From 25th April 2020 to 20 October 2022, the Minister of Health authorised medical referees to permit cremations to be carried out without complying with regulation 7 of the Cremation Regulations 1973, under certain conditions.
- specific conditions were outlined where the deceased does not have to be examined after death by the certifying practitioner.
The exemption was issued under the provisions of the Epidemic Preparedness Notice 2020 (section 5(3) of the Epidemic Preparedness Act 2006).
It applied to deaths in a rest home, residential care facility, or other long-term in-patient facility that has lock-down precautions.
The exemption
Where entering a restricted facility adds infection risks for both practitioners and residents during the Covid-19 pandemic.
Regulation 12(b) of the Cremation Regulations 1973 allows the Minister of Health to authorise medical referees to permit cremations to be carried out without complying with regulation 7 for cremations under certain conditions.
In this case, the section applies where completion of a Cremation Certificate by a certifying practitioner would increase the risk of transmission of COVID-19.
In these conditions, the certifying practitioner is not required to enter the facility to view the deceased to complete a cremation certificate.
This authorisation applies to deaths in rest homes, residential care facilities, and other long-term in-patient facilities where:
- the medical history and current conditions of the deceased are known by the medical or nurse practitioner
- the death occurred in a residential care facility that has lock-down restrictions.
- it is not practical for the certifying practitioner to view the deceased at the funeral director's premises.
Extra requirements for the exemption
1. DECEASED VERIFICATION FORM.
- A medical referee must receive advice from a trusted source, who has a reasonable level of assurance of the cause of death to verify the identity of the deceased and that the deceased died of natural causes, in lieu of a certifying practitioner providing a Cremation Certificate.
- Medical referees have discretion in determining who constitutes a trusted source, but that the identity, contact details, and position of the trusted source must be recorded.
- The Funeral Directors' Association of NZ has provided a form for this purpose: Deceased verification to be completed by the funeral director.
2. Certification of no biomechanical aid.
- The funeral director must certify that there is a biomechanical aid present in the body. This can be certified via an embalmer's certificate.
NOTE: this exemption expired on 20 October 2022