palmerston north city council draft palmerston north ... · this consultation document proposes the...

of 32

Palmerston North City Council

Draft Palmerston North Cemeteries and Crematorium Bylaw 2018

Consultation Document

of 32

Introduction This consultation document proposes the replacement of the current Cemeteries and Crematorium Bylaw 2008 (as amended in 2013) with the Cemeteries and Crematorium Bylaw 2018, which is attached in draft. The current bylaw was adopted in 2008 and amended in 2013. The purpose of this consultation document is to describe the details of the new Cemeteries and Crematorium Bylaw (especially where it differs from the current bylaw) and to explain the reasons for those differences.

The Proposal

This proposal is to adopt a new Cemeteries and Crematorium Bylaw 2018.

The key changes to the bylaw that are proposed are:

• Removing the repetitive provisions relating to burial;

• Clarifying what a natural burial is and a natural burial cemetery;

• The introduction of an administration manual where the administrative provisions in the current bylaw have been moved to, including interment application, cremation application, items prohibited from cremator, scattering of ashes request, exclusive right of burial application and conditions, disinterment authority, monument permit and conditions, grave decorations approval and breach, keeping records and headstone specifications;

• Clarifying the purchase of exclusive right of burial, and the conditions that come with the purchase of the right, including the process for when the right lapses;

• Protecting Council obligations under the resource consent granted for the operation of the cremator, and also the longevity of the cremator;

• Creating an official process for scattering ashes and disinterring ashes;

• Removing the five year maximum period for on the soil grave decorations, and instead allow on the soil decorations for 12 months with the ability to renew approval annually. Clarifying what grave decorations are and are not permissible, and providing a clear approval process and also a process to resolve a breach of the bylaw.

While it was possible to amend the current bylaw, it was clear from pre-consultation that significant changes would be required and so a new bylaw has been developed in response to the issues raised. The proposed bylaw therefore includes the following provisions:

The draft bylaw clearly sets out a procedure for acquiring authority for an interment and cremation. It also adds a definition of ‘natural cemetery’ and ‘natural burial’.

The draft bylaw sets out the procedure for purchasing an exclusive right of burial in the Administration Manual, and also provides a process for Council to take control of

of 32

those plots which are subject to an exclusive right of burial but have lapsed according to the legislation. The bylaw also sets a default period for the term of the interment which is in perpetuity unless stipulated otherwise.

The draft bylaw provides for graves to be maintained as lawn by Council unless approval has been granted for decorations on the soil of the grave. The draft bylaw includes clearer limitations in terms of decorations on the soil of the grave which looks to solve the issues raised about the extent of grave decorations and also addresses health and safety issues raised by staff. The draft bylaw also gives the Council the ability to confine decorations on the soil of the grave to designated areas, which will assist in eliminating some operational issues that arise from the wording of the current bylaw, and also give residents an option to bury their loved ones in a simple lawn area.

As plots in the niche wall do not require preparation by Council there are currently interments taking place without Council’s knowledge, particularly for interments in a reserved niche plot. This puts council in breach of the legislative requirement to record all interments, and making these records available to the public. The draft bylaw expands the definition of interment to include enclosure of ashes in a niche wall (or similar structure) to rule out any doubt in regard to obtaining authority for interment of ashes in this way.

Under the current bylaw there are no rules around disinterment of ashes or scattering of ashes, and this currently takes place in an inconsistent manner. The draft bylaw includes minimum standards for these practices which are important in terms of keeping records of where ashes are being disposed of and whether or not they are being removed.

Feedback from staff was that the current bylaw lacks any restrictions on items that can be put into the cremator. They note that the lack of guidance on this matter can potentially damage the cremator, cause delays due to the need for additional cleaning of the cremator, and also require additional steps to be taken to ensure resource consent conditions relating to fumes are not breached. While some funeral directors are cooperative with Council’s requests to ensure certain items do not enter the cremator, there are other funeral directors who only act according to the bylaw. The proposed bylaw includes a list of items which are prohibited from entering the cremator, and also puts the onus on the person applying for cremation to ensure that those items are removed prior to delivering the human remains to the crematorium.

Reason for the Proposal The reason for the proposal is that the Council is obliged to review the bylaw in accordance with the Local Government Act 2002. The Burial and Cremation Act 1964 and the Local Government Act 2002 grant Council bylaw-making powers with respect to any cemeteries and/or crematoria in Council’s control. The review allows an opportunity for the bylaw to be examined and any changes recommended that better respond to the current issues relating to management of Council cemeteries and crematoria. The last review of the Cemeteries and Crematorium Bylaw took place in 2008, which resulted in a repeal of the 2004 bylaw. Subsequent reviews of the bylaw

of 32

must take place no later than 10 years from the date of the last review1. Failure to review the current bylaw by October 2018 would mean Council would have until October 2020 to review the bylaw otherwise the bylaw is automatically revoked2.

Section 155 Determination

When making a bylaw under the Local Government Act 2002 the Council must comply with the matters in section 155 of that Act. This section requires that the Council must determine whether a bylaw is the most appropriate way of addressing the perceived problem. The Council must then determine whether the bylaw is in the most appropriate form, and that it does not give rise to any implications under the New Zealand Bill of Rights Act 1990.

In order for the Council to determine whether the draft Bylaw is the best way of addressing the perceived problem, the Council considered the options for addressing the perceived problems. A determination report was considered at the 6 November 2017 Planning and Strategy Committee. The report concluded that a bylaw is the most appropriate way of addressing the solemn nature of cemeteries, protecting the private interests of those with exclusive rights to burials, and creating a balance between pragmatic management and meeting the needs of the community.

The Council considered the following options for addressing these problems:

Rely on existing regulatory tools

Education

Draft a replacement bylaw

Overall it is considered that a regulatory response, through the review of the existing bylaw, will be more effective than placing reliance on existing legislation or education.

Consultation Process Anyone can make a submission about the proposals described in this document. We encourage anyone with an interest in the issues raised in this proposal to make a submission. This consultation document, and the submission form, can be found at: Palmerston North City Council website https://www.pncc.govt.nz/yourcouncil/consultations/ Customer Service Centre, Palmerston North City Council, The Square,

Palmerston North;

City Library, The Square, Palmerston North, and the libraries at Ashhurst, Awapuni, Roslyn, Linton and Te Pātikitiki/Highbury; and

1 Section 159 of the Local Government Act 2002 2 Section 160A of the Local Government Act 2002

https://www.pncc.govt.nz/yourcouncil/consultations/

of 32

Ashhurst Services Delivery Centre, 122 Cambridge Avenue, Ashhurst. You are also entitled to appear before the Council and speak to your submission. Please indicate on your submission form whether you wish to do this. The Council intends to hear submissions on this proposal at the Planning and Strategy Committee meeting, scheduled for August 2018. The date and time for hearings will be confirmed in the letter acknowledging your submission, and will also be advertised in the Manawatū Standard and Tribune newspaper. To get your submission to us, either: Mail to: Draft Cemeteries and Crematorium Bylaw 2018 Submissions,

Governance and Support Team Leader, Palmerston North City Council, Private Bag 11034, Palmerston North 4442

Deliver to: Palmerston North City Council Customer Service Centre, 32 The

Square, Palmerston North Email to: [email protected] (write ‘Draft Cemeteries and Crematorium

Bylaw 2018 Submission’ in the subject) Phone: 06 356 8199 Fax: 06 355 4115

The submission period runs from Tuesday 01 May 2018 until 4pm on Monday 11 June 2018

Please note that all written submissions, including the contact details on the submission, will be made available to the public and media and on the Council’s website, unless you specifically request that your contact details are kept private. For further information on this consultation please phone the Council on 06 356 8199 or email us at [email protected]

mailto:[email protected]

of 32

PALMERSTON NORTH CEMETERIES AND CREMATORIUM

BYLAW 2018

of 32

INDEX PART ONE - INTRODUCTION

1. Title 2. Purpose 3. Commencement 4. Interpretation

PART TWO - LEGAL DISPOSAL OF HUMAN REMAINS AND ASHES 5. Interment 6. Cremation 7. Scattering of Ashes

8. Exclusive Right of Burial

9. Disinterment

PART THREE - MEMORIALISATION

10. Monuments 11. Grave Decorations

PART FOUR - ADMINISTRATION AND MANAGEMENT

12. Vehicles

13. Misconduct

14. Fees 15. Records 16. Penalties

17. Administration Manual and Delegations

of 32

CEMETERIES AND CREMATORIUM BYLAW 2018 PART ONE - INTRODUCTION

1. TITLE

1.1 The title of this bylaw is: “The Palmerston North Cemeteries and Crematorium Bylaw 2018”.

2. PURPOSE

2.1 This bylaw is made under the authority of the Burial and Cremation Act 1964 for the purposes identified at sections 16 and 40, and the Local Government Act 2002, section 146(b)(v) including facilitation of the orderly and efficient management of the cemeteries and crematorium under the Council’s control. It covers matters such as the requirements for interment, requirements for cremation, purchasing an exclusive right of internment, fees for services, specifications for monuments, standards for the upkeep of graves and monuments, vehicle control and regulates miscellaneous other activities in the cemeteries and crematorium.

2.2 This bylaw does not alter the provisions of the:

(a) Burial and Cremation Act 1964;

(b) Burial and Cremation (Removal of Monuments and Tablets)

Regulations 1967;

(c) Cremation Regulations 1973;

(d) Health (Burial) Regulations 1946. 3. COMMENCEMENT

3.1 This bylaw comes into force on 1 July 2019.

4. INTERPRETATION

ADMINISTRATION MANUAL means the Cemeteries and Crematorium Bylaw Administration Manual 2018 as approved by Council when the Cemeteries and Crematorium Bylaw 2018 came into force and as amended from time to time by delegated authority under this Bylaw. ASHES mean the remains of a cremated human body.

of 32

BYLAW means the Palmerston North Cemeteries and Crematorium Bylaw 2018. CEMETERY includes any land for the time being vested in the Council or under its control and designated as a cemetery. COUNCIL means the Palmerston North City Council and includes any delegate duly authorised by the Council to act on its behalf. CREMATORIUM means the Kelvin Grove Crematorium excluding the Chapel.

HUMAN REMAINS means the body of a deceased person.

EXCLUSIVE RIGHT OF BURIAL means an exclusive right of burial sold by the Council under section 10 of the Burial and Cremation Act 1964. GRAVE DECORATIONS means any items left at the grave as adornments. INTERMENT means burial of human remains or ashes in the earth, including the enclosure of ashes in a niche wall or any other similar structure designed for the legal disposal of ashes. LAWN CEMETERY means plots that are in Council cemeteries that are maintained as lawn only. MONUMENT includes any tombstone, headstone, memorial, plaque or other erection.

MONUMENT UNVEILING CEREMONY means a formal or informal gathering of people where a monument is revealed to family and friends for the first time. NATURAL BURIAL CEMETERY means any land for the time being vested in the Council or under its control and designated as a cemetery for natural burial practices.

NZS 4242:1995 means the New Zealand Standard for headstones and cemetery monuments. PLOT means a lot in a cemetery, laid out and shown on a plan of the cemetery prepared by Council to be used as a place to legally dispose of human remains or ashes. PLOT HOLDER means the person to whom an exclusive right to burial is registered to through an exclusive right of burial certificate.

of 32

PART TWO - LEGAL DISPOSAL OF HUMAN REMAINS AND ASHES 5. INTERMENT

5.1 Applications for interment must be made to the Council in the manner set out in section 3 of the Administration Manual.

5.2 Subject to section 5.1 above, all interments in the Services Section of a

cemetery must comply with the requirements of Veterans’ Affairs New Zealand.

5.3 Any interment in a Natural Burial Cemetery must comply with natural

burial practices including: (a) Human remains are not embalmed; and

(b) Human remains are enclosed in either a shroud made of natural material or a casket made of untreated sustainable wood; and

(c) Shallow burial of the human remains in the ground at a

maximum depth of 1000 millimetres, and a minimum depth cover of 400 millimetres.

5.4 Only natural burials will be permitted in a natural burial cemetery

subject to the application requirements of section 5.1 above. 5.5 Only one interment per plot will be permitted in a natural burial

cemetery.

5.6 Interment is not permitted in any cemetery unless authorised by Council.

6. CREMATION

6.1 Applications for cremation in the crematorium must be made to the Council in the manner set out in the Cremation Regulations 1973 and section 4 of the Administration Manual.

6.2 Removal of any human remains from the crematorium following an

authorised admittance may only occur with the written approval from Council and the person who applied for the Cremation.

6.3 No coffin may be opened after admission to the crematorium except in

accordance with section 10 of the Cremation Regulations 1973. 6.4 The following items are prohibited from entering the cremator:

(a) Any item which is likely to cause a risk of explosion during

cremation; or

of 32

(b) Release carcinogens during cremation; or (c) Cause damage to the cremator during cremation; or. (d) Any of the items identified at section 5.1 of the Administration

Manual.

6.5 Any person who applies for a cremation must ensure that the human remains , or any coffin containing the human remains for cremation, does not contain items prohibited by clause 6.4 above.

6.6 Unclaimed ashes will be disposed of according to section 8 of the

Cremation Regulations 1973. 6.7 Cremation in the crematorium is not permitted unless authorised by

Council. 7. SCATTERING OF ASHES 7.1 Applications to scatter ashes in any cemetery must be made to the

Council in the manner set out in section 6 of the Administration Manual.

7.2 Scattering of ashes is not permitted in any cemetery unless authorised by the Council.

8. EXCLUSIVE RIGHT OF BURIAL

8.1 The Council may sell exclusive rights of burial in accordance with section 10 of the Burial and Cremation Act 1964. Council procedures regarding requests to purchase exclusive rights of burial are set out in section 7 of the Administration Manual.

8.2 No person may allow interment on any plot other than in exercise of an

exclusive right of burial that is authorised by the plot holder in accordance with the Administration Manual.

9. DISINTERMENT

9.1 Any disinterment of human remains shall be conducted pursuant to

section 51 of the Burial and Cremation Act 1964.

9.2 Applications to disinter ashes must be made to the Council in the manner set out in section 8.2 of the Administration Manual.

9.3 Disinterment of ashes is not permitted unless authorised by Council.

of 32

PART THREE - MEMORIALISATION 10. MONUMENTS

10.1 Applications for the erection of a monument on any plot or area within a cemetery must be made to the Council in the manner set out in section 9 of the Administration Manual.

10.2 The Council may remove or restore to its original condition any

monument that is -

(a) erected or altered in breach of this bylaw, or

(b) In such disrepair that the Burial and Cremation (Removal of Monuments and Tablets) Regulations 1967 apply.

10.3 The erection of a monument on any plot or area within a cemetery is not permitted unless authorised by the Council and must comply in all respects with any terms and/or conditions of the permission granted by the Council.

11. GRAVE DECORATIONS

11.1 Except as provided for in section 11.2 and 11.3 below, after two months from the date of interment, where a grave is located in the lawn cemetery Council may remove from the soil of a grave any decorations placed there at the time of interment, to allow for ongoing maintenance as a lawn grave.

11.2 Except as provided for in section 11.3 below grave decorations on the soil of a grave are permitted annually provided that the following requirements are satisfied:

(a) The plot is in an area designated by Council for grave decorations on the soil; and

(b) Council has provided approval in the manner set out in section 10.1 of the Administration Manual; and

(c) The plot is continuously maintained to a reasonable standard of tidiness; and

(d) The plot decorations do not contravene this bylaw.

11.3 Grave decorations on the soil of the grave are permitted indefinitely provided the following requirements are satisfied:

(a) The plot is in an area of the children’s zone at Kelvin Grove Cemetery designated by Council for on the soil decorations; and

of 32

(b) The plot is continuously maintained to a reasonable standard of tidiness; and

(c) The plot decorations do not contravene this bylaw.

11.4 Grave decorations are the sole responsibility of plot owners.

11.5 No person is permitted to decorate any plot that has not been used for interment.

11.6 No person is permitted to decorate any plot in a way that is:

(a) Likely to cause a nuisance; or

(b) Likely to constitute a hazard.

11.7 No person may decorate the soil of a grave located in the lawn cemetery with the use of construction materials such as concrete, stone or metal or with the construction of fences or pavement.

11.8 The Council may remove any grave decorations that contravene the bylaw, in accordance with section 10.2 of the Administration Manual.

11.9 Planting of plants, shrubs, or trees is prohibited in any cemetery except for plantings that are explicitly provided for as permitted plantings in section 10.3 of the Administration Manual.

of 32

PART FOUR - ADMINISTRATION AND MANAGEMENT 12. VEHICLES

12.1 Any person driving a vehicle within a cemetery must comply with any Council signs controlling traffic or imposing speed limits.

12.2 Any person driving a vehicle within a cemetery must give way to a

funeral procession.

13 CEMETERY CONDUCT

13.1 No person may, in or near any part of a cemetery or the crematorium, prevent, interrupt or delay an interment or cremation.

13.2 No person may, in or near any part of a cemetery or the crematorium,

cause a nuisance or engage in objectionable behaviour.

13.3 No person may remove an object from a cemetery without the consent of Council unless this is done as part of maintaining a plot in which the person has a legitimate interest.

13.4 The Council may remove anything placed in a cemetery that is contrary

to this bylaw or which is:

(a) Likely to constitute a hazard; or (b) Likely to cause a nuisance; or (c) Likely to cause damage to the cemetery; or (d) Likely to impede the effective management of a cemetery.

13.5 No person may advertise or solicit customers for any commercial

purpose in any cemetery. This does not prohibit the identification of the supplier or installer of the headstone as approved by Council.

13.6 No person may take photographs for a commercial purpose in any

cemetery, unless consent has been expressly authorised by Council. 14. FEES

14.1 The Council may by resolution, publicly notified, set fees for all services related to the operation and maintenance of cemeteries and crematoria including but not limited to:

(a) Interments and disinterments;

of 32

(b) Cremations;

(c) Cremations and interment outside normal hours;

(d) Exclusive right of burial;

(e) Renewal of exclusive right of burial

(f) Reservation of a plot;

(g) Monument permits;

(h) Monument removal or restoration work; and

(i) Records searches.

14.2 Exclusive right of burial fees will not be refunded once internment has

taken place.

15. PENALTIES

15.1 Any person who fails to comply with this bylaw commits a breach of this bylaw and is liable to a penalty under the Local Government Act 2002 and/or the Burial and Cremation Act 1964.

16. ADMINISTRATION MANUAL AND DELEGATIONS

16.1 The Council has passed a resolution at the same time as making this

Bylaw adopting the Administration Manual. All matters over which the Administration Manual defines, regulates, controls or prohibits related to this Bylaw, are matters that this Bylaw leaves to be addressed by resolution of Council under section 151(2) of the Local Government Act 2002.

16.2 The Council may by resolution amend the Administration Manual.

Before amending the Administration Manual, the Council will consult in accordance with the decision making requirements of section 82 of the Local Government Act 2002.

16.3 The following people are authorised delegates under this Bylaw:

a) The Council by resolution;

b) The Chief Executive of the Council;

c) Every person granted delegated authority by the Chief Executive

in relation to this Bylaw; and

of 32

d) Any other person authorised to exercise a power under this

Bylaw, pursuant to the Council’s Delegations Manual or resolution of the Council.

16.4 Authorised delegated persons may exercise any power, function or duty

under this Bylaw or carry out any act in order to achieve its effective administration on behalf of the Council other than those expressly required to be by Council resolution. This power includes, without limitation, the power to:

a) Specify forms and procedures for the effective management of

the Bylaw;

b) Make any decision or determination required in this Bylaw in order to administer it;

c) Make decisions regarding whether or not a permit or licence

should be granted, and the terms and conditions of that permit or licence including standard conditions and variations;

d) Make any decisions regarding suspension, withdrawal or

removal of a permit.

16.5 All forms, specifications, conditions or methods for this Bylaw must be in writing and kept in the Administration Manual and shall be available to the public.

16.6 Every exercise of a power of delegation under this clause must be

publically reported at least annually to Council if not exercised by Council by resolution provided that failure to report does not invalidate the exercise of the delegate’s power.

of 32

PALMERSTON NORTH CITY

PALMERSTON NORTH CEMETERIES AND CREMATORIUM

BYLAW

2018

VERSION 1

of 32

Administration Manual

CONTENTS PART ONE – INTRODUCTION ................................................................................ 21 1. Purpose………………………………………………………………………………………………………………….4

2. Interpretation………………………………………………………………………………………………………..4

3. Interment Application……………………………………………………………………………………………4

4. Cremation Application……………………………………………………………………………………………5

5. Items Prohibited From Cremator……………………………………………………………………………5

6. Scattering of Ashes Request…………………………………………………………………………………..6

7. Exclusive Right of Burial Application and Conditions………………………………………………6

8. Disinterment Authority………………………………………………………………………………………....7

9. Monument Permit and Conditions………………………………………………………………………...8

10. Grave Decorations Approval and Breach………………………………………………………….....9

11. Records………………………………………………………………………………………………………………10

12. Operating Hours…………………………………………………………………………………………………10

PART TWO - SCHEDULES………………………………………………………………11

Schedule 1 - Headstone Specifications…………………………………………………………………....11

of 32

Document Control

Version No. Reason for Amendment Date

Authorisation

Name Signature Date Prepared By

Reviewed By

Authorised By

PART ONE - INTRODUCTION

1 PURPOSE

1.1 The purpose of this Administration Manual is to support the administration of the

Cemeteries and Crematorium Bylaw 2018 (the “Bylaw”), to provide information to the public about decision making processes under the Bylaw, and to provide standard forms for the administration of the Bylaw.

1.2 The Administration Manual is made under the Bylaw and it will govern the

implementation and operation of the Bylaw. The Administration Manual is a public document and will be made available on Council’s website alongside Council’s Bylaws. A hard copy can be provided on request.

1.3 This Administration Manual may be updated from time to time, as necessary, to

ensure that it is kept up to date and reflects current practice. Amendments to this document will be authorised by the General Manager responsible.

2 INTERPRETATION

2.1 Terminology used in the Administration Manual take their meaning from the definitions at clause 4 of the Palmerston North Cemeteries and Crematorium Bylaw 2018.

3 INTERMENT APPLICATION

3.1 Requests seeking authority for any interment must:

(a) Include the necessary certifications under the Burial and Cremation Act 1964; and

(b) Include all the relevant prescribed forms; and

(c) Include payment of the requisite fees; and

(c) Be received by Council no later than eight working hours before the planned interment.

3.2 Only cemetery staff are permitted to open and dig into the ground for the purposes of preparing a plot for an authorised interment.

3.3 Requests to fill in the grave by families attending the burial must be made to Council at the time of seeking authority for the interment.

3.4 Requests for a plot that allows up to two body interments must be made to Council at the time of seeking authority for the interment.

3.5 Unless otherwise stipulated in the Bylaw, the minimum depth of an interment in the ground will either be:

(a) 1600 millimetres deep for a single body interment; or

of 32

(b) 2100 millimetres deep where a second body interment is required in the same plot; or

(c) A lesser depth determined by Council for interments in an area designated for the interment of children or for interment of ashes.

4 CREMATION APPLICATION

4.1 Requests seeking authority for cremation must:

(a) Include all relevant prescribed forms under the Cremation Regulations 1973; and

(b) Include payment of the requisite fee; and

(c) Where there is a committal service planned at the Kelvin Grove Chapel, the forms described in (a) above must be received by Council eight hours before the committal service booking; and

(c) Be demonstrated to the satisfaction of the Council that the deceased has not been treated with radioactive material within the two months prior to death. Otherwise, the safety of cremation must be confirmed by a medical practitioner.

4.2 Any coffin holding human remains for cremation must:

(a) Not exceed the measurements set by Council; and

(b) Be made of a non-toxic and readily combustible material that is sturdy in nature; and

(c) Have a smooth flat exterior base and contain no lead, iron or zinc linings.

5 ITEMS PROHIBITED FROM CREMATOR

5.1 The following items are prohibited from entering a cremator:

(a) Alcohol;

(b) Batteries;

(c) Hardhats including crash helmets;

(d) Lighters;

(e) Medical appliances including pacemakers;

(f) Metal including metal-based products;

(g) Motorcycle leathers;

(h) Polystyrene foams;

(i) Rubber;

(j) Plastic including PVC-based products;

of 32

(l) Electronics;

(m) Glass bottles;

(n) Aerosols;

(o) Jewellery;

(p) Ammunition or explosive material.

(q) Die cast metals, aluminium, and copper;

(r) Prosthetic limbs;

(s) Wet suits;

(t) Surfboards;

(u) Mattresses;

(v) Garden tools.

6 SCATTERING OF ASHES REQUEST

6.1 Requests seeking authority to scatter ashes in any cemetery must be made to Council through the relevant prescribed form.

7 EXCLUSIVE RIGHT OF BURIAL APPLICATION AND CONDITIONS

7.1 Purchasing an Exclusive Right of Burial

7.1.1 Council will only sell an exclusive right of burial for a plot in the following circumstances:

(a) For interment in the cemetery of a recently deceased person or for the interment of ashes;

(b) For one plot that is immediately adjacent to a plot sold under (a) for the interment of a family member of the deceased person;

7.1.2 The term of interment shall be in perpetuity unless the Council expressly limits the period of interment at the time an exclusive right of burial is sold.

7.1.3 Requests seeking authority to purchase an exclusive right of burial must include the completed prescribed form and payment of the requisite fees.

7.1.4 Once an exclusive right of burial has been paid in full, Council will issue the approved applicant an exclusive right of burial certificate as proof of authority.

7.1.5 Exercise of an exclusive right of burial will require the plot holder to provide evidence of that right to the Council with an application in the relevant prescribed form. Where the plot holder is deceased and unable to expressly authorise the use of the plot for interment, the evidence of the right to use the plot and the application may be made by the family of the plot holder or a person authorised to act on their behalf.

of 32

7.1.6 The Council will allow a plot holder of an exclusive right of burial to transfer that right to another person provided that the transfer is to a family member or otherwise to the satisfaction of Council and an application is made to the Council on the relevant prescribed form.

7.2 Lapse of an Exclusive Right of Burial

7.2.1 Where an exclusive right of burial has lapsed or is due to lapse under section 10(4) of the Burial and Cremation Act 1964, Council will inform the plot holder as soon as possible and also offer the plot holder the opportunity to renew the exclusive right of burial on the reserved plot.

7.2.2 Where the Council has made reasonable attempts to contact the plot holder without success, the Council will continue to hold the plot in reserve for a period of twelve months from the date of the last attempted contact with the plot holder or the lapse date (whichever is the later). If after this there is no response from the plot holder, the Council will deem the plot to be available for use or resale.

7.2.3 Where the plot holder does not wish to renew an exclusive right of burial over the reserved plot, the Council will make the plot available for use or resale and the former plot holder will be provided with a letter acknowledging that the exclusive right of burial has lapsed.

7.2.4 If the plot holder wishes to renew the exclusive right of burial, the Council will issue a new certificate to the plot holder upon payment of the prescribed fee for a renewal.

8 DISINTERMENT AUTHORITY

8.1 Requests seeking a disinterment of human remains must include:

(a) The necessary certifications under the Burial and Cremation Act 1964; and

(b) The relevant prescribed form; and

(c) Payment of the requisite fees.

8.2 Requests seeking disinterment of ashes must include:

(a) Consent from the family of the deceased allowing the disinterment to the satisfaction of Council; and

(b) The relevant prescribed form; and


9 MONUMENT PERMIT AND CONDITIONS

9.1 Requests seeking authority to erect a monument must be submitted to Council through the relevant prescribed form, and accompanied by:

(a) The plans for the monument or alterations to an existing monument including the materials to be used and the dimensions; and

of 32

(b) The wording of any proposed epitaph or inscription and associated graphics; and


9.2 When considering an application submitted under section 9.1 above the Council will have regard to the following considerations and may grant permission subject to any appropriate terms and conditions as determined by the Council:

(a) The application was filed by the plot holder or the plot holder’s representative if the plot holder is deceased.

(b) There are no outstanding fees owed to Council in regard to the disposal of human remains or ashes in the plot that is the subject of the monument permit.

(c) Any proposed wording or graphics are acceptable to Council.

(d) The foundations and any works described on the plan must comply with either:

(i) NZS 4242:1995 Headstones and Cemetery Monuments or its amendments, and the headstone specifications set out in schedule one of the Administration Manual; or

(ii) The requirements of Veterans’ Affairs New Zealand in the case of monuments in the Services Section of the Cemetery.

(e) The monument is constructed of granite or some other naturally occurring stone approved by Council except where 9.2(f) below applies.

(f) Any proposed monument in a natural burial cemetery must be a temporary engraved wooden plaque measuring no greater than 250 millimetres by 150 millimetres, positioned on a wooden post projecting no higher than 300 millimetres from the ground surface.

(g) The proposed monuments must not be for the gardens of remembrance.

(h) The installation must be carried out in accordance with the requirements of the Health and Safety at Work Act 2015.

10 GRAVE DECORATIONS APPROVAL AND BREACH

10.1 Approval from Council

10.1.1 Requests seeking approval to have decorations on the soil of the grave must be submitted to Council on the relevant prescribed form accompanied by a list of materials to be used for decorations on the soil of the grave.

10.1.2 Approval from Council will last for twelve months and can be renewed annually.

10.2 Breach of conditions

of 32

10.2.1 Where grave decorations breach the conditions of the bylaw Council will

(a) Take a photo of the plot showing the breach;

(b) Write to the plot holder or their representatives informing them of the breach and providing them with twenty days from the date of receipt of the correspondence to remove or correct the breach;

(c) Failing a response from the plot holder or their representatives within the allocated time, Council will remove or correct the breach.

10.2.2 Notwithstanding 10.2.1(b) above, Council may immediately remove or correct a breach that poses an immediate threat to the safety of staff and the public, whereby delaying action will be unreasonable in the circumstances.

10.2.3 Non-perishable items that are removed from a plot by Council will be stored by Council for at least thirty days for collection by the plot holder or their representatives’. Uncollected items will be disposed of by Council as it sees fit.

10.3 Permitted Plantings of Plants, Shrubs and Trees

10.3.1 Plantings of plants, shrubs, or trees is only permitted on plots that have been used for an authorised interment in the following manner:

(a) In the children’s area of the Kelvin Grove Cemetery that is not designated as lawn graves, flowers and small shrubs may be planted on the plot;

(b) In the garden kerb area of the Kelvin Grove Cemetery, flowers and small shrubs may be planted in the garden directly behind the plaque;

(c) In a natural cemetery a single tree may be planted on the plot.

10.3.2 Plots with plantings that have been neglected will be treated according to section 10.2 above.

11 RECORDS

11.1 Any interments within any cemetery must be registered according to section 50 of the Burial and Cremation Act 1964

11.2 Any cremations taking place at the crematorium must be registered according to section 9 of the Cremation Regulations 1973.

11.3 The Council must keep a record of any exclusive right of interment burial certificates issued over plots in any cemetery.

11.4 Interment and cremation records for cemeteries controlled by Council will be available on the Palmerston North City Council website.

12. OPERATING HOURS

of 32

12.1 Interments, cremations and any other funeral activities may only take place during the following hours:

(a) Monday to Friday between 9.00 am to 4.00 pm;

(b) Saturday between 9.00 am to 12.00 noon.

12.2 Interments, cremations and other funeral activities that do not conclude by 4:30 pm during the weekday and 12:00 noon on Saturday will incur additional fees.

12.3 Interments, cremations and any other funeral activities may not take place on Sunday and public holidays.

12.4 Monument unveiling ceremonies may occur within the standard opening hours of the cemetery the monument is located in, provided that Council are notified 24 hours before commencement of the unveiling ceremony.

of 32

PART TWO - SCHEDULES

SCHEDULE ONE – HEADSTONE SPECIFICATIONS CHILDREN’S LAWN

Height of base 100 mm Length of base 915 mm Width of base 200 mm

These headstones can be desks or plates and stand on marble, granite or concrete plastered bases. The thickness of the stones shall not exceed 100 mm. The width of the stones shall not exceed 450 mm. The overall height of base and stone combined shall not exceed 500 mm. The rear margins will be 50 mm.

CREMATION MEMORIAL LAWN – SECTION T Height of base 100 mm Length of base 610 mm Width of base 200 mm

These headstones are to be desks only 100/55 on marble or granite bases. The thickness of the stones shall not exceed 100 mm. The breadth of the stones shall not exceed 450 mm. The overall height of base and stone combined shall not exceed 500 mm. The rear margin will be 50 mm.

CREMATION LAWN – U 2A

Height of base 100 mm Length of base 610 mm Width of base 200 mm

These headstones can be desks or plates and stand on marble, granite or concrete plastered bases. The thickness of stones shall not exceed 100 mm. The breadth of stones shall not exceed 450 mm. The overall height of base and stone combined shall not exceed 500 mm. The rear margin will be 50 mm. MEMORIAL PLAQUE AREAS Garden kerb bronze plaque 150 mm x 100 mm U-1A granite plaque 360 mm x 230 mm x 16 mm Sands memorial granite plaque 200 mm x 150mm x 16 mm

LAWN CEMETERY FULL BURIAL PLOTS

Height of base 50 -150 mm Length of base single plot: up to 1220 mm Length of base double plot: no less than 1220 mm, up to 2440 mm Width of base 330 mm

These headstones can be desks or plates and stand on marble, granite or concrete plastered bases. The thickness of the stones shall not exceed 150 mm, normally with a tolerance of 30 mm for rock-backed stones. The overall height of the base and stone combined shall not exceed 1000 mm. The rear margin will be 50 - 75 mm.

The breadth of stones for single plots shall not exceed 950 mm. The breadth of stones for double plots shall not exceed 1220 mm. All concrete bases to have a minimum of one 5 mm reinforcing rod running length ways.

of 32

Palmerston North City Council Draft Cemeteries and Crematorium Bylaw 2018

Your contact details

Full Name:

Organisation (if applicable):

Postal Address:

Phone (day):

Email:

Please note, as required by legislation, your submission (including contact details provided on the submission form), will be available to the public and media and on the Council website as part of the decision-making process unless you request that these details be kept private. If you wish to keep your contact details confidential, please tick this box. �

Submissions hearings are expected to take place in August 2018.

Do you want to speak to the Council in support of your submission? (please tick) � Yes � No

MAKING YOUR SUBMISSION You can find details about the draft cemeteries and crematorium bylaw, along with the reasons for making these proposals, in the Consultation Document. Go to www.pncc.govt.nz/yourcouncil/consultations to download the document. There is also an online submission form if you would prefer to make a submission online. Submissions don’t have to be long or complicated. If there is something about the draft Bylaw which you like and want to support, or that you think needs to be changed, just write down what you think and why. If you need to use more than one sheet of paper, please attach any additional pages to this form.

http://www.pncc.govt.nz/yourcouncil/consultations

of 32

Please send your submission:

By mail Draft Cemeteries and Crematorium Bylaw 2018 Submissions, Governance and Support Team Leader, Palmerston North City Council, Private Bag 11034, Palmerston North 4442

In person Palmerston North City Council Customer Service Centre, 32 The Square, Palmerston North

By email [email protected] (write Draft Cemeteries and Crematorium Bylaw 2018 Submissions in the subject)

By phone 06 356 8199 SUBMISSIONS CLOSE 4PM, MONDAY 11 JUNE 2018

mailto:[email protected]

of 32

General comments Please note here any comments you may have about the draft Cemeteries and Crematorium Bylaw 2018. For example, whether you are generally in support or opposed to the draft Bylaw, or whether you think we have got things about right. Please note any comments you may have on specific parts of the draft bylaw. Part One – Introduction Part Two – Legal Disposal of Human Remains and Ashes

of 32

Part Three – Memorialisation

Part Four – Administration and Management

Draft Cemeteries and Crematorium Administration Manual

palmerston north city council draft palmerston north ... · this consultation document proposes the...

Documents