directors

Funeral sector

• Proposals

– Funeral service providers must be licensed by local authorities

• Interview requirement and assessment of premises
• Periodic renewal

– Service providers must proactively disclose qualifications, industry affiliation, and pricing

Decisions after death

• Status quo

– Executor has legal right to make decisions about burial/cremation and funeral arrangements – In practice, decisions usually made by family. – High Court has jurisdiction to resolve disputes – disputes are common, court cases are not – Lack of clarity about other decisions, e.g. ashes – Disinterment requires Ministry of Health approval

Decisions after death

• Proposals

– New statutory framework for decision making

• Seeking public views on weighting of different factors
• Family Court to have jurisdiction

Decisions after death

• Proposals

– Clearer statutory defaults and contractual rights regarding ashes, memorialisation, and additional

interments

– New framework for disinterment

• Health issues addressed locally rather than nationally?

Family consensus required / Family Court to determine disputes

Feedback wanted!

• Reforms have implications for public health
• Submissions are now open – close 20 December
• We want to hear your views!