Cremations Act 2003

After a cremation, the person in charge of a crematorium—

must label the ashes in accordance with the requirements prescribed under a regulation; and

must not dispose of the ashes except in accordance with any reasonable written instructions of the applicant.

Maximum penalty—80 penalty units.

However, the person in charge may bury the ashes in a burial ground if, within 1 year after the cremation, the applicant does not give reasonable written instructions for the disposal of the ashes.

Before burying the ashes, the person in charge must give the applicant at least 28 days written notice of intention to bury the ashes.Maximum penalty—80 penalty units.

The notice must be sent to the applicant at the applicant’s address for service on the permission to cremate.

This section overrides the common law to the extent that it qualifies the personal representative’s right to decide how to dispose of the deceased person’s human remains.