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What the law says in New Zealand

7 rules

Registering the death

The death is registered with Births, Deaths and Marriages after the burial, within 3 working days of it. A funeral director usually does this. If you arrange the burial yourself, you register it on form BDM28 with the cause of death certificate or the coroner’s authorisation. Registration is free. govt.nz, Registering a death (updated 22 May 2024); Department of Internal Affairs, form BDM28

The coroner and post-mortems

Police tell a coroner about unexpected, violent or suspicious deaths. Close family can object to a post-mortem within 24 hours of the coroner’s decision, unless the death was part of a crime or a delay would stop the pathologist finding the cause, and can then apply to the High Court within 48 hours of being told the coroner has decided to go ahead. The coroner must consider the distress to people whose beliefs require the body back quickly, and can order an immediate post-mortem for that reason. Coroners Court, objection page (updated 28 March 2017); Coroners Court home page; Coroners Act 2006, ss. 32, 33 and 37

Release, timing and repatriation

We found no national minimum or maximum time for burial, so ask the cemetery the earliest time it can bury. The first stages of a coroner’s case often take 48 hours. For a burial abroad, the registration form records the place abroad and the date the body leaves New Zealand; ask the funeral director and the embassy about the rest. Coroners Court, First stages (updated 7 May 2025); Department of Internal Affairs, form BDM28

Burial and cemeteries

Each cemetery has its own rules. Some council cemeteries have Muslim areas, such as Christchurch’s Memorial Park Cemetery and Ashburton Cemetery. In Ashburton’s Muslim area the body is laid on its right side facing Mecca, with a wooden board over it. We found no national rule on burial without a coffin, so ask the cemetery. Ashburton District Council, Burial Services; Christchurch City Council, Operational cemeteries

Probate and the estate

The High Court grants probate to the executor, or letters of administration if there is no will. It usually takes 6 to 8 weeks, and the fee can sometimes be waived. Family members can challenge a will or claim on the estate in court, so ask a lawyer before dividing it by the Islamic shares. govt.nz, Wills, probate and estates

Small estates

If the estate is worth less than $40,000, you may not need to apply to the High Court. The bank can release money from the deceased’s account for the funeral without probate, and you do not need to be the executor. govt.nz, Wills, probate and estates; What to do when someone dies (updated 14 August 2026)

Funeral Grant and help with costs

Work and Income’s Funeral Grant pays up to $2,697.43 towards reasonable funeral costs when the estate cannot pay, if the person who died normally lived in New Zealand; you do not need to be on a benefit, and for a partner or child it depends on your income. ACC helps with burial costs after an accident. Work and Income, Funeral Grant; govt.nz, Financial help if someone dies (updated 2 July 2026)

From official sources, checked October 2026. Laws change; your funeral director and a lawyer can confirm them.

Where you are

New Zealand has one national law for registering a death, the coroner and estates, and this guide describes that national framework. Each cemetery has its own rules, so ask the cemetery about Muslim areas, graves and burial in a shroud.

The steps

1. 1

   Have the death confirmed

   In the first hour · 0 of 4

   A doctor or nurse confirms the death and writes the cause of death certificate (Medical Certificate of Cause of Death). You need it to register the death and arrange the burial.

   • If the death was unexpected, call 111 and ask for an ambulance and police
   • At home, if the death was expected, call their doctor
   • In a hospital, hospice or rest home, tell the staff on duty
   • Tell the staff early that the family needs a quick burial for religious reasons
2. and

   Close the eyes, cover the body, make duʿā

   In the first hour · at the same time as the step above · 0 of 4

   Gently and without hurry. Those present can do this while the calls are made.

   • Close the eyes and the mouth
   • Straighten the arms and legs
   • Cover the body with a clean sheet
   • Pray for them, and say only good
3. 2

   Call the mosque’s funeral service

   In the first few hours · 0 of 3

   Many mosques and Muslim associations help with the washing, the shroud, the prayer and the burial, and know which funeral director to use.

   • Call the mosque’s funeral service or the imam
   • Tell them where the body is and who the next of kin is
   • Agree a time for the ghusl and the janazah prayer
4. 3

   Ask whether the coroner is involvedPaperwork

   If the death was sudden · 0 of 4

   The police tell a coroner when someone dies unexpectedly, violently or in suspicious circumstances, and a doctor who is unsure of the cause reports it too. The coroner decides whether there will be a post-mortem. The Coroners Court works 24 hours a day, 7 days a week.

   • Ask the police or hospital whether the death has gone to the coroner
   • Tell the coordinator straight away that the family needs the body back quickly for religious reasons
   • If you object to a post-mortem, say so within 24 hours of the coroner’s decision
   • Ask whether a limited post-mortem, such as an external examination or a CT scan, is enough
5. 4

   Register the deathPaperwork

   Within 3 working days of the burial · 0 of 3

   In New Zealand the death is registered after the burial. The funeral director usually does it with Births, Deaths and Marriages. If you arrange the burial yourself, you must register it.

   • Ask the funeral director to confirm they have registered the death
   • Without a funeral director, fill in form BDM28 and post it with the cause of death certificate
   • Registration is free
6. 5

   Choose the funeral director and the gravePaperwork

   Within the first day · 0 of 4

   A funeral director can register the death and organise the cause of death certificate. Each cemetery has its own rules, so ask the cemetery or the council that runs it.

   • Ask the funeral director for the full costs before you agree
   • Ask in advance whether the mosque’s team or the family may wash the body at the funeral home
   • Ask for no embalming
   • Ask the cemetery whether it has a Muslim area, and whether burial in the shroud is allowed there
7. and

   Wash and shroud the body

   Within the first day · at the same time as the step above · 0 of 2

   Done by trained Muslims of the same sex, or by the spouse. The funeral service usually provides the cloth.

   • Confirm who will wash
   • Confirm the kafan is ready

   How the washing and shroud are done

8. 6

   The janazah prayer and the burial

   As soon as possible · 0 of 3

   The prayer is often held after one of the daily prayers, and the burial follows straight after.

   • Tell family and community the time of the prayer
   • Confirm the grave in a Muslim cemetery or Muslim area
   • Ask the cemetery the earliest time it can bury, including at weekends

   How to pray the janazah prayer

9. and

   If the burial will be abroadPaperwork

   Before the coffin is closed · at the same time as the step above · 0 of 4

   Some families bury their dead in another country. Ask the funeral director what paperwork is needed and who will do it. The estate usually pays, or the family if there is no money in it. Ask the funeral company what it costs and who signs before you agree. Check any insurance too.

   • Tell the funeral director early that the burial will be abroad
   • Call the embassy or consulate of the country early: it sets its own documents and conditions
   • Ask whether embalming or a sealed coffin is required
   • Check travel insurance and any funeral cover
10. 7

    Get copies of the death certificatePaperwork

    After the funeral · 0 of 2

    Ask each bank, insurer and government office whether it needs a death certificate. Order it once the funeral is over.

    • Order it with the registration form, or later online, by phone, by post or in person
    • In person: Auckland, Manukau, Wellington or Christchurch, with photo ID
11. 8

    Pay the funeral costs and list every debt

    In the first weeks · 0 of 4

    The funeral is paid from the estate first, then the debts. Nothing is inherited until both are settled.

    • Pay the funeral costs from the estate
    • Ask the bank to release money from the deceased’s account for the funeral
    • List loans, bills and money owed to family
    • Ask a scholar about any unpaid zakat
12. and

    Find the will, and tell the governmentPaperwork

    In the first weeks · at the same time as the step above · 0 of 4

    The executor named in the will leads what follows. The free myTrove online form lets you tell government departments, major banks and others.

    • Check papers at home, email, and with any lawyer or trustee company
    • Use myTrove to tell government departments, banks and others
    • If the deceased was paid a benefit, NZ Super or a Veteran’s Pension, contact Work and Income
    • Secure the house and car, and keep the phone line active for sign-in codes
13. 9

    Settle and divide the estatePaperwork

    In the months after · 0 of 4

    The High Court appoints the executor (probate) or, if there is no will, an administrator (letters of administration). A small estate may not need the court.

    • Apply to the High Court if the estate needs it
    • Close accounts and cancel subscriptions
    • Pay any bequest, up to one third, to people who are not heirs
    • Divide the rest by the fixed shares

    See how the estate divides

14. 10

    Look after the family

    Four months and ten days · 0 of 3

    A woman keeps the prescribed mourning (iḥdād: setting aside adornment and perfume) for no more than three days for any death, except for her husband: then four months and ten days, the length of her ʿiddah, or until she gives birth if she is pregnant.

    • Bring food and help with the household
    • Help the widow with errands and appointments
    • Make duʿā for the one who has died

    What to say and do when you visit

15. 11

    Write your own Islamic will

    For those left behind · 0 of 3

    Without a valid will, New Zealand law decides who inherits, not the fixed shares. An Islamic will in New Zealand is an ordinary will that directs the estate by the shares.

    • Put it in writing and sign it in front of 2 witnesses, who are together and sign in front of you
    • Ask a lawyer or trustee company who writes Islamic wills
    • Ask them whether family members could claim more than the will gives them

    Work out the Islamic shares to take to a lawyer

Settling things after the funeral? Keep track of every task, and who is doing it. Sharing the steps with family? Make a family checklist you send as a link.

General guidance, not a fatwa or legal advice. New Zealand law on registering a death, the coroner and estates is national, but each cemetery has its own rules, so Muslim areas and burial rules differ from place to place; your funeral director and a lawyer can confirm them. All sources

Last reviewed October 2026. Something wrong? Tell us