Recommended Practice based on International Guidelines
A permit should be required to bury or cremate, or otherwise dispose of, a body. The law should require the reporting of death to the civil registrar before a permit to dispose of the body is issued, to incentivize death registrations. To enforce the requirement of death registration, funeral, burial and cremation services should be required to request proof of reporting of death or death certificate before proceeding with services.
Papua New Guinea
Legal Analysis
The Civil and Identity Registration Act does not require burial permits, but Section 51 requires a minister of religion who conducts a funeral service, or a person responsible for the disposal of human remains where there is no funeral service, to request proof of notification of death from the deceased’s next of kin - and, if there is no proof that the death has been notified, to report it to the Registrar-General within 21 days of the date of disposal. Such persons also have a duty to report all funeral services conducted and all remains disposed of to the Registrar-General, in the form, frequency and manner prescribed by the Registrar-General.
Furthermore, Section 21(1)-(2) of the Cemeteries Act requires the Provincial Administrator of the province or another officer authorized for the purpose by the relevant Minister to ensure that no burial occurs without a certificate from a medical practitioner showing that death was due to natural causes or an order for burial signed by a coroner; but consent is not conditioned on proof that the death has been registered. After the burial, the cemetery authority is required by Section 22(1)(b)(ii) of the Cemeteries Act to give notice of the burial to a civil registration officer.