PALMERSTON NORTH CEMETERIES AND CREMATORIUM BYLAW 2004

Transcription

1 PALMERSTON NORTH CEMETERIES AND CREMATORIUM BYLAW 2004

2 PALMERSTON NORTH CEMETERIES AND CREMATORIUM BYLAW 2004

3 INDEX 1. Title 2. Purpose 3. Commencement 4. Interpretation 5. Names of Cemeteries 6. Divisions 7. Hours for Funerals, Burials and Cremations 8. Vehicles 9. Burials 10. Sale or Reservation of Plots 11. Disinterment 12. Cremation 13. Memorials 14. Floral Tributes 15. Misconduct 16. Commercial Activities 17. Fees 18. Records

4 19. CEMETERIES AND CREMATORIUM BYLAW 2004 In exercise of the powers vested in it by the Local Government Act 2002 and sections 16 and 40 of the Burial and Cremation Act 1964, together with every other power and authority conferred on it, the Palmerston North City Council makes this bylaw: 1. TITLE The title of this Bylaw shall be THE PALMERSTON NORTH CEMETERY AND CREMATION BYLAW PURPOSE This bylaw facilitates the orderly and efficient management of the cemeteries and crematorium under the Council s control. It covers matters such as the sale of burial plots, reservation of areas for special purposes, provisions for interments, fees for services, keeping the graves and monuments in good order, vehicle control and regulates miscellaneous other activities in the cemeteries and crematorium. 3. COMMENCEMENT This Bylaw will come into force on 18 October INTERPRETATION CEMETERY includes any land for the time being vested in the Council or under its control and dedicated as a cemetery. CEMETERY OFFICE means the location of the administration services for the Cemeteries and Crematorium. COUNCIL means the Palmerston North City Council. COUNCIL OFFICER means any person appointed or authorised in writing by the Council to act on its behalf and with its authority in the operation and management of the cemeteries and crematorium. CREMATORIUM means the Kelvin Grove Crematorium. FAMILY means persons related by familial ties, marriage or a relationship in the nature of marriage or persons of the same household. GARDENS OF REMEMBRANCE means the gardens within the consecrated land of the Crematorium. MEMORIAL means any tombstone, headstone or other monument, or any tablet or plaque, or any fence, kerb or other enclosure around, or any covering over, a grave. PLAN means the official plan of a cemetery deposited in the Cemetery Office.

5 PLOT means a lot in a cemetery laid off and shown on the plan for the purposes of interment. PURCHASER includes the executors, administrators and assigns of a purchaser of the exclusive right of burial in perpetuity in a plot, and also any person or persons for the time being the owner or owners of such an exclusive right. SERVICES PERSONNEL means returned service personnel as specified by the Veterans Affairs New Zealand. WORKING HOURS means the opening hours of the cemetery office. These are: (a) Monday to Friday: 8am to 5pm (b) Saturday: 8am to 12pm 5. NAMES OF CEMETERIES (1) The Council operates Terrace End Cemetery, Ashhurst Cemetery and Kelvin Grove Cemetery. (2) Terrace End Cemetery is closed. Closure of any other cemetery will be done in accordance with the Burial and Cremation Act DIVISIONS For the purposes of this part of the bylaw the following Cemetery Divisions as defined by the Plan shall apply: Heritage: all monuments over 50 years old. Services: all portions of a cemetery set aside for service personnel and their spouses and in which no kerbings, fences or monuments other than headstones provided by the War Graves Branch of the Department of Internal Affairs may be constructed. Other: all other parts including ashes lawn, lawn cemetery burial and Crematorium remembrance gardens. 7. HOURS FOR FUNERALS, BURIALS AND CREMATIONS (1) The cemeteries and crematorium gates are open between the hours of 8.00 am and 8.00 pm during New Zealand Daylight Time and 8.00 am and 6.00 pm during standard time. (2) Funerals may take place between the hours of 8.00am and 4.00pm on Mondays to Fridays inclusive and 8.00am and 12.00pm on Saturdays. Other times may be approved on specific request and will incur additional charges. (3) Cremations may take place between the hours of 8.00am and 4.00pm on Mondays to Fridays inclusive and 8.00am and 12.00pm on Saturdays. Other times may be approved on specific request and will incur additional charges.

6 8. VEHICLES (1) Drivers of vehicles shall comply with any signs erected by the Council for controlling traffic or imposing speed limits in a cemetery and any other reasonable instructions issued by a Council officer. (2) All vehicles shall give right of way to any funeral procession within a cemetery. 9. BURIALS (1) No burial shall be made in any cemetery without prior consent from a Council Officer. (2) Application for a burial will use the Burial Application form, must ensure at least 8 working hours notice of the intended burial and must provide appropriate evidence of death. (3) A Council Officer will consent to the burial by issuing a burial warrant. (4) Production of a burial warrant to a Council Officer shall be sufficient authority to carry out the burial. A Council Officer who witnesses the burial will sign the burial warrant on completion of the burial. (5) Burials and the sale of burial plots shall be on such terms and conditions as the Council decides. (6) Council may consent to the burial of any deceased person s ashes, either - (a) in the portion of the cemetery set aside for that purpose, or (b) in any plot subject to any exclusive right of burial in favour of that deceased person. (7) All burials in the Services Section of any Cemetery will comply with the requirements of Veterans Affairs New Zealand. (8) The minimum depth of a grave shall be: 1.8m for a single burial, and 2.1m for a second burial on the same plot. 10. SALE OR RESERVATION OF PLOTS (1) Council may consent to and grant, subject to clause 10(2), the exclusive right of burial for a plot for such period as the Council approves and shall issue the applicant with a Plot Title Certificate. (2) The holder of an exclusive right of burial must consent to any burial using that plot on a Right of Burial Authorisation form issued by a Council Officer. Where doubt of ownership of a plot exists, the Council will satisfy itself as far as practicable of the ownership of the plot.

7 (3) No memorial will be erected on the plot unless an exclusive right of burial has been granted and interment and other fees have been paid. (4) The purchaser of any exclusive right of burial may apply for Council consent to a second burial in the plot provided the first burial occurred at a depth of 2.1m. A fee will be charged for the re-opening of a grave for a second interment. (5) Where the certificate of exclusive right of burial is lost the Council may issue a replacement certificate to the entitled person provided that, if the original certificate is found, the replacement is immediately returned to the Council for cancellation. (6) Where there has been no burial in a plot that has been granted exclusive right of burial the owner may - (a) with the consent of the Council, transfer ownership to another person or to another plot, or (b) sell the plot to the Council for a payment equal to the price paid for exclusive right of burial. (7) Council may consent to an application to reserve a plot where the applicant wishes to be interred near a family member. 11. DISINTERMENT Any disinterment shall be conducted pursuant to section 51 of the Burial and Cremation Act 1964, subject to payment of fees. 12. CREMATION (1) Cremation can only take place in accordance with the Cremation Regulations 1973 or amending or substituting regulations. (2) Bookings for cremations must be received, with all required documentation completed, eight (8) working hours before the committal time booked. (3) Before a body will be accepted for cremation, a certificate must be produced confirming that enquiries have been made of the family or medical practitioner whether the deceased has been treated with strontium-89 (for bone metastases), or iodine-125 (for prostate cancer). If the enquiries produce an answer in the affirmative, the safety of cremation must be confirmed by the medical practitioner licensed under the Radiation Protection Act 1965 who prescribed the treatment before the cremation is permitted to proceed. (4) A coffin for cremation shall be made of a non-toxic readily combustible material and be sturdy in nature. The coffin will have a smooth flat exterior base and all lead, iron or zinc linings must be removed prior to presentation for cremation. (5) The coffin size shall not exceed 220cm long x 75cm wide x 48cm deep.

8 (6) After the coffin has been admitted to the crematorium it shall not be opened without the written authorisation of the applicant for the cremation. (7) The Council shall act in accordance with the instructions on the Register of Cremations form authorised by the applicant for the disposal of ashes provided that ashes shall be held in the crematorium for only fifteen (15) working days after the cremation and then returned to the Funeral Director handling the cremation. (8) The Funeral Director will ensure proper delivery of the coffin directly on the bier or on the catafalque. Once the Coffin has entered the crematorium, it is the responsibility of Council and cannot be removed from the premises. 13. MEMORIALS (1) No memorial may be constructed or altered in a cemetery and no other work may be carried out in a cemetery without the prior consent of the Council. Consent may be issued on such conditions as may be reasonable in the circumstances and the work consented to shall be conducted to the satisfaction of a Council officer. (2) Application for approval may be made on the Memorial Application Form. An application for approval shall be accompanied by: (a) The plans for the memorial; (b) The wording of any proposed epitaph or inscription. (3) A memorial permit shall be issued provided that: (a) The plan and/or wording is acceptable to the Council Officer, (b) The purchaser has an exclusive right of burial, (c) The foundations for any works described on the plan shall comply with either - (i) The requirements of Veterans Affairs New Zealand in the case of memorials in the Services division of the Cemetery, or (ii) In all other cases, the New Zealand Headstones and Cemetery Monuments (NZS 4242:1995 or its amendments) and the specifications set by Council and available from the Cemetery Office or the Palmerston North City Council Website, (d) All headstones must be constructed of granite or some other naturally occurring stone approved by the Council. (4) Provided that the Council shall take a photographic record of the plot before removing any structures and the photographs are be filed with the cemetery records, the Council may remove or restore to its original condition any memorial that is - (a) erected or altered in breach of clause 13(2), or

9 (b) is in such disrepair that the Burial and Cremation (Removal of Monuments and Tablets) Regulations 1967 apply. (5) No memorials, plaques or grave markers may be placed within the Gardens of Remembrance. (6) No shrubs or trees shall be planted in any cemetery by any person without the Council s consent. 14. FLORAL TRIBUTES (1) Floral tributes may be placed on the soil of a grave following a burial within the lawn cemetery, but shall be removed within the two month period following burial. (2) In all other cases floral tributes will be restricted to containers that can be housed on the memorial or the concrete berm. (3) Vases or planters in breach of clause 14(2) or neglected, unsafe or broken containers may be removed by Council staff. 15. MISCONDUCT (1) No person shall, in or near any part of a cemetery or the crematorium, prevent, interrupt or delay the burial or cremation of any deceased person. (2) No person shall, in or near any part of a cemetery or the crematorium, cause a nuisance or annoyance to people lawfully within a cemetery or the crematorium, or approaching a cemetery or the crematorium for a lawful purpose. 16. COMMERCIAL ACTIVITIES (1) No person in any cemetery shall advertise or solicit custom for any work to be done in or in connection with any cemetery, or for the sale, preparation, or supply of any article, material, or thing to be placed or used in the cemetery. (2) No commercial photographer shall, without the consent of the funeral director, attend any funeral to take photographs. 17. FEES (1) The Council may from time to time set fees and charges using the special consultative procedure in accordance with section 150 of the Local Government Act (2) Fees and charges shall be set for any activity the Council reasonably undertakes in relation to the operation and management of the cemeteries or the crematorium, including fees for Burials and disinterments, Cremations,

10 Cremations outside normal hours, Exclusive right of burial, Reservation of a plot, Headstones and memorials and Records searches. (3) The scale of fees and charges will be available from the Customer Service Centre of the Council, the Cemetery Office and on the Council website. 18. RECORDS (1) Burial records for the three cemeteries administered by Council are available on the Palmerston North City Council website. (2) An electronic copy of the Cemetery register for the cemeteries administered by the Council is available on the Palmerston North City Council website. (3) Cremation records will be stored as required under the Cremation Regulations (4) Every plot in the cemetery must be identified by a number, which must be recorded on a plan kept in the Cemetery Office. In addition a record will be kept of all plots for which exclusive rights of burial have been purchased and all burials. The plan will be open for inspection at the Kelvin Grove Cemetery Office, without fee, between the hours of 9am and 12pm on weekdays.