NELSON CITY COUNCIL BURIAL AND CREMATION BYLAWS

Transcription

1 NELSON CITY COUNCIL BURIAL AND CREMATION BYLAWS Bylaw No 216 The NELSON CITY COUNCIL in pursuance of the powers and authorities vested in it by the Local Government Act 2002, the Bylaws Act 1910, The Burial and Cremation Act 1964, and any other act authorising it in that behalf, hereby makes the following Bylaw: 1) SHORT TITLE AND COMMENCEMENT i) This Bylaw may be cited as the Nelson City Council Burial and Cremation Bylaw No 216. These bylaws will come into effect on Monday 25 August ) INTERPRETATION Council: Holder: Plot: Grave Means the Nelson City Council or any person or officer delegated the authority to exercise any powers pursuant to this bylaw. In relation to an exclusive right of burial includes the purchaser thereof and any person to whom such right might be transferred under this bylaw, and in respect of any grave includes the personal representative or family of the deceased. Means an area of land within a cemetery set aside for the future burial of the holder of the exclusive right of burial or anybody permitted by the holder to be buried in such plot. Means an occupied plot. 3) PURCHASE OF EXCLUSIVE RIGHT OF BURIAL i) Any person making application on the appropriate form and paying the requisite fee may at any time purchase the exclusive right of burial in any available plot on the terms and conditions from time to time set by the Council. i 4) BURIALS Where no prior purchase of an exclusive right of burial has been made by or on behalf of the deceased at the time an application is made for an interment warrant, the exclusive right of burial shall be purchased contemporaneously with the interment warrant. Where any poor person has been interred in any cemetery any friend or relative of a such person may, within such time as the Council might allow, purchase the exclusive right of burial in relation to the grave subject to the terms and conditions applying in respect of the purchase of such right. i) No person shall undertake any burial, including the burial of ashes, in any cemetery within the City without first obtaining an Interment Warrant from the Council

2 i iv) Applications for an Interment Warrant shall be made on the appropriate form and be accompanied by the fee set by the Council for such warrant. Any application for an interment warrant in respect of a deceased poor person shall be accompanied by a certificate duly signed by the applicant certifying that the deceased has not left sufficient funds to meet the cost of either or both, the interment warrant or the exclusive right of burial, and that there are no friends or family willing or able to meet these charges. All burials shall be undertaken in accordance with the conditions from time to time set by the Council and as outlined on the Interment Warrant. 5) CREMATIONS i) No cremation shall take place in any crematorium provided by the Council unless the appropriate warrant has first been obtained, the requisite fee has been paid, and the provisions of the applicable cremation regulations have been complied with. Every application for cremation, together will all necessary certificates, shall be deposited with the Council prior to cremation. 6) HEADSTONES - MONUMENTS i) No person shall erect any headstone, plaque, fence or other structure on or about any plot or grave unless they hold the exclusive right of burial in respect of that plot or grave and have obtained a permit from the Council for the work. i No person shall erect any headstone, plaque, fence or other structure on or about any plot or grave in any cemetery except in accordance with the Council standards relating to the erection of memorials, headstones or other structures. The Council may from time to time by resolution add to or amend the standards relating to the erection of memorials, headstones or other structures. 7) UNDERTAKING WORK i) No person erecting or repairing any headstone, monument, fence or other work in, on, or around any plot or grave in any cemetery, shall make use of any footpath or other part of the cemetery for placing or depositing thereon any tools or material in connection with the work for a longer time than is reasonably necessary for the purpose of completing such work. i Any person who after service upon them of a notice in writing from the Council requesting the removal thereof within a time specified in such notice, shall neglect or refuse to remove any such tools or material from the cemetery, shall commit an offence against this Bylaw. No person shall make use of any footpath or roadway in the cemetery for the purpose of mixing cement or mortar otherwise than upon a proper mixing board or in other approved manner

3 8) WREATHS, FLOWERS, ETC i) No tree shall be planted in any cemetery by any person without the consent of the Council first being obtained. Shrubs planted in any portion of the cemetery may at any time be trimmed, removed, or cut down. Reasonable attempts will be made to contact the person who undertook the planting or their representative prior to such work being undertaken so as to enable such plantings to be removed. i iv) No person shall plant anything on any plot or grave, but during a period of two (2) weeks following interment, or such longer time as in any particular case might be allowed, a wreath or other tribute may be placed on a grave, but shall be removed at the expiration of such period. After the above mentioned period has expired no person shall place on any grave more than two tributes being either flowers and foliage placed in receptacles of an approved type inset into the base on which the memorial is placed, or other appropriate items. In the case of any lawn cemetery two receptacles may be installed adjoining and at the same level as any tablet or plaque. The Sexton may at any time remove damaged receptacles or receptacles of a type not approved by the Council and any dead flowers and dead foliage, or inappropriate or excess tributes. 9) HOURS OF OPENING i) No person shall enter or remain in any cemetery between the hours of sunset and sunrise. 10) VEHICLES i) No person shall drive any vehicle on any part of any cemetery except the roads open for vehicular traffic. No person shall drive or park any vehicle in any cemetery other than in accordance with the traffic signs or markings therein. 11) REMOVAL OF HEADSTONES ETC i) No person shall, without the authority of the Council, or the holder of the exclusive right of burial in respect of any grave, remove or take from such grave, any vase, wreath, plant, flower, or any kerb, headstone or monument or any other thing. The Council may cause to be removed any neglected or broken material of this nature subject to reasonable attempts being made to contact the holder of the exclusive right or their representative prior to such removal. 12) MISCONDUCT i) No person shall, in any part of any cemetery, by any violent or improper behaviour, prevent, interrupt, or delay any funeral service. No person shall on any monument, tombstone, memorial or any other structure whatsoever, place or allow to be placed any epitaph, inscription, writing or lettering or any words, marks or characters or any pictures or thing or object which might be considered objectionable

4 13) DAMAGE TO MONUMENTS i) No person shall interfere with, disturb, remove, displace, deface, disfigure, damage, injure or destroy any building, monument, tombstone, plaque, memorial, fence, sign, notice-board or any fitting or implement of any kind within or enclosing the whole or any portion of any cemetery. No person shall, without authority from the Council, take, deposit, remove or disturb any soil or uproot any plant, or injure any shrub, tree, hedge, or other growth within any cemetery. 14) COMMERCIAL OPERATIONS i) No person shall, without the consent of the Council, in any cemetery, advertise or solicit any order or custom for any work whatsoever 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 set up, affixed, placed, or used in any cemetery. 15) ANIMALS No commercial photographer shall, without the consent of the family concerned, attend any funeral for the purpose of taking photographs. i) No person shall, without the consent of the Council, take or allow to be taken into any cemetery any horse or other animal, providing that this does not apply to any dog which is kept on the leash while in such cemetery, or any stock which the Council permits to graze any part of the cemetery. 16) FEES i) The Council may from time to time by resolution publicly notified amend the fees or charges payable by any person in respect of any permission, certificate or service provided by the Council. 17) OFFENCES AND PENALTIES i) Any person who acts contrary to any provision of this bylaw or to any direction given by any Sexton or Officer of the Council in relation to the use of any cemetery, commits an offence against this bylaw and on summary conviction is liable to a fine not exceeding $500, and where the offence is a continuing one to an additional fine not exceeding $50 for every day or part of a day during which the offence continues

5 CONDITIONS OF PURCHASE OF THE EXCLUSIVE RIGHT OF BURIAL i) No burial shall take place in any plot in respect of which the exclusive right of burial has been purchased unless the holder of that right consents to the burial or the Sexton is otherwise satisfied that such a burial is authorised. i iv) Any holder of the exclusive right of burial in any plot in which no burial has taken place may, by notice to the Council, transfer his or her interest in such plot to any other person subject to the payment of such fees as may have been set by the Council. The holder of the exclusive right of burial may surrender the same to the Council, which will refund only the price paid for the purchase of such right. The holder of the exclusive right of burial in any monumental cemetery may surround the plot allotted with kerbing in permanent materials. Tombstones, headstones, or other monuments may be erected thereon. Provided that no such kerbing, tombstone, or other monument shall be erected, unless a permit has been obtained and the prescribed fee has been paid. All foundations and all tombstones, headstones, monuments, shall be designed and constructed in compliance with sound engineering principles and in accordance with the attached standards. All kerbs, enclosures, tombstones, headstones, and other monuments shall be kept in proper order or repair by the holder of the exclusive right of burial in the plot. Any monument, tablet, fence, or erection of any kind which falls into a state of decay or disrepair may be removed from the cemetery by the Council. Reasonable attempts will be made to contact the holder of the right or their representative. In the event of there being no one available to effect repairs or permit removal, a photographic record of the plot shall be taken before removal and filed with the cemetery records. v) Every person who encloses any plot of ground shall do all levelling required at his own cost and in accordance with the requirements of the Council. Every such person shall, without delay, remove from the cemetery all rubbish and earth not required in the filling in of the grave, or in connection with such levelling to a place approved by the Sexton. Note: The Burial and Cremation Act 1964 provides that any exclusive right of burial shall lapse should 60 years pass without a burial taking place in that part of the cemetery or in that plot

6 STANDARDS FOR THE ERECTION OF MEMORIALS, HEADSTONES, OR OTHER STRUCTURES 1) MONUMENTAL CEMETERIES Wakapuaka, Seaview and St John Hira, Cemeteries i) The Council will provide a continuous concrete platform or berm at ground level or below as required, of a width suitable to maintain stability, as a base or platform foundation work on which memorials can be placed. The cost of the platform will be included in the price of the exclusive Right of Burial in respect of the plot. i iv) Concrete base work for all memorials shall not stand higher than 150mm above the highest point of the concrete berm or ground level, whichever is the higher, and be of a depth (front to back) of no more than 650mm, and where required make provision for insets for flower containers. A space of 150mm clear of the memorial base shall be maintained both front and back to the edge of the platform or berm. Where no concrete platform or berm exists the monument or tombstone is to be placed on a concrete foundation or base at the head of the plot having a length or width of up to 1m and at a level no less than 25mm below that of the surrounding ground. No memorial shall be of a length of more than 1m in the case of a single plot, or 2m in the case of a double width plot and must extend no closer than 100mm to the boundaries of the plot. v) No memorial shall stand higher than 700mm above the ground level. All memorials shall comply with sound engineering principles and be aesthetically acceptable to the Council. The plans of the memorial are to be submitted to and approved by the Council before any erection takes place. Note: The height limit is to ensure that machinery working on digging adjacent graves are able to manoeuvre above the monuments without damaging them. The height limit also ensures a uniformity which adds to the visual environment. Thus this height may be exceeded with the specific approval of the Council where such considerations are of lesser importance. vi) All memorials shall be of granite or other material approved by the Council. Concrete shall be finished in grey cement; no coloured cements are to be used. v In constructing bases and in erecting memorials, the adjoining roads, paths or plots shall not be damaged. 2) MEMORIAL WALKWAY Marsden Valley Cemetery i) A memorial plaque meeting the standard requirements set out below may be placed parallel with the walkway edge. Up to four interments of ashes and four plaques are permitted in relation to each plot

7 3) LAWN CEMETERIES Marsden Valley Cemetery i) No kerbs, railing, fences or other structures will be permitted on or around any plot. All tombstones, headstones, monuments or structures upon any plot are to be constructed so that no permanent part will project above the level of the ground immediately adjoining. i No memorial plaque, memorial tablet, or other permanent construction is to be placed on any plot other than in compliance with the following conditions: i. Any such memorial tablet or memorial plaque or other construction shall be constructed of permanent material approved by the Council. ii. The construction shall comply with these standards as to size and placement. iii. All lettering relating to the person(s) buried in the plot shall be on one tablet or plaque. 4) MEMORIAL KERB Marsden Valley Cemetery i) A memorial plaque meeting the standard requirements set out below may be placed on the section of curb allocated to the holder of the right

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16 CONDITIONS OF INTERMENT i) The burial shall take place in such plot as the Sexton shall determine, unless the exclusive right of burial has been purchased in respect of another plot. i iv) Notification of the proposed burial shall be given to the Sexton no less than eight hours prior to the time fixed for the funeral, or such lesser time as the Sexton might approve. Funerals shall be held between the hours of 10.00am and 4.00pm Monday or the 1st working day of each week, 9.00am and 4.00pm Tuesday to Friday and 9.00am to 1.00pm on Saturday, or such other hours as the Sexton might agree. The Sexton may give permission for a funeral to be conducted outside the above mentioned hours or on a public holiday, subject to payment of any additional fee set by the Council. No person other than the Sexton or the Sexton s assistant or any other person authorised by the Sexton shall dig any grave, or open the ground for the burial of any body or ashes in any part of any cemetery. v) Subsequent interments may be made in any grave providing the minimum depth of cover over the coffin is not less than 500mm, and the holder of the exclusive right in that grave has given consent to the subsequent interment(s). vi) The urn containing the ashes of a deceased person may be buried in any part of a cemetery set aside for such purpose, or in any plot or grave in respect of which the exclusive right of burial is held either by the deceased or the person authorising the interment

17 CONDITIONS OF CREMATION i) Cremations shall be conducted at times that are mutually agreeable between the contractor and the representatives of the family. No cremation will take place on a Sunday or a public holiday, however the contractor may agree to carry out a cremation on such day, subject to payment of any additional fee for the time being payable. i An approved urn containing the ashes of a deceased person may be left at the Crematorium for 14 days from the date of the cremation free of charge. At the expiry of this initial period such fee per month as the Council may set shall be paid. Notwithstanding this the Council will not hold ashes beyond 1 year from the date of the cremation, and at the expiration of such year may dispose of the ashes in accordance with the applicable regulations. The casket containing any deceased person intended for cremation shall be sufficiently robust so as to be able to be carried and made of an approved combustible material. The specification as to overall size shall be such as will be accepted by the incinerating process. Two persons properly concerned with the cremation of the deceased may see the casket placed in the incinerating hall after the service in the chapel. No inspection of the actual process of incineration shall be permitted, without approval of the family of the deceased being cremated. Without the consent of the contractor no casket shall be opened after admission to the crematorium