Urupā: Māori burial grounds, their meaning and the rules that apply
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An urupā is a Māori burial ground. In te reo Māori the word means a burial ground, cemetery or graveyard (Te Aka Māori Dictionary). In New Zealand law, a "Māori burial ground" is land set apart for burial under section 338 of Te Ture Whenua Māori Act 1993, and the Burial and Cremation Act 1964 mostly does not apply to it. Who may be buried there is not a public right: it depends on the order that created the reservation and on the people who look after it.
What an urupā is, in plain terms
Most New Zealanders think of a cemetery as a council-run place that sells burial plots to anyone who needs one. An urupā is a different kind of place. It belongs to a whānau, hapū or marae community, and the families who care for it decide how it is used. The Burial and Cremation Act defines a "cemetery" as land set apart "exclusively for the burial of the dead generally", and it separately defines a "Māori burial ground" (Burial and Cremation Act 1964, section 2). The two are different categories under the law.
The urupā is also part of the funeral itself. Te Ara describes the final day of a tangihanga as a service followed by burial at the urupā, where hands are washed at the entrance to remove tapu (Te Ara: Tangihanga, death customs). Customs differ between iwi and hapū, so treat any general description, including this one, as a starting point. For the full picture of the days around a death, see our tangihanga guide.
How an urupā differs from a council cemetery
| Urupā (Māori burial ground) | Council cemetery | |
|---|---|---|
| Legal definition | Land set apart for burial under section 338 of Te Ture Whenua Māori Act 1993, or an earlier equivalent | Land set apart exclusively for burial of the dead generally |
| Burial and Cremation Act 1964 | Does not apply, "except as is expressly provided" (section 3) | Applies |
| How it is created | By order of the Māori Land Court | By a local authority or other body under an Act |
| Who controls it | Whoever the court vests it in, usually trustees, under the terms the court sets (section 338(7) and (8)) | The cemetery's owner, usually the council, under the Act and its bylaws |
| Who may be buried | Set by the reservation order and the trustees; no public right | Generally open to anyone, subject to the council's rules and plot availability |
| Published fees | None found for this guide | Published each year |
Sources: Burial and Cremation Act 1964, sections 2 and 3; Te Ture Whenua Māori Act 1993, section 338.
The law behind it
Under section 338 of Te Ture Whenua Māori Act, the Māori Land Court can set apart Māori freehold land or general land as a Māori reservation for a listed purpose, and "burial ground" is one of them. The same section covers land that is a wāhi tapu. The reservation is held "for the common use or benefit of the owners or of Māori of the class or classes specified in the order". The court can vest the reservation in trustees and set out the terms of the trust (section 338(7) and (8)). Orders must be registered on the record of title, and no fee is payable for that registration (section 341A) (Te Ture Whenua Māori Act 1993, Part 17, version as at 1 October 2026).
Two further points matter for families.
- A wāhi tapu cannot be reserved for the whole country's use. Section 340 lets the court reserve some Māori reservations for the common use and benefit of the people of New Zealand, but only where the land is not a wāhi tapu, and only with the owners' views and the local authority's consent.
- The 1964 Act does not oblige a Māori burial ground to accept anyone. When it requires burial in a nearby cemetery or burial ground, it says this does not compel "the burial in a Maori burial ground of any body which would not otherwise be permitted to be buried therein" (section 46).
The definition covers land set apart under section 338 "or any corresponding former provision". The word urupā is also used in everyday speech, and we have not found a source that says every place called an urupā has this legal status. If it matters, for example before a purchase or a planning decision, ask the trustees or the Māori Land Court.
Who decides who is buried there
The statute does not list who is eligible. That is deliberate: it leaves the answer to the court order and the trustees. In practice you will need to talk to the people who look after the particular urupā. Useful questions are:
- Who are the trustees or kaitiaki, and how do we contact them?
- Is there room, and is there a section for the whānau concerned?
- What does the urupā ask of families, for example notice, who digs the grave, and what is done at the entrance?
- Is there any cost, and who is it paid to?
- What are the rules on headstones and unveiling?
Where a family is in disagreement about where someone should be buried, the executor has the final say on burial or cremation, and tikanga Māori must be taken into account. Community Law explains that if people disagree with the executor's decision they can apply to the Family Court, and that the court decides case by case (Community Law: Choosing an executor; Community Law: Tangihanga). Our guide on what an executor does covers the wider role.
Rules that apply on the ground
The 1964 Act says it does not apply to Māori burial grounds except where it expressly says so, and a few provisions do say so.
- Moving remains. It is unlawful to remove a body from "any cemetery, Maori burial ground, or other burial ground" without a licence from the Minister (section 51).
- Animals. Letting an animal enter a Māori burial ground contrary to regulations or bylaws, or without the permission of the "trustees or managers or person or persons having the control and management" of it, is an offence (section 57).
These are separate from tikanga, which is set by the community and varies by iwi and hapū. We have not found a published national list of urupā protocols, and we will not guess at one. Ask the whānau and follow what they tell you.
Registering the death itself is a separate legal step. Registration is free, and the person arranging the burial must notify the Registrar no later than 3 working days after the body is disposed of (govt.nz: Registering a death). A funeral director usually does this; see registering a death.
What it costs
We did not find a published fee schedule for urupā burial, and costs will differ from one to the next. Do not assume an urupā is free or that it is expensive; ask the trustees. For comparison, council plots are priced publicly. FDANZ's 2026 report puts the 2025 average council burial at $4,865 on a 15-council sample, from $1,455 in Taupō to $7,207 in New Plymouth (FDANZ, 2026 New Zealand Funeral Industry Trends Report). Burials in 2025 were 25% of the total, and that figure counts council ground, urupā and private cemeteries together, so it does not show the urupā share.
Other costs around the burial are separate from the ground itself:
- Funeral director fees and transport. FDANZ lists a professional services fee of $3,000 to $6,500 and a casket from $1,200 to $5,000 (indicative, as at July 2025) (FDANZ: Financial matters).
- Food. Work and Income names kai for a tangihanga as a reasonable Funeral Grant expense (Work and Income: Funeral Grant).
- Headstone. Council cemeteries charge for a permit, for example $87 at Christchurch City Council for 2026/27. We found no source on permits or rules for an urupā, so ask the trustees. Our headstone cost guide and the page on unveilings cover the usual process.
Help with the cost
The Work and Income Funeral Grant is up to $2,697.43 (as at 1 April 2026) and is tested on the estate and, for a partner or child, on income and assets. The Work and Income guidance counts tikanga costs for a tangihanga as potentially reasonable (Work and Income: Funeral Grant). ACC pays up to $8,236.40 towards funeral and memorial costs, but only where the death is from a covered injury (ACC: Financial support after death). Community Law also lists funding that may come from an iwi, a Māori land trust, Te Puni Kōkiri, or a marae (Community Law: Funeral and tangihanga costs). Our koha guide and tangihanga costs page add more on the practical side.
None of this changes the main point. If you are thinking about burial in an urupā, the first conversation is with the people who look after it, before the funeral director, before the headstone and before anyone books a date. The buttons on this page are for readers who want to look at funeral cover; they have no bearing on burial in an urupā.
Adviser's view
An urupā is not a public cemetery with a price list. Burial is arranged with the people who look after it, and the law leaves the rules to the court order that created it and to its trustees. If you are unsure whether you or your family can be buried in one, ask the trustees or the whānau who care for it before you plan anything else.
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Cite this page QuoteHub NZ (2026). Urupā: Māori Burial Grounds, Meaning and Rules. www.quotehub.co.nz/guides/when-someone-dies/urupa-guide-nz. Updated 2026-10-20.
References
- Burial and Cremation Act 1964 (sections 2, 3, 46, 51 and 57)
- Te Ture Whenua Māori Act 1993 (Part 17, sections 338 to 341A)
- Te Aka Māori Dictionary: urupā
- Te Ara: Tangihanga, death customs (archived copy read)
- Community Law: Tangihanga
- Community Law: Choosing an executor
- Community Law: Funeral and tangihanga costs
- govt.nz: Registering a death
- Work and Income: Funeral Grant
- ACC: Financial support after death
- FDANZ: 2026 New Zealand Funeral Industry Trends Report (PDF)
- FDANZ: Financial matters
- Christchurch City Council: Cemetery fees
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