Water Cremation & Eco Burials: Are Your Funeral Wishes Legally Binding?
When preparing a Will, many New Zealanders include specific wishes about what should happen to their body after death. While these usually relate to traditional burial or cremation, we are seeing a significant shift towards more personal, environmentally conscious requests.
From "Water Cremation" to eco-burials, the options for saying goodbye are changing. But before you update your Will, it is crucial to understand: Are these wishes actually legally binding?
The Rise of "Eco-Funerals" in New Zealand
Over time, funeral wishes have evolved from simple instructions into reflections of identity, values, and a sense of place.
In recent years, we have seen a gradual shift towards practices perceived as simpler or more sustainable. Common examples in Canterbury include:
- Eco-burials: Using biodegradable caskets in designated natural cemeteries.
- Medical Donation: Donating the body to medical science (often followed by cremation).
- Memorial Trees: Returning ashes to nature to support new growth.
What is Water Cremation? (Alkaline Hydrolysis)
One option attracting increasing attention is alkaline hydrolysis, commonly known as "water cremation."
This process uses water, heat, and an alkaline solution to accelerate natural decomposition. It leaves behind bone material that is returned to the family, similar to the ashes from a traditional flame cremation. It is widely promoted as a gentle, environmentally sustainable alternative that produces significantly fewer carbon emissions.
Now Available in Christchurch
As of June 2025, water cremation is officially available in New Zealand. The first facility has opened right here in Christchurch, operated by Water Cremation Aotearoa in partnership with Bell, Lamb & Trotter.
While this is a significant development for the city, availability is still limited. Practical or regulatory issues may still arise as the industry adapts.
For this reason, if you want to choose water cremation, your Will should frame it as a preference, ideally accompanied by a clear "Plan B" (such as standard cremation) if the service is unavailable at the time.

The Legal Reality: Are Funeral Wishes Binding?
This is the most common question we get from clients updating their Wills.
In New Zealand, burial and cremation wishes expressed in a Will are generally not legally binding in the same way as gifts of property or the appointment of guardians.
The Role of the Executor Your Executor is the person legally responsible for the disposal of the body. While they are expected to take your wishes into account, they are not required to follow them strictly if doing so would be:
- Unlawful
- Impractical
- Unreasonable
- Financially impossible
Importantly, an executor is not personally liable simply because a specific wish cannot be carried out. These clauses are best understood as "Expressions of Guidance" rather than enforceable contracts.
Why Flexibility Matters
The importance of this legal flexibility was clearly illustrated during the COVID-19 restrictions, when traditional funerals were temporarily prohibited. An executor faced with a strictly binding direction would have been placed in an impossible position—forced to choose between breaking the law or breaching the Will.
Similar issues arise with very specific requests, such as scattering ashes in overseas locations that may no longer allow it, or requesting methods of disposition that aren't yet available in your region.
Best Practice: How to Draft Your Will
If you have strong feelings about water cremation or eco-burials, you should absolutely record them. However, to ensure your Will remains workable, we recommend:
- State it clearly: "It is my wish/preference that..."
- Allow flexibility: Give your executor the power to make necessary decisions if circumstances change.
- Include a fallback: "If water cremation is not available, I direct that..."
Final Thoughts
Burial and cremation wishes are deeply personal. Recording them in your Will is the best way to ensure your family understands your values. However, understanding the legal effect of those wishes ensures your Will remains respectful to both your intentions and your executor’s difficult role.
Do you need to update your Will to include water cremation or specific funeral instructions? Contact the Estates Team at Weston Ward & Lascelles today.
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