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Legislation
ture

Terramation is not currently legal in Aotearoa New Zealand. It has been legalised in Sweden, and in some states of the United States of America. This section provides information on what legislation is currently in place in Aotearoa New Zealand and other countries where terramation is legal.

Current Legislation in Aotearoa New Zealand

New Zealand currently has only two legalised options for human body disposition: burial (in land or at sea) and cremation. There are more than 2,188 cemeteries in New Zealand, only 12 of which are registered natural burial cemeteries.

Following public consultation, in 2021 government considered a range of options for modernising the legislation relating to death, burial, cremation and funerals in New Zealand, including the Burial and Cremation Act 1964, Cremation Regulations 1973 and the Health (Burial) Regulations 1946. Urupā (Māori burial grounds), registration of mortuaries, burial at sea and international transportation of bodies were out of scope of this review.

Part of this discussion considered alternative forms of disposition (specifically naming aquamation and promession, but not terramation) which resulted in agreement that any alternate form of disposition would be assessed and legalised (or not) on a case-by-case basis and not allowed for in any general 'alternative disposition' Act.

 

New Zealanders consider climate change one of the greatest concerns of our age, and in 2020 the NZ government signed up to the Paris agreement, under which Aotearoa New Zealand’s Nationally Determined Contribution (NDC) is to reduce greenhouse gas emissions to 50 per cent below 2005 levels by 2030 and to pursue efforts to limit the global temperature increase to 1.5°C above pre-industrial levels. 
 

These rules are established in accordance with the Health Act of 1920 and encompass overall guidelines aimed at minimizing harm and mitigating the potential for nuisance arising from the handling and transportation of deceased individuals. They mandate the registration of funeral directors and outline specific criteria for mortuaries

These regulations are designed to ensure that bodies are not cremated until all legislative requirements have been met

This legislation includes several clauses pertaining to infectious and notifiable diseases. Certain provisions within the Act are relevant to funeral service providers in cases where an individual had contracted such a disease prior to their death.

Current Legislation in the United States of America

Since 2019 natural organic reduction reduction has been legalised in seven states of the United States of America: Colorado, Oregon, Vermont, Washington, New York and California, and has been presented but not passed in two: Hawaii and Pensylvania. Bills are currently being considered in many others states.

California

Bill AB-351 signed into law September 2022. The law will take effect in 2027.

Colorado

Bill SB21-006 signed into law May 2021. The law took effect 8 August 2021

Connecticut

Bill HB06485 is in progress

Hawaii

Bill HB680 was introduced in January 2021, but did not pass.

Illinois

Bill HB3158 is in progress.

Maine

Bill LD536 is in progress.

Maryland

Bill HB1060 is in progress.

Massachusetts

Bill H4036 is in progress.

Minnesota

Bill HF2669 and SF3134 are in progress.

Nevada

Bill AB289 has just been approved July 2023

New Jersey

Bill S3610 is in progress.

New Mexico

Bill SB407 is in progress.

New York

Bill A382 signed into law December 2022. The law will take effect once regulatory processes are complete.

Oregon

Bill HB2574 signed into law June 2021. The law took effect 1 January 2022.

Pennsylvania

Bill HB2916 introduced September 2022, but did not pass.

Rhode Island

Bill H6045 is in progress.

Vermont

Bill H244 signed into law June 2022. The law took effect 1 January 2023.

Virginia

Bill HJ513 is in progress.

Washington

Bill SB5001 signed into law May 2019. The law took effect from 1 May 2020.

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