Cemeteries and Crematoria Bylaw 2015

1. Title

1.1 This Bylaw is the Gisborne District Council Cemeteries and Crematoria Bylaw 2015.

2.Commencement and Authority

2.1.This Bylaw came into force on 26 June 2015.

2.2.  This Bylaw is made under the Local Government Act 2002, the Burial and Cremation Act 1964, and the regulations and rules under those Acts.

Related information:

This Bylaw was amended on 26 June 2025 following a review of the Bylaw on 20 March 2024
and those amendments came into force on 1 August 2025.

3. Application

3.1.This Bylaw applies to any Council controlled cemetery within the Gisborne District.

3.2.For the avoidance of doubt, this Bylaw does not apply to any urupā or any other cemetery, crematorium or burial ground that is not controlled by Council.

Related information:

Council is the owner of a building at Taruheru Cemetery which is leased to a commercial entity.  This building houses a cremator which is owned and operated by a commercial entity.

Burials outside of cemeteries owned or controlled by Council are subject to Sections 46, 47 and 48 of the Act and subsequent amendments.

4.1  Any undefined words, phrases or expressions used in this Bylaw have the same meaning as in the Act unless the context plainly requires a different meaning.

4.2 The Legislation Act 2019 applies to the interpretation of this Bylaw.

4.3 Related information is for information purposes only, does not form part of this Bylaw, and may be inserted or changed by the Council at any time without amending the Bylaw.

4.4 In this Bylaw, unless the context otherwise requires:

Act means the Burial and Cremation Act 1964

Adult means any person over the age of 12 years.

Assignee means the person or persons to whom an exclusive right of burial is transferred to on the death of the holder of the exclusive right of burial.

Berm means a load bearing structure fabricated from concrete of prescribed dimensions, set flush with the ground and supplied by Council, for the purpose of mounting monuments.

Body has the same meaning as in section 2 of the Burial and Cremation Act 1964.

Burial means to bury, or place the ashes of, a body.

Burial Warrant means a certificate issued by Council, after approval of an application by the funeral director or other person responsible for the management or control of a burial, which gives authority for the person named on the warrant to be buried by Council.

Cemetery has the same meaning as in Section 2 of the Burial and Cremation Act 1964.

Cemetery Officers means any person appointed by Council to manage the day to day activities of any cemetery under its jurisdiction.  Such activities include arranging for the provision of plots for burials.

Closed Cemetery or Area means a cemetery which has been closed by a closing order as stated in Part 6 of the Burial and Cremation Act 1964 and subsequent amendments.

Controller has the same meaning as in the Civil Defence Emergency Management Act 2002.

Council means the Gisborne District Council.

Exclusive Right of Burial has the same meaning as in Section 10 of the Burial and Cremation Act 1964.

Funeral Director means a person, who in the course of their business, carries out burials and related matters.

Holder of the Exclusive Right of Burial means a person who has purchased a cemetery plot, or if that person is deceased, their assignee or, authorised agent.

Maintenance in Perpetuity means that Council will maintain all cemeteries to an appropriate standard as set by Council, for the period that the cemetery is under the control and management of Council. Where a cemetery is disused or closed, maintenance will encompass the preservation of access and maintenance of safety, as per Section 43 of the Burial and Cremation Act 1964

Memorabilia means wreaths, vases, artificial or natural cut flowers or foliage, plants, figurines, toys and ornaments and other objects placed on a grave in memory of a deceased person but that are not permanently attached to that grave.

Monument has the same meaning as in Section 2 of the Burial and Cremation Act 1964 and includes any tombstone, headstone, memorial, kerbing, or other erection.

Monumental Area means a part of a cemetery in which full grave cover by monuments is permitted, subject to prior approval of such structures by Council.

Plot means a gravesite as shown on a cemetery plan held available for public inspection at a cemetery and/or offices of Council.

Prescribed Fee means the fees determined by Council in accordance with section 150 of the Local Government Act 2002.

Public Holiday means those Public Holidays outlined in section 44 of the Holidays Act 2003.

Recovery Manager means has the same meaning as in the Civil Defence Emergency Management Act 2002.

Relatives means a person’s spouse or defacto partner, first and second degree blood relationships (parent, sibling, child, uncle, aunt, nephew, niece, grandparent, grandchild or half-sibling).

Returned Services Area means an area of a cemetery set aside for the burial of bodies or ashes of eligible servicemen or service women as defined by Section 15(2) of the Burial and Cremation Act.

Tablet has the same meaning as in Section 2 of the Burial and Cremation Act 1964 of including a plaque.

Working Hours means the hours from 8am to 5pm from Monday to Friday, excluding Public Holidays outlined in section 44 of the Holidays Act 2003.

5.1  The purpose of this Bylaw is to enable Council to set and control standards for the safe and efficient operation of Council’s cemeteries and crematoria.

6.1  Council may make, amend or revoke a Cemeteries Guide to:

• a)provide rules for the use of cemeteries and crematoria controlled by Council; and/or
• b)provide additional information to aid in the interpretation of this Bylaw.

6.2  Before making, amending or revoking a Cemeteries Guide in 6.1, Council must, be satisfied that the contents of the guidebook is consistent with this Bylaw and meets the purpose of this Bylaw.

7.1 Burials may be made in any plot in any cemetery vested in Council or under its control that is not closed, subject to this Bylaw.

7.2.A person must obtain an Exclusive Right of Burial and comply with any conditions imposed by Council before a burial can take place.

7.3 The purchase of the Exclusive Right of Burial excludes the digging and closing of a grave or the opening and closing of the ground for burial.

7.4 Council will grant an Exclusive Right of Burial once the Council has received the prescribed fees or financial arrangements acceptable to Council have been made.

7.5 The Holder of the Exclusive Rights to Burial or their assignee can apply to Council for a duplicate Certificate of Title to Plot for any lost Certificate of Title to Plot.

7.6 Council will issue a duplicate Certificate of Title to Plot for any lost Certificate of Title to Plot to the purchaser or their assignee upon request and payment of the prescribed fee.

7.7  No person except the owner of the exclusive right of burial, may be buried within a plot without the express prior consent of the holder of the right.

Related information:

The Councill will make available to the public the size and location of the plots that are available for sale at any given time and manage the allocation of the sold plots.

The Council will make available to the public any terms and conditions of burial plots for sale and whether any Exclusive Right of Burial is to be granted for a limited period.

8.1 The holder of the Exclusive Right of Burial in a plot in which no burial has taken place may sell or transfer that right to any other person with the consent of Council, subject to the payment of the prescribed fee to Council.

8.2 When the holder of the Exclusive Right of Burial no longer intends to use the plot, the plot may be transferred back to Council subject to the payment of the prescribed fee to Council.  Plots that have been sold back to the Council, may be resold by Council.

9.1 When an application is made to buy the Exclusive Right to Burial in any plot and the payment of the prescribed fee is not made in full within the period determined by Council, it may extend the period of payment or determine that the application has lapsed.

9.2 If the application has lapsed, the Exclusive Right to Burial will revert back to Council with no entitlement for refund of the purchase price.

10.1 Council may, pursuant to section 150 of the Local Government Act 2002, prescribe fees for all the services for the operation and maintenance of cemeteries controlled by Council.

10.2 Except as provided for in clause 18 of this Bylaw, burials will only take place when the Exclusive Right of Burial has been completed. This requires payment of all the prescribed fees or suitable financial arrangements that are acceptable to Council.

10.3 An out of District fee shall be payable where the burial is of a deceased person not permanently residing within the boundaries of the Gisborne District for at least twelve months prior to date of death.

10.4 Notwithstanding clause 10.3 of this Bylaw, the out of District fee does not apply to children under the age of 12 months and stillborn children.

10.5 Notwithstanding clause 10.3 of this Bylaw, Council may apply its discretion to the requirement for the appropriateness of out of District fees.

Related information:

There are many operational considerations that affect the applicability of out of district fees, including length of a person residing in the District and practical situations, such as temporary absences of short duration from the district. These will not detract from the permanency of residence and the Cemetery Manger will apply discretion to determine the appropriateness of out of district fees.

11.1 No burial can take place in any cemetery without a burial warrant for that purpose, obtained by the funeral director or other person having the management or control of the burial from Council and presented to Cemetery Officers as authority for burial.

12.1 A person requiring a burial warrant must apply to Council on the approved form of application for a burial warrant as issued by Council.

12.2  A burial warrant may only be issued:

• a)when the ground conditions are suitable for burial; and
• b)upon Council receipt of written certification as defined under Section 26 of the Births and Deaths Registration Act 1951; and
• c)when financial arrangements acceptable to Council have been made, for the exclusive right of burial.

13.1  Where adverse weather causes ground conditions to be unsuitable, burials may be suspended to protect public health, maintain public safety, and ensure the wellbeing of Council staff and the public, the Controller or Recovery Manager may direct the temporary suspension of burials under the Civil Defence Emergency Management Act 2002 to prevent any activity that may cause, or substantially contribute to the consequences of, an emergency.

13.2  In such cases, no burial warrants will be issued until Council is satisfied ground conditions are suitable.

14.1 The application for a burial warrant must be delivered to Cemetery Officers at least eight working hours before the burial by the funeral director or other person responsible for the management or control of the burial.

15.1 Burials at cemeteries administered by the Gisborne District Council shall take place during those burial hours as specified on Council’s website and in any related Cemeteries Guide made under clause 6.1 of this Bylaw.

15.2  Except to comply with the duties of Council under Section 86 of the Health Act 1956 relating to the burial of people who have died of an infectious and/or notifiable disease, or by special arrangement with Council, burials will not take place on Public Holidays.

15.3  Funeral director or other person responsible for the management or control of the burial will consult with Cemetery Officers on burial time. Council Officers will determine the time of burial.

15.4  Burials may take place at other times by special arrangement with Council and on payment of any additional fees.

Related information:

Information on burials and opening hours of the Cemeteries can be found at on our cemeteries webpage

16.1  Eight working hours’ notice of any burial or service must be provided to Cemetery Officers.

16.2  If such notice is not given, the burial or service may be delayed for a reasonable period of time as Cemetery Officers decide to enable Cemetery Officers to complete the necessary arrangements.

16.3  Any extra expenses incurred will be the responsibility of the funeral director or other person responsible for the management or control of the burial.

17.1  The funeral director or other person responsible for the management or control of the burial must ensure that the remains are in a suitable receptacle when presented for burial and ensure that all equipment associated with the burial is provided at the time of burial.

17.2  Any additional expenses incurred by Council will be the responsibility of the funeral director or other person responsible for the management or control of the burial.

18.1  In the instance, where a burial warrant cannot be issued due to the non-payment of the prescribed fees and the requirements of Part 2 have not been met, an application can be made to Council for the burial of a deceased person in financial need.

18.2  A person applying to Council for the burial of a person in financial need, must provide a declaration signed by a Justice of the Peace, certifying that:

• a) Such deceased person has not left sufficient means to pay all the prescribed fees; and
• b) All the prescribed fees are not covered by an Accident Compensation or Government entitlement or subsidy; and
• c) The deceased person’s relatives are unable or unwilling to pay.

18.3  Additional proof to confirm the declaration may be required by Council.

19.1  For health and safety reasons, only Cemetery Officers or assistants of Cemetery Officers or any other person authorised by Council can dig any grave in or open the ground for burial in any part of a cemetery. On request, Council can accommodate cultural supervision for those who wish to oversee the digging process.

19.2  No person other than Cemetery Officers or assistants of Cemetery Officers or person duly authorised by Cemetery Officers will fill in any grave. Backfill is permitted on request and only under supervision of Cemetery Officers.

19.3  Extra depth burials can only occur if the water table permits and ground conditions are suitable.

20.1  Any authorised person undertaking physical works associated with any plot must obtain prior approval from Council for the physical works.

20.2  All applicable fees must be paid or arrangements for the fees that are to be paid are to be made with the Council.

20.3  The authorised person must adequately protect the surrounding plots, monuments and cemetery infrastructure and may not deposit any tools or materials on any adjacent plot, without prior approval from the holder of the exclusive right of burial to that plot, or an assignee.

20.4  All tools or materials used for the physical works must be removed as soon as practicable upon the completion of the physical works.

20.5  If any authorised person undertaking physical works fails to comply with any conditions of the approval given by the Council, the Council may revoke the approval for the physical works and remove any monument, or part thereof, that fails to meet the conditions.

20.6  The Council may remove any unauthorised physical works.

21.1  With the prior approval of Council any person may scatter the ashes of a deceased person in a cemetery.

21.2  With the prior approval of Council and on payment of the prescribed fees any person may bury a container holding the ashes of a deceased person in any plot, subject to the exclusive right of burial.

22.1  If a casket for a child (under 12 years old) is too large for a children’s burial plot, it will be buried in an adult burial plot subject to the payment of the prescribed fees.

23.1  No person can re-open a grave for a further burial without the consent of the holder of the exclusive right of burial.

24.1  Where a request for a disinterment and/or reinterment is received and approved by Council, any person undertaking the disinterment must do so pursuant to section 51 and 55 of the Act and subject to the payment of the prescribed fees.

24.2  Any person undertaking an approved disinterment and/or reinterment must do so, in the presence of Cemetery Officers, a funeral director and staff and an inspector of the Ministry of Health.  Any other person may only attend with prior approval of Council.

24.3  It will be the responsibility of Council to open the grave only to the extent of exposing the lid of the casket.  Removal of the casket from the grave will be the responsibility of the funeral director present.

24.4  No person may use any plot from which a disinterment has taken place for any subsequent burial and no refund of the cost of the original burial or any part of that cost will be made.

25.1  Any person wishing to install a monument in any part of a cemetery must apply on the prescribed form for Council approval to carry out such work.

25.2  The applicant must submit details of the monument design (subject to all relevant clauses in Parts 4 and any relevant conditions of Part 5 of this Bylaw), including materials and dimensions, and details of all inscriptions and their positions on the monument and pay the prescribed fee.

25.3  Applications not meeting Council requirements outlined in this Bylaw, any applicable legislation and the current New Zealand Standard: Headstones and Cemetery Monuments, may be refused.

26.1  Any person designing a monument, must design it to comply with all applicable legislation and meet the following Aesthetic Requirements:

• a) Inscriptions, imagery or designs must be on the front-side of monuments only.
• b) The maximum size for imagery or designs is 240mm x 240mm.
• c) The design must not include profanity, hate speech or symbolism that denigrates or discriminates against individuals or groups, explicit images, or images associated with violence. Gang insignia is prohibited by the Gangs Act 2024.  A practical assessment of what is offensive will be undertaken in regard to the relevant context provided with the proposed design.

26.2  Any person who designs a headstone, which includes wording or imagery described by clause 26.1(c) of this Bylaw, will have their application declined by Council.

Related information:

There are also other requirements governing the design of monuments, including the New Zealand Standard: Headstones and Cemetery Monuments NZS 4242:2018. Council may also provide further guidance on how the NZ Standard applies. These standards include minimum structural design standards for any installation and renovation of monuments.

27.1  Any person constructing or installing a monument, must install it to meet the following requirements:

• a)  Only one tablet or monument will be allowed on any one grave, including extra depth burial graves, and it must be placed on the grave in a position approved by Council.  A tablet may be attached to an existing monument.  Monuments may only be erected within the plot boundary;
• b)  All monuments must be constructed of permanent materials.  Council may by resolution, publicly notified determine a list of permanent materials that may be used in the construction of monuments; and
• c)  All monuments must be constructed in accordance with sound engineering principles and will meet the aesthetic requirements of Council as described in Part 4 of this Bylaw and subject to any relevant conditions in Part 5 of this Bylaw.

27.2  The owner of the monument will pay for the delivery and installation of monuments and will be carried out at times agreed with Cemetery Officers.

27.3  Any person, constructing or installing a monument must immediately remove from the cemetery any rubble and earth not required in the filling in of the grave or in connection with the levelling will immediately be removed. By agreement with Cemetery Officer, there may be instances where the rubble and earth not required, can be disposed of in an approved place within the Cemetery.

28.1  All persons undertaking approved physical works, will remove all tools or materials used as soon as practicable upon the completion of the physical works.

28.2  Any person mixing cement or mortar within a cemetery must do so on a proper mixing board approved by Council.  Residue must be removed from the cemetery.

28.3  Any person installing or attending a monument or carrying out any other work in a cemetery must withdraw for the duration of an adjoining funeral service. Such person must also remove tools, planks and other materials which may obstruct access to an adjoining service for the duration of said service.

29.1  The holder of the exclusive right of burial must keep all monuments in proper order and repair.

29.2  Should a monument fall into a state of decay or disrepair, or be deemed by Council to be unsafe, it may at any time be dealt with by Council pursuant to the Burial and Cremation (Removal of Monuments and Tablets) Regulations 1967. A photographic record of the monument will be taken prior to removal and retained in cemetery records.

30.1  Council may carry out regular audits of all monuments to ensure the health and safety of any persons or property within the cemetery boundaries.

31.1  No person will be allowed to remove from a grave or plot any monument without obtaining the prior written permission of Cemetery Officers.

32.1  No person, other than Cemetery Officers, or a person authorised by Council, or under the supervision of a Council employee shall carry out maintenance and any other work in a cemetery.

33.1  Council will maintain certain types of cemeteries to provide for different types of burials subject to the physical constraints of the land and other factors as relevant to the maintenance and operation of the cemetery.

Related information:

The different types of cemeteries within the district are:
- Lawn area cemeteries
- Ash berm areas
- Ash Garden Berm Areas
- Monumental Cemeteries

Further information about the location and the features of these cemeteries can be found on our cemeteries webpage

33.2  Certain types of burials subject to criteria are permitted within these different types of cemeteries. These are:

33.3  Lawn Area Cemeteries can accommodate ashes or full body burial, with the following conditions:

• a)Headstone bases no higher than 150mm above the berm and will be a maximum depth front to back of 400mm.
• b)  The base will maintain clear space of 100mm at the front of the berm.
• c)No monument including the base will be wider than 1 150mm for a single plot or 2300mm for a double width plot.
• d)No monument, inclusive of its base will stand higher than 1 metre above the berm.
• e)Headstone bases will allow for inserts for flower containers where this is required.
• f)  No grave shall be enclosed with any railing or kerbing or similar and no monument except a tablet shall be placed on any grave.
• g)No person shall place on any plot any memorabilia except flowers and foliage which shall be placed in the flower containers inserted in the headstone.

33.4  Ash Berm Areas can accommodate ashes burial only, with the following conditions:

• a)A maximum of two sets of ashes per plot.
• b)The concrete based work for all monuments will not stand higher than 100mm above the berm and will be of a depth (front to back) not exceeding 250mm, length 600mm.
• c)No monument including the base will stand higher than 700mm above the berm.
• d)Headstone bases will allow for inserts for flower containers where this is required.

33.5  Ash Garden Berm Areas can accommodate ashes burial only, with the following conditions:

• a)A maximum of two sets of ashes per plot.
• b)No monument or structure other than a tablet may be placed on the berm.  The tablet will be set in a position and manner approved by Council.
• c)No tablet will exceed a depth of 230mm or be wider than 370mm for a single plot or 750mm for a double plot.

33.6  Monumental Cemeteries can accommodate ashes or full body burial, with the following conditions:

• a)The holder of an exclusive right to burial may enclose the plot or plots allotted to him or her with kerbing.  Where the allocated plots are contiguous, they may be enclosed as a single unit.
• b)The kerbing of the plots in a monumental area will be constructed of permanent materials approved by Council and must not exceed a maximum height of 300mm above the ground level.
• c)Monuments may be erected within the plot boundary.

34.1  Areas of cemeteries may be laid out as Returned Services Areas.

34.2  Those eligible for burial there are as defined as having Operational Service as defined by Section 15(2) of the Act, or having a spouse or partner who has Operational Service under the Act.

34.3  Notwithstanding clause 34.2, the body or ashes of the spouse or partner of a returned service person may at the request of the surviving returned services partner be interred in an extra depth plot in a Returned Services Area.

34.4  Commemoration shall be as described by the Office of Veteran’s Affairs.

34.5  Council may waive the prescribed fee payable for the exclusive right of burial in the Returned Services Areas.  Other prescribed fees shall be payable.

35.1  Closure and Maintenance in Perpetuity. Council may apply to officially close cemeteries under Part 6 of the Act.

35.2  Council shall maintain such cemeteries in perpetuity, subject to conditions as set under Part IV of the Act.

36.1  Memorabilia may be placed on graves at the time of burial.

36.2  Five days from the date of burial, Council may remove memorabilia placed on the grave to level the surface to allow grass to be sown.

37.1  A person may only place memorabilia in a container, or containers set in recesses in the monument, or the base of the monument within the berm plot boundary to ensure maintenance of the cemetery can be carried out.

37.2  No person shall place memorabilia around the wider plot.

Related information:

Memorabilia is managed to allow for maintenance of the cemetery, so after a grave has been levelled and sown it can be necessary for Council to remove the memorabilia to allow the lawn to establish and be mowed. There are also other requirements governing the design of monuments, including the New Zealand Standard: Headstones and Cemetery Monuments NZS 4242:2018. Council may also provide further guidance on how the NZ Standard applies. These standards include minimum structural design standards for any installation and renovation of monuments.

38.1  Any person may remove and dispose of artificial or natural cut flowers or foliage, plants or broken or damaged receptacles that have become unsightly.

38.2  Cemetery Officers may permanently remove and dispose of memorabilia that impedes or constrains Council’s ability to maintain the cemetery or causes littering, or memorabilia that has become unsightly or has been broken or damaged.

38.3  A person must not remove memorabilia from a grave without the approval of the holder of the exclusive right of burial of the plot or from cemetery officers.

39.1  Subject to clause 40 of this Bylaw, no person shall access any crematorium and any cremation process.

40.1  No person, other than a person directly concerned with the deceased, and with approval from the manager of the crematorium may attend the placing of the coffin in the incineration hall in accordance with a religious ceremony.

Related information:

The Cremations Regulations 1973 are applicable to all crematoria within the District.

41.1  No person may plant any vegetation on any grave or within the cemetery boundaries without the prior consent of Council.

41.2  Vegetation planted in any portion of the cemetery may at any time be trimmed, removed or cut down at the discretion of Council.

41.3  A person must not disturb, damage, take or pick any cutting or flower from any tree, shrub, plant or other vegetation in any cemetery without the consent of Council.

41.4  A person must not plant, cut down or destroy any tree or shrub in any cemetery without the consent of Council.

42.1  Unless authorised by Council, a person must not take a vehicle into any cemetery during the hours of darkness or if the cemetery is closed for visitors.

43.1  Within cemeteries, any person driving a vehicle must only drive on formed roads which are open to vehicular traffic and park only in designated parking areas.

44.1  Within cemeteries, all persons driving a vehicle (other than a hearse) must yield unconditional right of way to any funeral procession.

45.1  Any person driving a vehicle in a cemetery must stop or move that vehicle as directed by Cemetery Officers or other authorised officer.

46.1  Any person driving a vehicle in a cemetery must obey all signs or notices concerning traffic movement and parking displayed in that cemetery.

46.2  Any person driving a vehicle must not drive at a greater speed than indicated on any road within the cemetery, and in any other direction other than indicated by traffic notices.

46.3  In the absence of speed limit signs, any person must not drive a vehicle at a speed greater than 10 kilometres an hour in any cemetery.

47.1  These provisions will not apply to any person driving an emergency vehicle (as defined in the Land Transport (Road User) Rule 2004) used at the time to save or protect life or health or prevent injury or serious damage to property.

48.1 With the exception of the transactions of Council employees, undertaken in the course of management of the cemetery, no person may solicit trade or advertise goods or services within any cemetery.

49.1  Notwithstanding clause 48 of this Bylaw and with the consent of the holder of the exclusive right to burial in a plot a manufacturer of a monument, other than a tablet, may display his or her name in a space no larger than 50mm by 100mm on the monument.

49.2  Any person or manufacturer displaying their name will meet the Aesthetic Requirements of Council outlined in clauses 26 and 49.1 of this Bylaw and will display their name unobtrusively.

50.1  A person must not take any photograph or make video recordings for commercial or media purposes, at a funeral without prior approval of the Council and consent of the family or funeral director.

50.2  A person must not take any photograph or make video recordings for commercial or media purposes, of a grave without prior approval of the Council.

51.1  Subject to the provisions of other Council bylaws, animals are permitted in cemeteries under the control of their owner except for the purposes of grazing. If an animal is requested to be removed from a cemetery by Cemetery staff, the owner must comply immediately.

51.2  Grazing is prohibited in cemeteries without the prior permission of Council.

52.1  A person must not damage, paint, write or carve on any building or monument within a cemetery or crematorium or damage property within any cemetery.

53.1  A person must not unlawfully or improperly interfere with, interrupt or delay the carrying out of any funeral service or ceremony within any cemetery or crematorium.

54.1  Any person must not behave in a way that creates a nuisance, is offensive or that is likely to create a nuisance or is likely to be offensive. In particular, behaviour that is likely to cause damage or interrupt the operations of the cemetery.

55.1  No person will bring into or exhibit in any cemetery or crematorium any article that is a nuisance or is likely to be a nuisance or is offensive or likely to be offensive.  This includes gang insignia prohibited by the Gangs Act 2024.

56.1  Council will keep plans of the cemeteries it controls, records of all rights of burial granted, and a record of all burials in the cemeteries. Plans and records will be open for inspection by the public at the offices of Council during normal office hours.

57.1  Every person who commits a breach of this Bylaw commits an offence and is liable to pay:

• a)the maximum fine set out in the Local Government Act 2002; and
• b)any other penalty specified in the Act for the breach of the Bylaw.

57.2  Any person commits a breach of this Bylaw who:

• a)omits or neglects to do, or knowingly permits or suffers to remain undone, anything required by this Bylaw; or
• b)refuses or neglects to comply with any notice duly given under the Bylaw; or
• c)obstructs or hinders any authorised officer of Council in the performance of any duty conferred upon them by this Bylaw; or
• d)fails to comply with any notice or direction given under this Bylaw.

57.3. The notice issued under clause 57 of the Bylaw, must state the time within which the remedial action is to be carried out, and may be extended at Council’s discretion.

57.4  Council may, in accordance with Section 162 of the Local Government Act 2002 apply for an injunction restraining a person from committing a breach of this Bylaw.

57.5  Any person undertaking or responsible for the continued existence of any work or object in a state contrary to this Bylaw will be deemed a continuing offence within the meaning of this section.

58.1  Council may pull down, remove or alter or cause to be pulled down, removed or altered any vegetation, work, material or thing erected or being in contravention of this Bylaw or section 163 of the Local Government Act 2002.

58.2  Council may recover all costs in connection with such pulling down, removal or alteration from any person responsible for the erection or from any person permitting the continued existence of any such vegetation work material or object.

58.3  The exercise of this authority does not relieve any such person from responsibility for any penalty for erecting or permitting the continued existence of any such vegetation work, material or object.

59.1  All officers appointed by Council under or for the purpose of the previous Gisborne District Council Cemeteries and Crematoria Bylaw version 2015 and holding office at the time of the coming into operation of this Bylaw, shall be deemed to have been appointed under this Bylaw.

60.1  Where, in the opinion of Council full compliance with any of the provisions of this Bylaw would needlessly or injuriously affect any person, Council may, on the special application of that person, dispense with the full compliance with the provisions of this Bylaw. In this instance, Council may impose conditions or terms that must be complied with.

60.2  Council may, however, extend, withdraw or amend the dispensation granted in terms of clause 60.1, after consideration of any representation by affected persons and if in its opinion it is justified.

60.3  Except if expressly granted otherwise, the dispensation by Council in terms of clause 60.1 is only applicable to the person it is granted.