Cemeteries and Crematoria Act 2020

A person may apply to the licensee of a crematorium for the cremation of human remains at the crematorium.

The application must be in writing and include—

the name and contact details of the person; and

the name of the deceased person whose human remains will be cremated and their—

date of birth (if known); and

date of death (if known); and

a statement about whether the deceased person has left directions that their remains not be cremated; and

a statement about whether the deceased person will be in an acceptable container or acceptable wrapping; and

either—

a certification document; or

an approval under section 40 (Burial or cremation without certification document); and

a certificate from a medical referee stating that there is no medical reason why the human remains should not be cremated; and

if the human remains are fetal remains—a statement signed by a doctor, nurse or midwife stating that the remains are human remains and there is no reason why the remains should not be cremated; and

if the application is for the cremation of 2 or more people at the same time—an approval under section 23.

The licensee must—

accept the application; or

refuse the application.

The licensee may refuse to consider the application further if it is not in accordance with subsection (2).

The licensee may accept the application only if satisfied that—

the deceased person did not leave directions that their human remains should not be cremated; and

the cremation has not been prohibited under section 24; and

the container for the cremation of the human remains is an acceptable container or acceptable wrapping.

If the licensee agrees to the cremation, the licensee must—

schedule a day and time for the cremation; and

tell the person, in writing, of the licensee’s agreement to cremate the human remains, including the day of the scheduled cremation; and

allocate a unique identifying number for the cremation; and

give the person the unique identifying number in writing.

If the licensee refuses the application, the licensee must tell the person in writing.

If an undertaker or funeral director is acting for, or on behalf of, a person, information that must be given to the person under this section may instead be given to the undertaker or funeral director.