Gisborne District Cemeteries and Crematoria Bylaw 2015

Transcription

1 Gisborne District Cemeteries and Crematoria Bylaw 2015 Statement of Proposal January 2015 Appendix: Cemeteries and Crematoria Bylaw 2015

2 Introduction This is a Statement of Proposal prepared in accordance with section 83(1)(a) of the Local Government Act 2002 ( the LGA 2002 ). This relates to the making of the proposed Gisborne District Council Cemeteries and Crematoria Bylaw 2015 ( the proposed Bylaw ). The Cemeteries and Crematoria Bylaw was first adopted in 1990 and last reviewed in The purpose of this Bylaw is to control and regulate cemeteries and crematoria within the District. A review of the 2008 Bylaw is a legislative requirement of the LGA Once reviewed, the Bylaw will stay in force for another 10 years, unless reviewed earlier. The review involves publicly notifying the proposed Bylaw. If not reviewed the 2008 Bylaw will lapse 1 July A draft of the proposed Bylaw has been prepared by the Council for consultation in terms of s.83 and s.86 of the LGA The Bylaw will be made by the Council using powers contained in sections 145 and 146 of the LGA In accordance with section 86(2) of the LGA 2002 the Council, when making a Bylaw, is required to include in the Statement of Proposal: (a) a draft of the Bylaw proposed and (b) the reasons for the proposed Bylaw and (c) a report of any relevant determinations by the Council under s.155 of the LGA Draft of amended Bylaw A draft of the proposed Bylaw is attached as Appendix 1 to this Statement of Proposal. All proposed changes are marked in red. Summary of Proposed Cemeteries and Crematoria Bylaw 2015 Gisborne District Council has a Cemeteries and Crematoria Bylaw 2008 ( the 2008 Bylaw ) that sets out the fees, control and standards for the operation of cemeteries and crematoria within the District. The Local Government Act 2002 requires all Bylaws to be regularly reviewed. Council has reviewed the Cemeteries and Crematoria Bylaw A 2015 Cemeteries and Crematoria Bylaw has been drafted and community feedback on this is now sought. Purpose of the Bylaw to provide a safe and efficient service through compliance with relevant legislation and Council policy to ensure cemeteries and crematoria are accessible, affordable and cater for the cultural, spiritual and burial needs of the district. A Statement of Proposal Page 1 of 10

3 Rationale for the Bylaw Background/legislative framework The Burial and Cremations Act 1964 requires the Council to provide cemeteries. It further provides for the making of a Bylaw by the local authority and the extent of the Bylaw. The Local Government Act 2002 explicitly provides for the making of Bylaws to manage cemeteries. The Burial and Cremation (Removal of Monuments and Tablets) Regulations 1967 regulates the removal and maintenance of monuments. The Cremation Regulations 1973 prescribe requirements for cremations, disposal of ashes and record keeping. Health (Burial) Regulations 1946 relate to the requirements of registration of funeral directors, construction and maintenance of mortuaries and burials at sea and does not limit the extent of the Council s bylaws. The LGA 2002 passed a requirement on all local authorities to review their Bylaws by 30 June 2008 or within five years from the date of their making, whichever is the later. Once reviewed, the Bylaws are to again be reviewed within a further ten years. If a Bylaw is not reviewed in accordance with the LGA 2002 it lapses after two years. The 2008 Cemeteries and Crematoria Bylaw is subject to review by 30 June 2015, and if not reviewed will lapse 1 July The contents of the proposed Bylaw includes measures to regulate the following: the sale of the exclusive right of burial, transfer thereof, the lapsing of the right of burial when payment is not made and the determination of fees for burials the requirements and application to obtain warrants of burial as authority to bury, which must be delivered in advance to the sexton the determination of hours of services and burials, the requirements for notice of services, the responsibility for arrangements and burials of persons in financial need the digging of graves, the burial of ashes, the size of caskets, the reopening of graves and disinterment the installation, maintenance and removal of monuments types of cemeteries, including lawn area cemeteries, ash garden berm areas, monumental cemeteries, services cemeteries and closed cemeteries permitted memorabilia and the removal and disposal of memorabilia regulation of behaviour in cemeteries including the removal of vegetation, the access and driving of vehicles, the solicitation of trade and advertising in cemeteries, access to cemeteries by animals and the conduct of persons in cemeteries. Cemeteries and Crematoria Policy Council has a Cemeteries and Crematoria Policy which regulates operational matters related to burials and cremations and the current Bylaw. The Policy has been reviewed as part of the 2008 Bylaw review and is available at Council s Offices at Fitzherbert Street and Te Puia and available online at What has changed in the proposed 2015 Bylaw? The 2008 Bylaw has been amended to address current issues and minor changes to text have been made to assist ease of interpretation. A Statement of Proposal Page 2 of 10

4 The five main changes to the Bylaw are: 1. conditions of transfers and refunds of pre-purchased plots 2. extended hours of services and burials 3. conditions for extra depth interments 4. provisional support for families in financial need 5. language and symbols used for headstones Further changes may occur as a result of the Bylaw consultation. Perceived issues 1. Conditions of transfer and refunds of pre-purchased plots (Bylaw provision 6.3, Policy provision 5.3) What is the issue? Customers pre-purchase the exclusive right to be buried in a particular plot and decide to return them months or years later. This leaves single plots available within the cemetery that are hard to reallocate. What do we have now? Current practice allows anyone to return their purchased plot. The purchase price will be refunded to the customer, minus a $50 administration fee. The 2008 Bylaw regulates the transfer of exclusive right of burial. It allows the holder of the exclusive right to be buried in a plot in which no burial has taken place, to sell or transfer that right. It also allows Council to buy back plots. What are the views of stakeholders? Customer Services currently refund plots to customers but are left with plots that are hard to reallocate. What is the most appropriate means to address the problem? A change to the 2008 Bylaw to only allow a customer to sell or transfer their exclusive right of burial to Council if the customer can provide evidence he or she is suffering significant financial hardship or experiencing extraordinary circumstances to the satisfaction of the Council. Define financial hardship in the proposed Policy as: unable to meet minimum living expenses; or unable to meet mortgage repayments on the home the applicant lives in, resulting in an enforcement of the mortgage on the applicant s property; or home modifications to meet special needs because the applicant or a dependent family member having a disability; or paying for medical treatment if the applicant or a dependent family member: becomes ill, has an injury, or requires palliative care suffering from a serious illness; or incurring funeral costs if a dependent family member dies. A Statement of Proposal Page 3 of 10

5 2. Extended hours of services and burials (Bylaw provision 8.1.2, Policy provision 5.6.3) What is the issue? Current working hours limit burials, especially burials outside of Gisborne City and on weekends. Saturday burial hours only accommodate one Coast burial per day due to travel time. No burials on Sundays unnecessarily restricts/pro-longs a funeral s duration. What do we have now? Burials may take place between the hours of a.m. and 3.00 p.m. from Monday to Friday inclusive and from to 1.00pm on Saturdays. No burials shall take place on Sundays, New Year s Day, ANZAC Day, Good Friday or Christmas Day. Burials may take place at other times by special arrangement with the Council and on payment of the prescribed additional fee. For burials up the East Coast sextons have to travel from Gisborne City which limits the number of burials per day. Council also has duties under Section 86 of the Health Act 1956 relating to the prompt burial of people who have died of an infectious and/or notifiable disease. What are the views of stakeholders? Key stakeholder note that funerals and tangihanga customs have changed a lot in the last ten years. Funerals and tangihanga take longer as families are scattered across New Zealand and the world. The 2008 Bylaw is inflexible in accommodating burials on Sundays and outside the current operating hours, even when families are willing to pay the extra cost of out of hours burials. The Council s officer performing the role of the cemetery manager agrees it is necessary to extend the current operating hours to accommodate the changing needs of Gisborne s community. What is the most appropriate means to address the problem? A change to the 2008 Bylaw to extend the operating hours for burials to: Summer (1 October 31 March) Monday Saturday: a.m p.m. Sunday, Statutory holidays: a.m p.m. Winter (1 April 30 September) Monday Saturday: a.m p.m. Sunday, Statutory holidays: a.m p.m. A change to the contract of Coast community caretakers to authorise them to act as sextons for burials out of Gisborne City. This would accommodates more burials in general and especially on weekends. Authorizing community caretakers to act as sextons cuts down travel time for Coast burials which further allows for more burials. 3. Conditions for extra depth interments (Bylaw provision , Policy provision 5.2) What is the issue? Neither the 2008 Bylaw nor the current Policy regulate extra depth burials. Extra depth burials are required when two people wish to be buried in the same grave. The first burial needs to be at extra depth to allow for the second burial. Customers can select an extra depth burial at the time they A Statement of Proposal Page 4 of 10

6 apply for a burial warrant. High water tables and unsuitable ground conditions can prohibit extra depth burials. What do we have now? Currently where an extra depth burial is requested but not possible, the customer can purchase an adjacent plot for half price. If there is no adjacent plot available the customer can transfer their right of burial to another plot and is given the opportunity to purchase an adjacent plot within a 10 day period for half price. What are the views of stakeholders? Customer service staff would like to have clear guidelines within the Bylaw or Policy to support their operations. The Council s officer performing the role of cemetery manager considers offering an adjacent plot for half price when no extra depth burial is possible a fair option. Sextons have noted that it is important to regulate extra depth burials within the Bylaw as customers have an expectation that such burials are always available. What is the most appropriate means to address the problem? A change to the 2008 Bylaw to provide extra depth burials only if the water table permits and ground conditions are suitable. A change to the Cemeteries and Crematoria Policy to offer an adjacent plot for half price for a period of 10 days where no extra depth burial is possible. Where no adjacent plot is available the customer can transfer his or her right of burial to another plot with an adjacent plot available for purchase for half price within a 10 day period. 4. Provisional support for families in financial need (Bylaw provision 8.4.2, Policy provision 5.6.6) What is the issue? If a deceased person and his or her relatives cannot afford to purchase a plot, one will be allocated in an unmarked area of the cemetery and the person will be buried in an unidentified grave for free. The term relatives is not defined in the 2008 Bylaw or current Policy. Work and Income provides a means-tested Funeral Grant of maximum $1,760. The average cost of a basic funeral is $6,500. Staff issue approximately 180 burial warrants a year, of which approximately 36 applicants qualify for the Funeral Grant as neither the deceased nor his or her relatives have enough means to cover the funeral costs. Under the current Policy the grave of a person in financial need has to remain unidentified until all outstanding fees have been recovered. No headstones/markers can be erected on the grave until then. What do we have now? Section 49(1) of the Burial Act 1964 allows for people in financial need to be buried in the cemetery free of charge. A Statement of Proposal Page 5 of 10

7 The 2008 Bylaw states that the Council will bury a person in financial need for free if the required declaration is produced. This declaration needs to certify that the deceased person has left insufficient means to pay the prescribed fees, fees are not covered by an Accident Compensation or Government entitlement or subsidy and the deceased person s relatives are unable or unwilling to pay the same. The declaration must be signed before a Justice of The Peace. The current Policy prescribes where the Council consents to the burial of a person in financial need that no tombstone, headstone, memorial, tablet or plaque is to be erected on the grave. The grave may not be identified until the full outstanding fees have been paid to the Council. Customers who struggle with funeral costs, when considering having their family member buried in an unmarked area of the cemetery in an unidentified grave, almost always decide against the option of such free burial. Even though the Council is obligated under the Burial Act 1964 and its 2008 Bylaw to bury people in financial need for free, the Council s Policy conditions make it an undignified and dishonouring option. What are the views of stakeholders? Customer Services experience many family members struggle to come up with the money. The Council s officer performing the role of cemetery manager agrees that the current Policy conditions referring to burial of people in financial need are undignified and dishonouring. Burying a person in financial need in an unidentified grave is viewed by many as an undignified and dishonouring option. This has also recently been discussed in the media as a result of the current review of the Burial Act What is the most appropriate means to address the problem? Minor changes to the 2008 Bylaw to clarify the term Relatives, which will be limited to first and second degree blood relationships (parent, sibling, child, uncle, aunt, nephew, niece, grandparent, grandchild or half sibling); and change the wording from poor person to person in financial need. A change to the Policy to waive burial fees and make a plot available to recipients of the Funeral Grant and when meeting the conditions under the Bylaw. A change to the Policy to allow for persons in financial to be buried within the marked area of the cemetery area or ash berm cemetery and to allow for a wooden cross to be erected. Providing burials for persons in financial need within the marked cemetery area in an identified grave allows filling empty spots. (eg plots not taken up when extra depth burials could not occur.)it reduces financial strain on families in a time of bereavement and allows for a dignified burial. 5. Language and symbols used for headstones (Bylaw provision 9.1.7, Policy provision 5.6.9) What is the issue? Monuments or headstones with offensive inscription or symbols. What do we have now? A Statement of Proposal Page 6 of 10

8 There is at least one very obvious offensive Mongrel Mob headstone at the cemetery. Under the 2008 Bylaw all monuments must meet the aesthetic requirements of the Council. However, no operational guide is in place to guide those aesthetic requirements. What are the views of stakeholders? Customers have complained to Council about the offensive nature of that particular Mongrel Mob headstone. It offends and interferes with visitors grieving. What is the most appropriate means to address the problem? A change to the 2008 Bylaw to give effect to the aesthetic requirements of the Council as defined in the Council s Cemeteries and Crematoria Policy. 6. Other issues a. Traffic regulations (Bylaw provision 14.2, Policy provision 5.9.8) What is the issue? No designated parking areas are available at the cemeteries. Cars are usually parked on the grassed, unused area of the cemetery. The speed limit of 100km/hr on the adjacent Nelson Road is a safety hazard for funeral parties. What do we have now? Under the 2008 Bylaw vehicles may only be driven on formed roads which are open to vehicular traffic and park only in designated parking areas. Council has approved the Speed Limits Bylaw in It was publically notified but there were no submissions from the public, NZ Police or Council s Community Planning and Development team in regards to a lowered speed limit by the cemetery at this time. Vehicles going to the cemetery during funeral processions travel at a speed which is in keeping with the event. What are the views of stakeholders? Neighbours of the cemetery have raised the parking issue and agree that the 100km/hr speed limit is a hazard. The Council s officer performing the role of cemetery manager agrees that proper signage is needed to direct car parking and avoid people breaching the proposed Bylaw. The general manager of Tairawhiti Roads will include the Taruheru Cemetery speed limit as part of a new review process which will start in March What is the most appropriate means to address the problem? No changes to the 2008 Bylaw Install proper signage to direct parking Review the Taruheru Cemetery speed limit in March 2015 b. Soliciting trade (Bylaw provision 15.1, Policy provision 5.10) What is the issue? Neighbours of the cemetery have observed funeral directors taking prospective customers to the cemetery to look at headstones. They think of it as soliciting trade. A Statement of Proposal Page 7 of 10

9 What do we have now? With the exception of the transactions of the Council employees, undertaken in the course of management of the cemetery, no person may solicit trade or advertise goods or services within any cemetery. The taking of orders is not regulated under the 2008 Bylaw as it was removed during the 2008 Bylaw review. Funeral directors do bring potential customers to the cemetery to look at headstones. What are the views of stakeholders? Neighbours of the cemetery think of the taking of orders at cemeteries as untasteful. What is the most appropriate means to address the problem? No change to the 2008 Bylaw Soliciting trade implies traders approaching customers. The current situation only sees traders entering the cemetery once they have been approached by customers. Cemetery providers do not approach potential customers at the cemetery. The 2008 Bylaw also clearly states that a person entering or present in a cemetery or crematorium shall not behave in a manner that creates a nuisance or is offensive or is likely to create a nuisance or offensive to any other person. Most appropriate way to address perceived issues Consideration has been given to a range of options for addressing the problems identified above. Non-regulatory options Most activities occurring in cemeteries and crematoria don t cause concern, and most people voluntarily comply with the Council s policies and practices. However, there are some instances where voluntary compliance cannot be relied on to address the perceived problem. Regulatory options In reviewing the 2008 Bylaw, the Council concluded that most of the provisions of that Bylaw are still relevant and necessary to address the perceived problems as noted above. Relevant determinations under Section 155 LGA 2002 The requirements of Section 155 have been considered. A Bylaw is an effective and enforceable mechanism by which cemeteries and crematoria fees, control and set standards for the operation can be regulated in the District. Accordingly it is an appropriate way to address a perceived problem. The proposed form of the Bylaw is considered the most appropriate form of the Bylaw. The proposed Bylaw is neither inconsistent with nor raises any implications with the New Zealand Bill of Rights Act A Statement of Proposal Page 8 of 10

10 Your feedback is encouraged Council encourages any person or organisation with an interest in the proposed Cemeteries and Crematoria Bylaw 2015 to consider it and give feedback. This Proposal will be distributed in accordance with Section 83 of the LGA 2002, on the following basis: a) a letter will be sent to all listed churches, places of worship, funeral directors and other key stakeholder, advising them of the review of the 2008 Bylaw and that the Council would welcome submissions on the matter. b) the Council will advertise twice in the Gisborne Herald, advising that the Proposal exists and inviting submissions. c) the Chief Executive and Mayor will encourage the media to take an interest in the matter and report the proposed Bylaw and supporting information as widely as possible. Timetable for Consultation The following dates represent the key times in the consultation programme: Wednesday, 11 February 2015 Thursday, 12 February 2015 Saturday, 21 February 2015 Monday, 16 March 2015 Friday, 15 April 2015 Thursday, 21 May 2015 Saturday, 13 June 2015 Saturday, 13 June 2015 Council adopts first resolution of special consultative procedure First advertisement in Gisborne Herald Second advertisement in Gisborne Herald Submissions close 5pm Submissions heard by the Hearings Committee Council confirms Hearings Committee decision and adopts Bylaw Public notice of final decision Bylaw comes into effect subject to above Inspection of Documents and obtaining copies Copies of this Proposal, the draft Bylaw and the supporting reports may be inspected and a copy obtained, at no cost, from: a) Council offices at 15 Fitzherbert Street, Gisborne or the Te Puia Springs Service Centre, Main Road, Te Puia Springs. b) HB Williams Memorial Library, Peel Street, Gisborne. c) Council website Right to make Submissions and be heard Any person or organisation has a right to be heard in regard to this Proposal and the Council would encourage everyone with an interest to do so. A Statement of Proposal Page 9 of 10

11 The Council prefer that all parties intending to make a submission set those submissions out in writing and submit them to the Gisborne District Council, PO Box 747, Gisborne, no later than 5pm on Monday, 16 March The Hearings Committee will then convene a hearing, which it intends to hold on 15 April 2015, at which any party who wishes to do so can present their submission in person. Equal weight will be given to written and verbal submissions. The Council will permit parties to make verbal submissions (without prior written material) or to make a late submission, only where it considers that special circumstances apply. Every submission made to the Council will be acknowledged in accordance with the LGA 2002, will be copied and made available to the public and every submission will be heard in a meeting which is open to the public. Section 82 of the LGA 2002 sets out the obligations of the Council in regard to consultation and the Council will take all steps necessary to meet the spirit and intent of the legislation. Making an Effective Submission Written submissions can take any written form (e.g. submission form, , letter). An effective submission makes reference to the clause(s) of the proposed Bylaw you wish to submit on, states why the clause is supported or not supported and states what change to the clause is sought. Judy Campbell Chief Executive (Date) A Statement of Proposal Page 10 of 10

12 APPENDIX 1: Gisborne District Cemeteries and Crematoria Bylaw 2015 January 2015

13 Contents Page 1. Introduction Title Commencements and Application Repeals Purpose Interpretation Purchase of Exclusive Right of Burial Burials and the Sale of Plots: Exclusive Right of Burial Transfer of Exclusive Right Lapse of Right of Burial Fees Out of District Fees Burial Warrants Requirement Application Delivery in Advance Authority to Bury Services and Burials Hours of Services and Burials Notice of Services Responsibility for Arrangements Burial of Poor Persons in Financial Need Burials Outside of the Council Cemeteries Burial Plots and Graves Digging of Graves Burial of Ashes Size of Caskets Reopening of Graves Disinterment Installation, Maintenance and Removal of Monuments Construction and Installation Work Practices Maintenance of Monuments Safety Removal of Monuments Authorisation Types of Cemetery Lawn Areas Cemeteries Types of burials Provision by the Council Conditions and criteria Berm Areas Ash Berm Areas Ash Garden Berm Areas Monumental Cemeteries Application for Approval Types of Burial Construction criteria Gisborne District Cemeteries and Crematoria Bylaw 2015 CONTENTS

14 10.4 Services Cemeteries Eligibility Commemoration Waiver of Fees Closed Cemeteries Closure and Maintenance in Perpetuity Memorabilia Memorabilia Placed at Time of Interment Permitted Memorabilia Removal and Disposal of Memorabilia Crematoria Compliance with Conditions Restriction on access Limited access permitted Vegetation Vehicles Hours of Entry Traffic to Keep to Roads Right of Way for Funerals Drivers to Obey Instructions Traffic Signs Exemption Soliciting Trade Trade Display of manufacturer s name Photography Animals Conduct Damage Interference with Services Offensive behaviour Offensive articles Records Offences and Breaches Penalties for Breach of the Bylaw Removal of Works Officers to Continue in Office Dispensing Power Gisborne District Cemeteries and Crematoria Bylaw 2015 CONTENTS

15 1. Introduction Title 1.1 This Bylaw may be cited as the Gisborne District Council Cemeteries and Crematoria Bylaw Commencements and Application 2.1 This Bylaw shall come into force on the [ ] of [ ]. 1 st of July 2008 and shall apply to the whole of the Gisborne District. 2.2 All Bylaws of the Gisborne District Council relating to burial and cemeteries in force prior to the enactment of this Bylaw are hereby repealed. This Bylaw shall apply to the whole of the Gisborne District. 3. Repeals 3.1 The Gisborne District Council Cemeteries & Crematoria Bylaw 2008 is hereby repealed. 4. Purpose 4.1 The purpose of this Bylaw is to enable the Council to set and control standards for the operation of cemeteries and crematoria within the boundaries covered by the Council s responsibility or ownership. Nothing in this Bylaw shall derogate from any provision of, or the necessity for compliance with the: Births and deaths Registration Act 1951 Burial and Cremation (Removal of Monuments and Tablets) Regulations 1967 Burial and Cremation Act 1964 Health (Burial) Regulations 1946 Health Act 1956 Historic Places Act 1993 Local Government Act 2002 Public Works Act 1981 Reserves Act 1977 Resource Management Act Interpretation 5.1 The Interpretation Act 1999 shall apply to this Bylaw. 5.2 For the purposes of this Bylaw the following definitions shall apply: Act Means the Local Government Act Adult In this Bylaw, except where inconsistent with the context, means any Page 1

16 Act Means the Local Government Act person over the age of 12 year. Berm Body Burial Burial Warrant Cemetery Child Closed Cemetery or Area Council Means a load bearing structure fabricated from concrete of prescribed dimensions, set flush with the ground and supplied by the Council, for the purpose of mounting monuments. Has the same meaning as in section 2 of the Burial and Cremation Act Means to bury, or place the ashes of, a dead body. Means a certificate issued by the Council, after approval of an application by the funeral director or other person responsible for the management or control of a burial, which gives authority for the person named on the warrant to be buried by the Council. Has the same meaning as in Section 2 of the Burial and Cremation Act Means any person twelve years of age or younger. Means a cemetery which has been closed by a closing order as stated in Part VI of the Burial and Cremation Act 1964 and subsequent amendments. Means the Gisborne District Council. Exclusive Right of Burial Is as defined in Section 10 of the Burial and Cremation Act Funeral Director Holder of the Exclusive Right of Burial Maintenance in Perpetuity Memorabilia Monument Monumental Area Plot Prescribed Fee Relatives Returned Services Area Means a person, who in the course of their business, carries out burials and related matters. Includes his or her duly authorised agent or a relative where such person is deceased. Means that the Council will maintain all cemeteries to an appropriate standard as set by the Council from time to time, for the period that the cemetery is under the control and management of the Council. Where cemeteries are disused or closed, the level of service could be to a minimal standard to preserve access and maintain safety, as per Section 43 of the Burial and Cremation Act 1964 and subsequent amendments. Includes wreaths, vases, artificial or natural cut flowers or foliage, plants, figurines, toys and ornaments and other objects placed on a grave in memory of a deceased person but that are not permanently attached to that grave. Has the same meaning as in Section 2 of the Burial and Cremation Act Means a part of a cemetery in which full grave cover by monuments is permitted, subject to prior approval of such structures by the Council. Means a gravesite as shown on a cemetery plan held available for public inspection at a cemetery and/or offices of the Council. Means the fees determined by the Council in accordance with section 150 of the Local Government Act Means a person s first and second degree blood relationships (parent, sibling, child, uncle, aunt, nephew, niece, grandparent, grandchild or half-sibling). Means an area of a cemetery set aside for the burial of bodies or ashes of eligible servicemen or service women as defined by the most recent version of the Office of Veterans Affairs publication, War Graves and Services Cemeteries Handbook. or subsequent amendments. Page 2

17 Act Means the Local Government Act Sexton Stillborn Children Tablet Working Hours Means any person appointed by the Council to manage the day to day activities of any cemetery under its jurisdiction. Such activities include arranging for the provision of plots for burials. Has the meaning as set out in Section 2 of the Births and Deaths Registration Act Has the same meaning as in Section 2 of the Burial and Cremation Act Means the hours from 8am to 5pm from Monday to Friday inclusive, but excludes Saturday, Sunday, New Year s Day, ANZAC Day, Good Friday and Christmas Day. 5.3 Words importing the masculine gender include the feminine gender and the neuter gender. 5.4 Words importing the singular number include the plural number, and words importing the plural number include the singular number. 5.5 For the purposes of this Bylaw the word "shall" refers to practices that are mandatory for compliance with the Bylaw, while the word "should" refers to practices which are advised or recommended. 5.6 The headings to the sections of this Bylaw shall not affect the construction thereof. 5.7 Council is the owner of a building at Taruheru Cemetery which is leased to a commercial entity. This building houses a cremator which is owned and operated by a commercial entity. PART II General 6. Purchase of Exclusive Right of Burial 6.1 Burials and the Sale of Plots: Burials may be made in any plot in any cemetery vested in the Council or under its control that is not closed, subject to this Bylaw and the terms and conditions determined by the Council The Council may determine the size and location of the plots that may be sold and the allocation of the sold plots Burial plots shall be sold upon the terms and conditions as may be determined by the Council and the exclusive right of burial may be granted for such limited period as the Council determines The Council, upon receipt of the prescribed fees for any exclusive right of burial, shall issue a Certificate of Title to Plot to the applicant, and on request and payment of the prescribed fee the Council may issue a duplicate Certificate of Title to Plot to replace any lost Certificate of Title to Plot Unless the exclusive right of burial has been obtained, a burial shall take place in a plot and in a cemetery determined by the Council No person shall place any monument on a grave until all the prescribed fees have been paid. Page 3

18 6.2 Exclusive Right of Burial The exclusive right of burial shall be granted to the purchaser of a plot once the Council has received the prescribe fees or suitable financial arrangements acceptable to the council have been made, for the exclusive right of burial has been completed The purchase of the exclusive right of burial excludes the digging and closing of a grave or the opening and closing of the ground for burial The holder of an exclusive right of burial must comply with any conditions imposed by the Council before a burial may take place Burial of any other person than the owner of the exclusive right to be buried within a plot will only take place with the express prior consent of the holder of the right. 6.3 Transfer of Exclusive Right The holder of the exclusive right to be buried in a plot in which no burial has taken place may sell or transfer that right to any other person with the consent of the Council, subject to the payment of the prescribed fee to the Council The holder of the exclusive right of burial in a plot in which no burial has taken place may, if able to prove to Council that they are suffering significant financial hardship or esperiencing extraordinary circumstances, sell or transfer that right to the Council on such terms and conditions as the Council may determine, subject to the payment of the prescribed fee to the Council. Plots that have been bought back may be resold by the Council. 6.4 Lapse of Right of Burial When an application is made to buy the exclusive right to burial in any plot and the payment of the prescribed fee is not made in full within the period determined by the Council, it may extend the period of payment or determine that the application has lapsed Where an application has lapsed the Council may buy the exclusive right to burial back in accordance with clause of this Bylaw. 6.5 Fees The Council may pursuant to section 150 of the Local Government Act 2002 prescribe fees for all the services that it provides in cemeteries Except as provided for in clause 8.4, burials will only be carried out on payment of all the prescribed fees or suitable financial arrangements acceptable to the council have been made, for the exclusive right of burial has been completed Out of District Fees An out of District fee shall be payable under the following circumstances: a) Where the burial is of a deceased person not permanently residing within the boundaries of the Gisborne District for at least twelve months prior to date of death; or Page 4

19 b) Where the deceased person is a child of less than twelve months of age, including stillborn children, unless one of whose parents was a resident or ratepayer of the District for at least twelve months prior to date of death Temporary absences of short duration from the district will not detract from the permanency of residence The Council will determine if payment of the Out of District fees are required. 7. Burial Warrants 7.1 Requirement No burial shall be made in any cemetery without a burial warrant for that purpose, obtained by the funeral director or other person having the management or control of the burial from the Council and presented to the sexton as authority for burial. 7.2 Application A person requiring a burial warrant shall apply to the Council on the approved form of application for a burial warrant as issued by the Council. No burial warrant shall may be issued unless ground conditions are suitable for burial and until: a. the Council has received written certification as defined under Section 26 of the Births and Deaths Registration Act 1951; and b. or suitable financial arrangements acceptable to the Council have been made, for the exclusive right of burial has been completed. 7.4 Delivery in Advance The application for a burial warrant shall be delivered to the sexton at least eight working hours before the burial by the funeral director or other person responsible for the management or control of the burial. 7.5 Authority to Bury Receipt of the original burial warrant shall be sufficient authority for the sexton to proceed with the burial of the person named on that warrant. After completion of the burial the sexton shall sign the certificate at the foot of the warrant. 8. Services and Burials 8.1 Hours of Services and Burials Burials at cemeteries administered by the Gisborne District Council may be held on such days and at such times as the Council shall determine Except to comply with the duties of the Council under Section 86 of the Health Act 1956 relating to the burial of people who have died of an infectious and/or notifiable disease, burial may take place: Summer (1 October 31 March) Winter (1 April 30 September) Page 5

20 Monday to Saturday - 10am - 4pm Sunday & Statutory Holidays -10am - 1pm Monday to Saturday - 10am - 3pm Sunday & Statutory Holidays -10am - 1pm between the hours of a.m. and 3.00 p.m. from Monday to Friday inclusive and from to 1.00pm on Saturdays. No burials shall take place on Sundays, New Year s Day, ANZAC Day, Good Friday or Christmas Day The sexton will, after consultation with the funeral director or other person responsible for the management or control of the burial, determine the time of burial Burials may take place at other times by special arrangement with the Council and on payment of the prescribed additional fee. 8.2 Notice of Services The sexton shall be given not less than eight working hours notice of any burial or service If such notice is not given, the burial or service may be delayed for a reasonable period of time as the sexton decides to enable the sexton to complete the necessary arrangements Any extra expenses incurred shall be the responsibility of the funeral director or other person responsible for the management or control of the burial. 8.3 Responsibility for Arrangements The funeral director or other person responsible for the management or control of the burial must ensure that the remains are in a suitable receptacle when presented for burial and ensure that all equipment associated with the burial is provided at the time of burial Any additional expenses incurred by the Council shall be the responsibility of the funeral director or other person responsible for the management or control of the burial. 8.4 Burial of Poor Persons in Financial Need Where application is made to the Council for the interment of a deceased poor person in financial need, the applicant shall provide a declaration signed by a Justice of the Peace, certifying that: (a) Such deceased person has not left sufficient means to pay all the prescribed fees; and (b) All the prescribed fees are not covered by an Accident Compensation or Government entitlement or subsidy; and (c) The deceased person s relatives are unable or unwilling to pay the same Additional proof to confirm the declaration may be required by the Council. 8.5 Burials Outside of the Council Cemeteries Burials outside of cemeteries owned or controlled by the Council are subject to Sections 46, 47 and 48 of the Burial and Cremation Act and subsequent amendments. Page 6

21 8.6 Burial Plots and Graves Digging of Graves No person other than the sexton or assistants of the sexton or any other person authorised by the Council shall dig any grave in or open the ground for burial in any part of a cemetery No person other than the sexton or assistants of the sexton or person duly authorised by the sexton shall fill in any grave Extra depth burials can only occur if the water table permits and ground conditions are suitable Burial of Ashes With the prior approval of the Council any person may scatter the ashes of a deceased person in a cemetery With the prior approval of the Council and on payment of the prescribed fees any person may bury a container holding the ashes of a deceased person in any plot, subject to the exclusive right of burial Size of Caskets If a casket for a child is too large for a child burial plot, it shall be buried in an adult burial plot subject to the payment of the prescribed fees Reopening of Graves No grave may be re-opened for a further burial except with the consent of the holder of the exclusive right of burial Disinterment Where a request for a disinterment and/or reinterment is received by the Council, the disinterment shall be conducted pursuant to section 51 and 55 of the Burial and Cremation Act 1964 and subject to the payment of the prescribed fees The disinterment and/or reinterment of a body must be conducted with the prior approval of the Council and must take place in the presence of the sexton, a funeral director and staff and an inspector of the Ministry of Health. Any other person may only attend with prior approval of the Council It will be the responsibility of the Council to open the grave only to the extent of exposing the lid of the casket. Removal of the casket from the grave will be the responsibility of the funeral director present No plot from which a disinterment has taken place will be used for any subsequent burial and no refund of the cost of the original burial or any part of that cost will be made. Page 7

22 9. Installation, Maintenance and Removal of Monuments 9.1 Construction and Installation Minimum structural design, installation and renovation for all monuments shall be those specified in New Zealand Standard for Headstones and Cemetery Monuments NZS4242: Only one tablet or monument will be allowed on any one grave, including extra depth burial graves, and it shall be placed on the grave in a position approved by the Council. A tablet may be attached to an existing monument. Monuments may only be erected within the plot boundary All monuments shall be constructed of permanent materials. The Council may from time to time by resolution publicly notified determine a list of permanent materials that may be used in the construction of monuments All monuments will be constructed in accordance with sound engineering principles and will meet the aesthetic requirements of the Council Delivery and installation of monuments will be at the expense of the owner and will be carried out at times agreed with the sexton Any rubble and earth not required in the filling in of the grave or in connection with the levelling will immediately be removed either from the cemetery or to a place within the cemetery approved by the sexton All monuments must be consistent with the Gisborne District Council Cemeteries and Crematoria Policy. 9.2 Work Practices No person erecting or repairing any monument or carrying out other work in any cemetery shall use any footpaths or other part of the cemetery for placing or depositing there, any tools, planks or materials for a longer time than is reasonably necessary to complete the work Any person mixing cement or mortar within a cemetery shall do so on a proper mixing board approved by the Council. Residue shall be removed from the cemetery Any person installing or attending a monument or carrying out any other work in a cemetery shall withdraw for the duration of an adjoining funeral service. Such person shall also remove tools, planks and other materials which may obstruct access to an adjoining service for the duration of said service. 9.3 Maintenance of Monuments All monuments shall be kept in proper order and repair by the holder of the exclusive right of burial Should a monument fall into a state of decay or disrepair, or be deemed by the Council to be unsafe, it may at any time be dealt with by the Council pursuant to the Burial and Cremation (Removal of Monuments and Tablets) Regulations A photographic record of the monument shall be taken prior to removal and retained in cemetery records. Page 8

23 9.4 Safety The Council may carry out regular audits of all monuments to ensure the health and safety of any persons or property within the cemetery boundaries. 9.5 Removal of Monuments No person will be allowed to remove from a grave or plot any monument without obtaining the prior written permission of the Sexton. 9.6 Authorisation Maintenance and any other work in a cemetery may only be carried out by a person duly authorised by the Council, or under the supervision of a Council employee. 10. Types of Cemetery 10.1 Lawn Areas Cemeteries Types of burials Lawn area cemeteries may inter either ashes or full body remains Provision by the Council The Council will provide a continuous concrete berm at ground level approximately 500mm wide for a single row or approximately 1 metre wide for a double row for monuments to be placed on Conditions and criteria The following conditions and criteria are applicable to lawn cemeteries: (a) (b) (c) (d) (e) (f) Headstone bases will not stand higher than 150mm above the berm and will be a maximum depth front to back of 400mm; The base will maintain clear space of 100mm at the front of the berm; No monument including the base will be wider than 1 150mm for a single plot or 2 300mm for a double width plot. No monument, inclusive of its base will stand higher than 1 metre above the berm; Headstone bases will allow for inserts for flower containers where this is required; No grave shall be enclosed with any railing or kerbing or similar and no monument except a tablet shall be placed on any grave; No person shall place on any plot any memorabilia except flowers and foliage which shall be placed in the flower containers inserted in the headstone Berm Areas Ash Berm Areas Types of burials Ash berm areas may inter only crematorial ashes. A maximum of two sets of ashes may be interred in an ash berm cemetery plot. Page 9

24 Provision by the Council The Council will provide a concrete berm at ground level of approximately 350mm for a single plot or 700mm width for a double plot Conditions and criteria The following conditions and criteria are applicable to the construction of monuments in ash berm areas: (a) The concrete based work for all monuments will not stand higher than 100mm above the berm and will be of a depth (front to back) not exceeding 250mm, length 600mm; (b) No monument including the base will stand higher than 700mm above the berm; (c) Headstone bases will allow for inserts for flower containers where this is required Ash Garden Berm Areas Types of Burials Ash garden berm areas may inter only crematorial ashes. A maximum of two sets of ashes may be interred in each plot Provision by the Council The Council will provide a continuous concrete ( desk type ) berm on a ground level concrete platform Conditions and criteria The following criteria are applicable to the construction of tablets in ash garden berm areas: (a) No monument or structure other than a tablet may be placed on the berm. The tablet will be set in a position and manner approved by the Council; (b) No tablet will exceed a depth of 230mm or be wider than 370mm for a single plot or 750mm for a double plot Monumental Cemeteries Application for Approval Any person wishing to install a monument in any part of a cemetery must apply on the prescribed form for the Council approval to carry out such work. The applicant must submit details of the monument design, including materials and dimensions, and details of all inscriptions and their positions on the monument and pay the prescribed fee Types of Burial Monumental cemeteries may inter either ashes or full body remains. Page 10

25 Construction criteria The following criteria are applicable to the construction of monuments in monumental cemeteries: (a) The holder of an exclusive right to burial may enclose the plot or plots allotted to him or her with kerbing. Where the allocated plots are contiguous they may be enclosed as a single unit; (b) The kerbing of the plots in a monumental area will be constructed of permanent materials approved by the Council and shall not exceed a maximum height of 300mm above the ground level; (c) Monuments may be erected within the plot boundary Services Cemeteries Eligibility Areas of cemeteries may be laid out as Services Cemeteries Those eligible for burial there are as defined in the most recent version of the Office of Veterans Affairs publication, "War Graves and Services Cemeteries Handbook" Notwithstanding section , the body or ashes of the spouse or partner of a returned service person may at the request of the surviving returned services partner be interred in an extra depth plot in the Services Cemetery Commemoration Commemoration shall be as described in the above-mentioned publication, or by other means as agreed with the Office of Veteran s Affairs Waiver of Fees The Council may waive the prescribed fee payable for the exclusive right of burial in the Services Cemeteries. Other prescribed fees shall be payable Closed Cemeteries Closure and Maintenance in Perpetuity As deemed appropriate, the Council may apply to officially close cemeteries under Part VI of the Burial and Cremation Act The Council shall maintain such cemeteries in perpetuity, subject to conditions as set under Part IV of the Act. 11. Memorabilia 11.1 Memorabilia Placed at Time of Interment Memorabilia may be placed on graves at the time of burial After the lapse of five days from the date of burial, the Council may remove from any grave, any memorabilia placed there at the time of burial and cause the surface of the grave to be levelled off and sown with grass. Page 11