Scattering ashes in New Zealand: rules and cultural protocols
Written by Henry Smith · Reviewed by Smiths Insurance & KiwiSaver, licensed Financial Advice Provider (FSP712931) · Updated 2026-10-20 · Reviewed annually, or sooner if the rules it describes change.
Financial advice is provided by Craig Smith Business Services Limited, trading as Smiths Insurance & KiwiSaver, a licensed Financial Advice Provider (FSP712931). QuoteHub is a trading name.
The Burial and Cremation Act 1964 says nothing about where you may scatter ashes, so in practice the rules come from whoever controls the place. On private land you need the owner's permission. Councils set their own rules for parks, waterways and cemeteries, and Auckland Council, for example, prohibits scattering in waterways and oceans on its land and in its regional and local parks (Auckland Council: Scattering of ashes).
What the law says
We searched the Burial and Cremation Act 1964 (version as at 4 September 2026) and it does not use the word "scatter". Its provisions on ashes are limited to local authorities making bylaws about burying ashes in a cemetery and about crematoria buildings used to keep ashes (Burial and Cremation Act 1964). So the practical rules are set by landowners and by the council or agency that manages the place you have in mind. Where a rule exists it is usually in a council policy or bylaw, and it can differ from one district to the next.
Where you can usually scatter, and where you cannot
Place
What we can source
A cemetery or memorial garden
Auckland Council's cemeteries offer ash scattering areas, lawn and garden interment areas, columbarium walls and ash vaults. Other councils offer similar gardens; ask the cemetery office.
Private land
Needs the owner's permission; Auckland Council lists private property as prohibited unless the owner agrees.
Council parks and sports fields
Auckland Council prohibits scattering in its local parks, regional parks and sports fields. Other councils set their own rules.
Waterways and the ocean from land
Prohibited on Auckland Council land. Elsewhere, ask the council.
Conservation land
We could not confirm the Department of Conservation's rule from its website. Contact the local DOC office before you go.
At sea
See the sea section below.
We found a published list for Auckland only. Treat the table as a starting point for questions, not as a nationwide list.
Māori protocols and sacred places
Auckland Council tells families to respect cultural practices and beliefs, both their own and those of the local community, and to avoid places that are sacred or hold special significance. Its prohibited list includes maunga (volcanic cones) and areas used for food cultivation and gathering, which are considered wāhi tapu (sacred) to Māori. It says dispersing ashes in waterways is considered culturally inappropriate for Māori. The Funeral Directors Association (FDANZ) gives the same caution: be careful that the area you choose is not close to traditional Māori food-gathering grounds (FDANZ: Burial or cremation).
The sources we checked do not explain tapu and noa in detail, so we do not. If you are unsure about a place, ask local iwi, hapū or the marae, or your funeral director, before you scatter. Our tangihanga guide covers the funeral customs that often come first.
At sea
FDANZ says some families like to scatter ashes in a family plot or memorial garden, at sea, or in a favourite place. A formal burial at sea is different: it can take place only at specially designated locations off the New Zealand coastline, in a special casket, and a funeral director arranges it. We found no published list of those locations or a named approving body, and our burial at sea guide sets out what is and is not sourced. If you simply want to scatter ashes from a boat, remember that Auckland Council treats oceans as prohibited on its land, and many families ask local iwi first.
How to check and arrange a scattering
Decide who has the authority. Community Law says the executor, or the person lawfully in control of the body, is entitled to make the final decision about the body, and agreeing the plan with the family and, where relevant, whānau first avoids disputes (Community Law). Agree the plan with the family first.
Choose a place and find out who controls it. A private owner, the council, DOC or another agency.
Ask in writing. For an Auckland Council cemetery you complete an application for ash burial or scattering of ashes and send it to the relevant cemetery team ([email protected]) or hand it in at the cemetery office.
Ask about culture. Check with local iwi or hapū if the place is near water, a food-gathering area or a significant site.
Plan the day. Auckland Council advises caution about wind, because ashes are very fine. It also asks that only small amounts of flowers or leaves go in water, that paper, plastic, cloth, wire or string are taken home, and that food is not left in open spaces.
Some families split the ashes and place a portion in one place and the rest somewhere else (FDANZ). If you plan to take ashes overseas, FDANZ says they can go as hand luggage with the right documents, and that NZ Post does not accept ashes from the public.
The cost of a cremation and a memorial place is a separate question from where ashes go. For people who want to set money aside in advance, the funeral insurance hub compares the providers. Momentum Life Limited's Funeral Insurance is one: it has entry ages of 40 to 75 and no health questions. Only accidental death is paid in the first 24 months (premiums are refunded for any other death), the total premiums can exceed the benefit, and its A.M. Best rating is B (Fair), set out on its financial strength page. The buttons on this page lead to Momentum's own quote.
Adviser's view
You cannot scatter ashes anywhere you like in New Zealand. The Burial and Cremation Act sets no rules for scattering, so the answer comes from who controls the place: a private owner, a council or another agency. Waterways, food-gathering areas and sacred sites are the places most likely to be off-limits, so ask first and choose a cemetery garden if you want certainty.
Henry Smith, Financial Adviser (FSP1010699). General information, not personalised financial advice.