Cremations Act 2003

This section applies if a deceased person’s personal representative—

is arranging for the disposal of the deceased person’s human remains; and

knows that the deceased person has left signed instructions for his or her human remains to be cremated.

The deceased person’s personal representative must ensure that—

an application for permission to cremate is made; and

if the permission to cremate is issued, the deceased person is cremated in accordance with the signed instructions.

This section overrides the common law to the extent that it—

allows a person to direct the person’s personal representative to cremate the person’s human remains; and

qualifies a personal representative’s right to decide how to dispose of the deceased person’s human remains.