Memorial Garden Terms & Conditions
TERMS & CONDITIONS
Licence To Occupy
1. LAMB & HAYWARD LIMITED (“Licensor” “We”, “Us”, “Lamb & Hayward”)
2.(“Licensee”, “You”, “Your”)
A. The Licensor is the owner of the
B. The Licensee wishes to place his or her human cremated remains in the Memorial Garden, or (if applicable) to place the cremated remains of other persons in the future, i.e. a spouse, partner or family member.
C.The Licensor has agreed to grant the Licence Rights to the Licensee on the terms and conditions of this Licence to Occupy.
IT IS AGREED
In this licence unless the context indicates otherwise:
“Interment (or interred)” means the placement of any human cremated remains in the earth areas, walls or other structures located in the Memorial Garden,
“Commencement Date” means the date of interment. “Term” means the term of this licence beginning on the Commencement Date and ending on the date which is no later than [80 years] in accordance with the Perpetuities Act 1964 or no later than the prescribed perpetuity period in such legislation or any amended or substitute legislation, or otherwise the end date or otherwise the date the Licence to Occupy is terminated in accordance with any other provision in this agreement,
“You” means the Licensee or their attorney(s) or their personal representatives if deceased at the relevant time.
“Memorial Garden” means the grounds, walls or other structures located in the designated Lamb & Hayward Memorial Garden at the Westpark Chapel site at 467 Wairakei Road, Burnside, Christchurch, the Wai-Mana site at Rangiora or any other place where such Memorial Garden and/or Interment may be located or reasonably accommodated by Lamb & Hayward.
“Licence Fee” means the total sum paid for Interment.
“Licence Rights” means the exclusive right to Interment at the Memorial Garden in the area or position marked or identified in the attached schedule or otherwise available at the time of Interment. The Licence Rights shall also extend to a right of access by your personal representative(s), attorney(s) or your family members or descendants as can be reasonably accommodated by us.
2.1 By signing this Licence to Occupy, you agree to the terms and conditions contained in this Licence to Occupy.
3. Commencement Date
3.1 The Term will commence on the Commencement Date and otherwise upon payment by you of the Licence Fee.
4. No Transfer of Rights
4.1 You will not pass on any of your rights or obligations under this Licence to Occupy to any other person without the prior written consent of Lamb & Hayward.
5. Term of Licence
5.1 The Licence Rights granted for the Interment under this Licence to Occupy are subject to the perpetuity period as defined in the Perpetuities Act 1964, and the Term cannot extend beyond the perpetuity period prescribed in such legislation (including any amended or substitute legislation).
6. Family Interment
6.1 If you have purchased the Licence Rights to place your and other family member(s) (including a spouse or partner) cremated remains in the Memorial Garden, then the terms and conditions of this Licence to Occupy will extend to and legally bind those family members together with their personal representatives, attorneys and descendants.
7. Cancellation and Disinterment
7.1 At any time prior to Interment, you may give Lamb & Hayward notice in writing to cancel the Licence to Occupy upon the following terms and conditions:
a. No cancellation will be effective until Lamb & Hayward has received cancellation in writing from you;
b. Upon receipt of your cancellation in writing, Lamb & Hayward will as soon as reasonably practicable refund the Licence Fee to you less any then applicable administration fee(s) as a result of the cancellation (being no less than $100.00 including GST).
7.2 Following Interment, any cancellation of the Licence to Occupy by your personal representatives or descendants during the remainder of the Term will be subject to the written agreement of Lamb & Hayward. In the event we agree to cancellation of the Licence to Occupy following Interment, then in addition to any administration fee(s) payable (being no less than $100.00 including GST) as a result of the cancellation, Lamb & Hayward, at its sole discretion, may also charge a disinterment fee (being no less than $500.00 including GST). Any refund of the remaining Licence Fee to be paid to the verified personal representative or descendants within 30 business days of Lamb & Hayward accepting the cancellation.
8. Maintenance and Relocation
8.1 Lamb & Hayward may, at its sole discretion, make any cosmetic, physical or structural additions or alterations to the Memorial Garden including (but not limited to) carrying out periodic maintenance, repairs, upkeep and improvements.
8.2 Following Interment, any requests by your personal representatives, family members or descendants to replace, repair, resurface or refurbish any plaque, memorial or other accessory located at or attached to the Memorial Garden may incur charges which will be payable in accordance with Lamb & Hayward’s then applicable list of charges.
8.3 Lamb & Hayward may, at any time during the Term, relocate any cremated remains interred at the Memorial Garden. Prior to Lamb & Hayward relocating any cremated remains, they will make all reasonable attempts to contact you or your personal representatives or family descendants to consult upon the process of relocating the cremated remains to a suitable replacement memorial for the remainder of the Term. Any relocation of the interred human remains or the Memorial Garden in such circumstances shall be completed at Lamb & Hayward’s sole risk and cost.
8.4 Following Interment or beforehand, any requests by you, your personal representatives, family members or descendants to relocate any cremated remains to another Memorial Garden or to upgrade to an alternative area of the Memorial Garden may incur charges which will be payable in accordance with Lamb & Hayward’s then applicable list of charges. In addition, any such request to relocate or upgrade shall be at Lamb & Hayward’s sole discretion.
8.5 Lamb & Hayward shall use reasonable endeavours to minimise any damage to the interred human remains during any relocation, but shall not be required to make good any loss or damage that may occur during the relocation.
9. No Authority to Remove
9.1 Unless the Licence to Occupy has been cancelled in accordance with the above terms and conditions, neither you or your personal representatives or descendants will have any right or authority to remove or relocate any cremated remains following Interment.
10. No Unauthorised Memorials or Accessories
10.1 No embellishments, accessories, plaques, memorials or other personal adornments (including, but not limited to, plantings, plastic or artificial flowers, vases or photographs) may be located at or attached to the Memorial Garden. This will be at the sole discretion of Lamb & Hayward.
10.2 Fresh flowers may be placed near the Memorial on special occasions (including, but not limited to, the anniversary date, birth date, Mother’s Day, Father’s Day, Christmas). At Lamb & Hayward’s discretion these flowers will be removed when no longer considered fresh. For the purpose of clarity – no vases or jars are permitted.
10.3 Any damage caused to the Memorial Garden may be the subject of civil action or complaint to the appropriate authorities, including the Police.
11. Access to the Memorial Garden
11.1 Any person having physical access to the Memorial Garden will be subject to Lamb & Hayward’s then applicable code of conduct which may be viewed on its website at any time or provided upon request.
12.1 You authorise Lamb & Hayward to collect, retain, use and disclose any personal information about you, for the purposes of assessing your credit worthiness, granting the Licence Rights, and enforcing any rights under this Licence to Occupy.
12.2 During the Term, Lamb & Hayward may use photographs or images of the Memorial Garden to advertise and publicize the Memorial Garden and whether in print or other media (including, but not limited to, television, cinema, digital, internet, social media). Lamb & Hayward will use reasonable endeavours to remove any of your personal identifying details from any such print or media.
12.3 Lamb & Hayward will prepare and maintain a directory of names of persons whose cremated remains are interred at the Memorial Gardens, including your name. You agree and acknowledge that such list will not be private and the details will be accessible by the public.
13. Responsibility for Loss or Damage
13.1 Except in the case of Lamb & Hayward’s wilful misconduct or negligence, Lamb & Hayward Limited is not responsible for or liable to you for:
a. Any loss or damage caused or sustained in any way to the Memorial Garden, and
b. The theft or loss of the interred human cremated remains or any other personal items or adornments attached to or located at the Memorial Garden which have been authorised by Lamb & Hayward in accordance with clause 10 above.
14. Lamb & Hayward’s Obligations
14.1 During the Term, Lamb & Hayward agrees to:
a. Maintain and upkeep the Memorial Garden;
b. Carry out any necessary repairs or improvements (at its sole discretion) to the landscaping, buildings or structures in or around the Memorial Garden;
c. Not unreasonably interfere with any of your family members or descendants having access to the Memorial Gardens. Any access to the Memorial Gardens will be subject to Lamb & Hayward’s then applicable code of conduct in accordance with clause 11 above;
d. Maintain adequate insurance to cover risks to the Memorial Garden including, but not limited to, ire, theft and natural disaster (including earthquake). The extent and maintenance of any such insurance cover to be at the sole discretion of Lamb & Hayward.
If you have a complaint, we would like to hear from you.
How to contact us
By phone on 0800 99 22 00.
Between 8:00am and 5:00pm, Monday to Friday
Or write to us:
The Funeral Services Manager
Lamb & Hayward
PO Box 39001, Christchurch 8545
What is our complaints process?
Once we have received your complaint, we will contact you within three working days.
We will always take the time to understand your complaint and resolve your complaint by doing our best to put it right.
We endorse and recognise all rights of the consumer under the Consumer Guarantees Act 1993.
If you’re not satisfied
As a member of the Funeral Directors Assn of NZ we adhere to their code of conduct. You may contact them
Funeral Directors Association of NZ
PO Box 25148
(04) 473 7475