A temporary exemption to this requirement to examine the body was in place since 2022 for specific situations (natural deaths in residential care facilities). However, that needed regular legislative renewal.
On 7th May 2026 the exemption option was made permanent (via the Cremation Amendment Regulations 2026).
The key principle is that a medical practitioner or nurse practitioner can issue a medical certificate for cremation without examining the body under the following strict criteria:
- Death has occurred in an eligible residential care facility or while under specialised palliative care (see below).
- The certifying practitioner attended the person before death.
- The certifying practitioner knew the patient and the medical history sufficiently well that they could determine that the death was not unexpected.
- The certifying practitioner has been advised by another health practitioner (usually a registered nurse) at the scene that the death and identity of the deceased have been verified, and that death was consistent with natural causes.
The key changes to the exemption system:
Exemption cases are now documented on a new medical certificate Form BA (instead of Form B).
The scope of the exemption has been clarified and expanded. The option is available if the deceased was, at the time of their death, receiving—
(i) long-term residential care in New Zealand (which means age-related long-term residential care in a private hospital or rest home); or
(ii) specialist palliative care in New Zealand; provided by one or more person with suitable expertise.
The exemption does not apply to the following situations:
- The certifying practitioner did not attend the decedent before death.
- Deaths in public hospitals.
- Deaths in private residences (unless it was while receiving specialist palliative care).
An embalmer should still examine the body and issue a signed statement that they cannot find any evidence of an implanted battery-powered device that needs removal - or that a device has been removed.
Changes:
The Form BA cremation certificate
- should be completed by a certifying practitioner who previously attended the deceased before death (by personal attendance or via video-link).
These certificates should be sent to the medical referee.
NB: a practitioner who did not attend the deceased before death (“alternate practitioner”) must still examine the body after death in order to issue a medical cause of death certificate, in compliance with section 46B95) of the Burial & Cremation Act.