(1) The vesting of the Burial Ground in the Council, effected by section 53(2) of the Act and the Burial Ground closing order, is confirmed.

(2) If the Minister under section 44 of the Act vests the control and management of the Burial Ground in any individual or body corporate in lieu of the Council,—

• (a) section 53(2) of the Act does not apply; and

• (b) the Burial Ground remains vested in the Council.

(3) Section 99A of the Land Transfer Act 1952 applies to the vesting confirmed by this section of the Burial Ground in the Council and, in complying with that section by making entries in the register (as defined in section 2 of that Act) and otherwise giving effect to section 53(2) of the Act, the Registrar must—

• (a) remove caveat number 12255 (interests protected by which are extinguished by section 8) from the register (as so defined) relating to the Burial Ground; and

• (b) issue a computer freehold register for the land that is the Burial Ground.

(1) The general provisions on closed burial grounds apply to the Burial Ground subject to—

• (a) section 5(2)(a) (which in specified circumstances prevents the application to the Burial Ground of section 53(2) of the Act); and

• (b) any other provision of this Act that limits or affects their application to it.

(2) Examples of the general provisions on closed burial grounds include the provisions of the following enactments:

• (a) sections 20, 42, 44, 45 to 45C, and 51 of the Act; and

• (b) Burial and Cremation (Removal of Monuments and Tablets) Regulations 1967.

(3) This section does not limit or affect the application to the Burial Ground, in accordance with sections 12(1), 13, and 14(2), of sections 8, 9, 50, and 52 of the Act (which relate to cemeteries).

The Trusts are dissolved.

(1) The interests of the Stace heirs and assigns protected by caveat number 12255 are extinguished.

(2) Nothing in this Act affects existing burials in the Burial Ground in relation to the Stace heirs and assigns.

(3) The Stace heirs and assigns may, after obtaining the controller and manager's consent for them to do so, inter ashes of the Stace heirs and assigns in that part of the Burial Ground where existing burials of those heirs and assigns have already been made.

(4) The controller and manager must not unreasonably withhold consent of that kind.

(5) Subsection (3) overrides subsection (1).

(1) Nothing in this Act affects any entitlement, interest, right, or title—

• (a) of a person of a kind specified in subsection (2); and

• (b) recognised or protected by the Act, the Burial Ground closing order, or both.

(2) The kinds of persons referred to in subsection (1)(a) are—

• (a) any person who purchased before the closure a burial plot—

  • (i) in the Burial Ground; and

  • (ii) in which no burial has yet been made; and

• (b) any person referred to in section 42(1) of the Act; and

• (c) survivors referred to in section 42(2) of the Act.

The Burial Ground continues to be called the Pauatahanui Burial Ground.

Sections 12 and 13 apply only while the control and management of the Burial Ground is vested in the Council (either alone, or with any other individual or body corporate).

(1) Sections 8 and 9 of the Act (which relate to a local authority managing, and digging, making, erecting, placing, and maintaining graves, vaults, monuments, and tablets in, a cemetery) apply in respect of the Burial Ground as if it were a cemetery.

(2) The Council must meet any maintenance costs associated with the Burial Ground.

(3) The Council must take all reasonably practicable steps to foster community involvement in the upkeep and beautification of the Burial Ground.

(4) The Council must consult with Heritage New Zealand Pouhere Taonga before the Council undertakes any major repairs or major earthworks at the Burial Ground.

Section 52 of the Act (which relates to the inspection of cemeteries) applies to the Council in respect of the Burial Ground as if it were a cemetery.

(1) The Council is responsible for the safe custody of all records relating to the history and management of the Burial Ground.

(2) Section 50 of the Act (which relates to the registration of burials within a cemetery) applies to the Council in respect of the Burial Ground as if it were a cemetery.

(3) As soon as practicable after this Act comes into force, the Council must cause to be compiled and maintained as complete a record as practicable of the names and other identifying details of all persons known to be persons who have purchased, before the closure, burial plots in the Burial Ground in which no burials have been made.

(4) As soon as reasonably practicable after the commencement of this Act, all records relating to the Burial Ground (including the Deed of Trust, amendments to the Deed of Trust, financial records, and burial records) must be transferred to the Council.