Coroners Act 2006

1: Title
This Act is the Coroners Act 2006.
2: Commencement
1: Sections 1 to 3 141 142 Schedules 1 2
2: The rest of this Act comes into force on 1 July 2007.
1: General provisions
3: Purpose of this Act
1: The purpose of this Act is to help to prevent deaths and to promote justice through—
a: investigations, and the identification of the causes and circumstances, of sudden or unexplained deaths, or deaths in special circumstances; and
b: the making of recommendations or comments that, if drawn to public attention, may reduce the chances of further deaths occurring in circumstances similar to those in which the deaths occurred.
2: To help to achieve its purpose, this Act—
a: identifies deaths that must be reported to a coroner and the process for reporting and investigating those deaths:
b: recognises both—
i: the cultural and spiritual needs of family of, and of others who were in a close relationship to, a person who has died; and
ii: the public good associated with a proper and timely understanding of the causes and circumstances of deaths:
c: provides for an independent coronial system for investigations of deaths by coroners liaising with other authorities permitted or required by law to investigate those deaths:
d: repeals and replaces the Coroners Act 1988 2006-08-30 Coroners Act 1988 Section 3(1)﻿(b) replaced 21 July 2016 section 4 Coroners Amendment Act 2016
4: Coroner's role
1: A coroner's role in relation to a death is—
a: to receive a report of the death from the New Zealand Police; and
b: to decide whether to direct a post-mortem and, if one is directed, to determine whether to authorise certain people (other than the pathologist) to attend; and
c: to authorise the release of the body (including determining, if a post-mortem has been directed, whether the pathologist wishes and is permitted, on the release of the body, to retain body parts or bodily samples); and
d: to decide whether to open an inquiry (and, if one is to be conducted, whether an inquest should be held); and
e: if an inquiry is to be opened and conducted,—
i: to open and conduct it for the 3 purposes stated in subsection (2) (and in section 57
ii: to determine related matters such as whether to prohibit the making public of evidence and whether to authorise the making public of certain particulars of deaths suspected or found to be self-inflicted deaths; and
iii: on completing it, to complete and sign a certificate of findings in relation to the death; and
f: to give members and representatives of the immediate family of the person who is, or of a person who is suspected to be, the dead person concerned, and certain others, notice of significant matters in the carrying out of the duties and processes required by law to be performed or followed in relation to the death.
2: The 3 purposes referred to in subsection (1)﻿(e)﻿(i) are—
a: to establish, so far as possible,—
i: that a person has died; and
ii: the person's identity; and
iii: when and where the person died; and
iv: the causes of the death; and
v: the circumstances of the death; and
b: to make recommendations or comments under section 57A
c: to determine whether the public interest would be served by the death being investigated by other investigating authorities in the performance or exercise of their functions, powers, or duties, and to refer the death to them if satisfied that the public interest would be served by their investigating it in the performance or exercise of their functions, powers, or duties.
3: This section is only a general guide to a coroner's role. Section 4(2)﻿(b) amended 21 July 2016 section 5 Coroners Amendment Act 2016
5: Coroners must perform their duties without delay
Every coroner must, so far as it is consistent with justice and practicable to do so, perform or exercise his or her functions, powers, and duties without delay.
6: Coroners must have regard to relevant practice notes
In performing or exercising a function, power, or duty, a coroner must have regard to any practice note issued by the chief coroner under section 132
7: Chief coroner's functions
1: The chief coroner's main function is to contribute to the integrity and effectiveness of the coronial system provided for by this Act by—
a: facilitating the orderly and efficient operation of the system; and
b: overseeing coroners' investigations by—
i: managing the workloads of coroners; and
ii: issuing practice notes; and
iii: monitoring the operation of the system; and
c: facilitating the provision to coroners of support services and cultural, legal, medical, or other specialist advice.
2: The chief coroner has the following additional functions (which support the chief coroner’s main function):
a: to establish, and to help maintain, relationships between coroners and other persons carrying out functions or duties within the coronial system:
b: to help to inform, and to achieve consistency in, coronial decision making and other coronial conduct (for example, by issuing practice notes):
c: to perform the functions of a Head of Bench under the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004
d: to help to avoid unnecessary duplication in investigations into deaths by liaising, and encouraging co-ordination (for example, through issuing practice notes or developing protocols), with other investigating authorities, official bodies, and statutory officers:
e: to set up and maintain a register, which must be publicly available, of coroners' recommendations and comments (or summaries of those recommendations and comments) made after the commencement of the Coroners Amendment Act 2016
f: to carry out any other function or task conferred or imposed by this Act or any other enactment. Section 7 replaced 21 July 2016 section 6 Coroners Amendment Act 2016
8: Overview of this Act
1: Part 1
2: Part 2
a: custody and removal of bodies:
b: interests of families and other relevant people or organisations:
c: release of bodies, and retention and return of body parts and bodily samples.
3: Part 3
a: holding of inquests, and completion of inquiries:
b: inquiries or further inquiries ordered by the Solicitor-General or the High Court.
4: Part 4
5: This section is only a guide to the general scheme and effect of this Act.
9: Interpretation
In this Act, unless the context otherwise requires,— approved form section 140B associate coroner section 104A bodily sample
a: means a sample or specimen (whether of a body part, or of any other thing that is in or on the body, or of both) taken from the body by a pathologist after the death of the person concerned; and so
b: includes a sample or specimen so taken of blood or tissue, urine or other bodily fluids, or contents of the stomach or bowel, and a sample or specimen so taken that is, or is part of, the following:
i: any thing that is, or is in or on, an item of clothing on the body:
ii: a weapon, or other foreign item or substance (for example, a surgical implant, including a cardiac pacemaker or other biomechanical aid), that is in or on the body body
a: includes a part of a person (whether or not the person's identity is known when the part is discovered or is later determined)—
i: without which no person can live; or
ii: discovered in such circumstances or such a state that it is probable that the person is dead; and
b: does not include a dead foetus or a stillborn child (as those terms are defined in section 4
c: for the purposes of an authorisation for release under section 42 section 48(2) body part
a: means any part of the body (whether separated from the body before, on, or after the death concerned); and so
b: includes a part so received or removed that is an organ, limb, hand, foot, or digit chief coroner section 105 section 105A 106
a: the deputy chief coroner:
b: the acting chief coroner coroner section 10 craft death Police employee death in official custody or care
a: a patient within the meaning of the Substance Addiction (Compulsory Assessment and Treatment) Act 2017
b: a child or young person who has been placed in a residence within the meaning of section 2(1) 364 Oranga Tamariki Act 1989
c: a child or young person who—
i: is in the custody or care of an iwi social service, a cultural social service, a residential disability care operator, or the director of a child and family support service pursuant to section 43 78 101 102 110 139 140 141 142 234 238 345 Oranga Tamariki Act 1989
ii: is in the charge of any person or organisation pursuant to section 362
d: a patient within the meaning of section 2(1)
e: a care recipient or proposed care recipient within the meaning of section 5(1)
f: a prisoner within the meaning of section 3(1)
g: a person in the custody of the New Zealand Police:
h: a person under the control of a security officer (as defined in section 3(1)
i: a resident within the meaning of section 3 dentist section 114(2) designated coroner section 133 doctor section 114(1)﻿(a) expert section 4(1) expert evidence section 4(1) health practitioner Health Practitioners Competence Assurance Act 2003 immediate family
a: means members of the dead person's family, whānau, or other culturally recognised family group, who—
i: were in a close relationship with the person; or
ii: had, in accordance with customs or traditions of the community of which the person was part, responsibility for, or an interest in, the person's welfare and best interests; and
b: to avoid doubt, includes persons whose relationship to the dead person is, or is through 1 or more relationships that are, that or those of—
i: spouse, civil union partner, or de facto partner of the dead person:
ii: child, parent, guardian, grandparent, brother, or sister of the dead person:
iii: stepchild, step-parent, stepbrother, or stepsister of the dead person inquest Part 3 inquiry Part 3 interested party
a: a person who is recognised under section 22
b: a member of the immediate family of the person who is, or is suspected to be, dead who has asked to be notified of matters, and has given the responsible coroner contact details for that purpose, because the member considers that the member’s interests are not represented by a representative recognised under section 22
c: a person whose conduct is, in the view of the responsible coroner, likely to be called into question during the course of any inquiry in relation to the death or suspected death; and
d: any other person or organisation that the responsible coroner considers has an interest in the death or suspected death (apart from any interest in common with the public) investigation
a: a post-mortem of the body concerned; and
b: an inquiry into the death; and
c: an inquest related to an inquiry into the death irrecoverable Justice section 2 marae medical procedure
a: means a medical, surgical, or dental treatment or operation, or any procedure of a similar kind; and
b: includes the administration of a medicine (as defined in section 3 Minister New Zealand
a: means the land and the waters enclosed by the outer limits of the territorial sea of New Zealand (as described in section 3
b: includes the Ross Dependency other investigating authority
a:
b: the Civil Aviation Authority of New Zealand established by section 72A
c: the Corporation as defined in section 39 Accident Compensation Act 2001
d: the Director or a Deputy Director or a district inspector as defined in section 2(1)
e: a district inspector as defined in section 5(1)
f: the Health and Disability Commissioner appointed under section 8
g: a food safety officer as defined in section 8(1)
h: a regulator as defined in section 16 section 163
i: the New Zealand Transport Agency established by section 93
j: a Medical Officer of Health under the Health Act 1956
k: the authority known as Maritime New Zealand continued by section 429
l: the Independent Police Conduct section 4 Independent Police Conduct
m: the Transport Accident Investigation Commission established by section 3
n: a Royal Commission, or a commission of inquiry appointed by an Order in Council made under the Commissions of Inquiry Act 1908
o: an inquiry to which section 6 overseas death
a: a New Zealand registered aircraft (as defined in section 2(1)
b: a New Zealand ship (as defined in section 2(1)
c: an aircraft or a ship of the Armed Forces (as defined in section 2(1) pathologist
a: means a doctor who is competent to perform post-mortems because his or her scope of practice (as defined in section 5(1)
b: in relation to a post-mortem directed under section 31 section 38(1)﻿(b) pathologist’s report section 31(6) post-mortem relief coroner section 104 Remuneration Authority section 4(1) responsible coroner
a: until a replacement coroner is appointed under section 133A(2)
i: the designated coroner to whom the death is reported under section 15(2)﻿(a)
ii: if the death is reported to another coroner under section 15(2)﻿(b) section 133A(1
b: on and after the date on which the chief coroner appoints a replacement coroner under section 133A(2) responsible department Secretary vehicle 1988 No 111 s 2 Section 9 approved form inserted 5 April 2023 section 4 Coroners Amendment Act 2023 Section 9 associate coroner inserted 5 April 2023 section 4 Coroners Amendment Act 2023 Section 9 body amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 9 chief coroner replaced 21 July 2016 section 7(1) Coroners Amendment Act 2016 Section 9 death amended 21 July 2016 section 7(2) Coroners Amendment Act 2016 Section 9 death in official custody or care replaced 21 July 2016 section 7(3) Coroners Amendment Act 2016 Section 9 death in official custody or care replaced 21 February 2018 section 122(1) Substance Addiction (Compulsory Assessment and Treatment) Act 2017 Section 9 death in official custody or care amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 9 death in official custody or care amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 9 dentist inserted 21 July 2016 section 7(6) Coroners Amendment Act 2016 Section 9 designated coroner replaced 21 July 2016 section 7(4) Coroners Amendment Act 2016 Section 9 expert inserted 21 July 2016 section 7(6) Coroners Amendment Act 2016 Section 9 expert evidence inserted 21 July 2016 section 7(6) Coroners Amendment Act 2016 Section 9 health practitioner inserted 21 July 2016 section 7(6) Coroners Amendment Act 2016 Section 9 interested party inserted 21 July 2016 section 7(6) Coroners Amendment Act 2016 Section 9 Justice inserted 21 July 2016 section 7(6) Coroners Amendment Act 2016 Section 9 listed pathologist repealed 21 July 2016 section 7(7) Coroners Amendment Act 2016 Section 9 medical procedure inserted 21 July 2016 section 7(6) Coroners Amendment Act 2016 Section 9 other investigating authority repealed 1 July 2023 section 41 Children and Young People's Commission Act 2022 Section 9 other investigating authority amended 21 July 2016 section 7(5) Coroners Amendment Act 2016 Section 9 other investigating authority replaced 1 March 2016 section 447 Food Act 2014 Section 9 other investigating authority replaced 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 9 other investigating authority amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 9 other investigating authority amended 29 November 2007 section 26 Independent Police Conduct Authority Amendment Act 2007 Section 9 other investigating authority inserted 27 August 2013 section 39 Inquiries Act 2013 Section 9 overseas death inserted 21 July 2016 section 7(6) Coroners Amendment Act 2016 Section 9 pathologist’s report inserted 21 July 2016 section 7(6) Coroners Amendment Act 2016 Section 9 responsible coroner inserted 21 July 2016 section 7(6) Coroners Amendment Act 2016 Section 9 specified recommendations or comments repealed 21 July 2016 section 7(7) Coroners Amendment Act 2016
10: Coroner defined
1: In this Act, coroner section 103
a: the chief coroner; and
ab: the deputy chief coroner; and
b: a person who (under section 22(a)
c: a relief coroner.
2: In the following sections, coroner
a: section 105(2)
ab: section 105A(1)
b: section 106
c:
d: sections 105(5) 110(4)
e: section 112
3: In the following sections, coroner section 109(2)﻿(a) section 22(a)
a: section 108
b: section 109
c: section 110
d: section 112
e: section 114
4: In the following sections, coroner
a: section 7
b: section 104
c:
d: section 109 Section 10(1)﻿(ab) inserted 8 September 2018 section 27(1) Statutes Amendment Act 2018 Section 10(1)﻿(b) amended 1 March 2017 section 261 District Court Act 2016 Section 10(2)﻿(ab) inserted 8 September 2018 section 27(2) Statutes Amendment Act 2018 Section 10(2)﻿(c) repealed 21 July 2016 section 8 Coroners Amendment Act 2016 Section 10(3) amended 1 March 2017 section 261 District Court Act 2016 Section 10(4)﻿(c) repealed 21 July 2016 section 8 Coroners Amendment Act 2016
11: Application of Act to deaths of members of visiting forces
This Act is subject to section 19 1988 No 111 s 3A
11A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 Section 11A inserted 5 April 2023 section 32 Coroners Amendment Act 2023
12: Act binds the Crown
This Act binds the Crown.
12A: Transitional and savings provisions relating to amendments to this Act
Section 12A repealed 5 April 2023 section 33 Coroners Amendment Act 2023
2: Deaths to be reported and post-mortems
Reporting of deaths
13: Duty to report deaths
1: A person who finds a body in New Zealand must report the finding to a Police employee as soon as practicable unless the person believes that the finding is already known to the New Zealand Police, or will be reported to a Police employee by another person.
2: A person who learns of a death of a kind described in section 14
2A: However, subsections (1) and (2) do not apply in any case in which the death was a result of assisted dying under the End of Life Choice Act 2019
3: Any person may, but is not required to, report an overseas death to a Police employee if—
a: the person is concerned that overseas authorities have not established the cause and circumstances of the death, or there is doubt about the accuracy of any conclusion reached by an overseas authority; and
b: the body of the dead person is in New Zealand. Section 13 replaced 21 July 2016 section 10 Coroners Amendment Act 2016 Section 13(2A) inserted 6 November 2021 section 41 End of Life Choice Act 2019
14: Deaths that must be reported under section 13(2)
1: A death of a kind described in subsection (2) must be reported under section 13(2)
a: a New Zealand registered aircraft (as defined in section 2(1)
b: a New Zealand ship (as defined in section 2(1)
c: an aircraft or a ship of the Armed Forces (as defined in section 2(1)
2: The kinds of deaths referred to in subsection (1) are—
a: a death that appears to have been without known cause, or self-inflicted, unnatural, or violent:
b: a death—
i: that occurred during, or appears to have been the result of, a medical procedure; and
ii: that was medically unexpected:
c: a death—
i: that occurred while the person concerned was affected by an anaesthetic; and
ii: that was medically unexpected:
d: the death of a woman that occurred while the woman was giving birth, or that appears to have been a result of the woman being pregnant or giving birth:
e: a death in official custody or care:
f: a death in relation to which no doctor has given a doctor's certificate (as defined in section 2(1)
3: For the purposes of subsection (2)﻿(b) and (c), a death is medically unexpected
a: was competent to carry out the procedure, or administer the anaesthetic, in question; and
b: had knowledge of the dead person’s medical condition before the procedure began. Section 14 replaced 21 July 2016 section 10 Coroners Amendment Act 2016
15: Reporting of deaths to coroner by Police
1: This subsection applies to a Police employee—
a: who finds a body in New Zealand; or
b: to whom a report of a death is made under section 13
2: A Police employee to whom subsection (1) applies must, unless excused from doing so by subsection (3), cause the death concerned to be reported immediately—
a: to the appropriate designated coroner; or
b: if there is no designated coroner, or if that coroner is unavailable, to another coroner.
3: A Police employee is not required by subsection (2) to cause a death to be reported if he or she believes that the death is already known to, or will be reported by another Police employee to, a coroner.
4: A coroner (other than the chief coroner) to whom a finding or death is reported under subsection (2)﻿(b) must report it to the chief coroner as soon as practicable. Section 15 replaced 21 July 2016 section 11 Coroners Amendment Act 2016
16: Responsible coroner
1: The responsible coroner must perform every part of the coroner's role in relation to a death.
2: However, a duty coroner may from time to time perform or exercise the functions, powers, and duties of the responsible coroner, including (without limitation) deciding not to open an inquiry into a death.
3: In this section, duty coroner
a: would ordinarily be performed or exercised by a responsible coroner; but
b: in the circumstances, is more appropriately performed or exercised by a coroner who is immediately available. Section 16 replaced 21 July 2016 section 12 Coroners Amendment Act 2016 Section 16(2) replaced 5 April 2023 section 5 Coroners Amendment Act 2023
17: Investigations by police
1: If a death has been reported to a coroner under section 15
a: necessary to help to achieve the purpose of this Act in relation to the death; or
b: directed by the responsible
1A: In making a direction under subsection (1)﻿(b), the responsible coroner must have regard to the principles set out in section 8
1B: If the Commissioner considers that a coroner’s direction under subsection (1)﻿(b) is unreasonable or unnecessary, the Commissioner may refer the direction to the chief coroner.
1C: If a referral is made under subsection (1B), the Commissioner and the chief coroner must, by agreement, confirm, revoke, or vary the direction.
2: This section does not limit section 115 1988 No 111 s 5(6) Section 17(1)﻿(b) amended 21 July 2016 section 13(1) Coroners Amendment Act 2016 Section 17(1A) inserted 21 July 2016 section 13(2) Coroners Amendment Act 2016 Section 17(1B) inserted 21 July 2016 section 13(2) Coroners Amendment Act 2016 Section 17(1C) inserted 21 July 2016 section 13(2) Coroners Amendment Act 2016 Custody and removal of bodies
18: When New Zealand Police has exclusive right to custody of body
1: The New Zealand Police has an exclusive right to custody of the body of a person—
a: from the time when a Police employee first suspects on reasonable grounds that a death to which section 13(2)
b: until—
i: the death is reported to the designated coroner under section 15(2)﻿(a)
ii: if the death is reported to another coroner under section 15(2)﻿(b) section 133A(1)
2: Despite subsection (1)﻿(b), the New Zealand Police must ensure that the death is reported to the designated coroner, or another coroner, as soon as practicable.
3: Nothing in this section affects when the exclusive right can be and is exercised by or on behalf of the New Zealand Police, or prevents the New Zealand Police from exercising on behalf of the responsible coroner his or her right under section 19 Section 18 replaced 21 July 2016 section 14 Coroners Amendment Act 2016
19: When responsible coroner has exclusive right to custody of body
The responsible coroner has an exclusive right to custody of the body of a person—
a: from the time when—
i: the death of the person is reported to him or her (as the designated coroner) under section 15(2)﻿(a)
ii: he or she is appointed as the responsible coroner in relation to the death under section 133A
b: until—
i: he or she authorises the release of the body under section 42
ii: another coroner is appointed as the responsible coroner in relation to the death under section 133A(2) or (3) Section 19 replaced 21 July 2016 section 15 Coroners Amendment Act 2016
19A: Police responsible for co-ordinating extraction of body
1: This section applies to a body if—
a: the responsible coroner has an exclusive right to custody of the body; and
b: the body is in a location from which it can be extracted only with extraordinary effort or the use of special resources.
2: The New Zealand Police is responsible, on behalf of the coroner, for co-ordinating the extraction of the body from that location. Section 19A inserted 21 July 2016 section 15 Coroners Amendment Act 2016
20: Directions about removal of body
For the purposes of a post-mortem of a body directed under section 31 1988 No 111 s 13(1)
21: Coroner not required to view body
A coroner is not required to view any body. 1988 No 111 s 24(2) Preliminary inspections Heading inserted 21 July 2016 section 16 Coroners Amendment Act 2016
21A: Coroner may direct preliminary inspection
1: A coroner may direct a pathologist to perform a preliminary inspection of a body.
2: The purpose of a preliminary inspection is to enable the pathologist to advise the coroner about whether to direct a post-mortem under section 31
3: The pathologist may use medical imaging as part of a preliminary inspection if access to medical imaging technology is readily available.
4: Nothing in this section limits the coroner’s power to direct a post-mortem under section 31
5: In this section,— medical imaging preliminary inspection
a: an external visual examination:
b: the use of medical imaging. Section 21A inserted 21 July 2016 section 16 Coroners Amendment Act 2016
21B: Preliminary inspection must include taking of swabs in certain circumstances relating to COVID-19
2022-11-20 Coroners Act 2006 Section 21B is repealed by subsection (3) 30 days after notice expires or is revoked; currently 20 October 2022 after being renewed by Epidemic Preparedness (COVID-19) Notice 2020 Renewal Notice (No 3) 2022 (https://gazette.govt.nz/notice/id/2022-sl3849) (can be further renewed under section 7 of Epidemic Preparedness Act 2006). Section 21B repealed 20 November 2022 Interests of families and other relevant people or organisations
22: Representative for liaison with immediate family
1:
2: To facilitate effective liaison with the immediate family on the duties and processes required by law to be performed or followed in relation to the death, the coroner may, on a request by, or on behalf of, the immediate family, recognise and, after recognition, liaise mainly with, 1 or more representatives of the immediate family.
3: The coroner may recognise under this section only the smallest number of representatives necessary to represent fairly the interests of all the different members of the immediate family.
4: No recognition under this section is effective until the coroner is given a proposed representative's name and contact details.
5: Nothing in this section requires the performance or exercise of functions, powers, or duties in relation to the death to be delayed until a representative is recognised, or until his or her details are given to the coroner. Section 22(1) repealed 21 July 2016 section 17 Coroners Amendment Act 2016
23: Coroner must give interested parties notice of significant matters
1: The responsible coroner must take all reasonable steps to give interested parties notice, as soon as practicable, of significant matters that relate to the carrying out of the duties and processes required by law to be performed or followed in relation to a death.
2: A failure to comply with this section does not affect the validity of any action taken by or on behalf of the coroner. 1988 No 111 s 11(1), (3) Section 23 replaced 21 July 2016 section 18 Coroners Amendment Act 2016
24: Significant matters referred to in section 23(1)
1: The significant matters referred to in section 23(1)
a: a direction by the coroner that a post-mortem of the body concerned be performed; and
b: the coroner's reasons for directing that a post-mortem be performed; and
c: the fact that a copy of the pathologist's report on a post-mortem can be obtained under section 27 29
d: the opening of an inquiry; and
e: the date, time, and place fixed for an inquest; and
f: the completion of an inquiry.
2: For representatives recognised under section 22
a: the right to object to a proposed post-mortem if, under section 33
b: the receipt or removal of a body part, or the taking of a bodily sample, under section 47
c: the retention of a body part or bodily sample under section 48(2)﻿(a) or (b) section 50(4) Section 24 replaced 21 July 2016 section 18 Coroners Amendment Act 2016
25: Viewing, touching, or remaining with or near body in coroner's custody
1: This section applies to a body if—
a: the responsible coroner's exclusive right to custody of the body, under section 19
b: 1 or more people to whom subsection (2) applies wish to view, touch, or remain with or near the body.
2: This subsection applies to the following people:
a: members of the immediate family of the person who is, or of a person who is suspected to be, the dead person concerned:
b: representatives (whether recognised under section 22
c: people chosen by that immediate family and who are, or are performing functions analogous to, ministers of religion or other people providing religious or spiritual advice, benefit, or comfort.
3: One or more people to whom subsection (2) applies may view, touch, or remain with or near the body, but only—
a: if authorised to do so by the coroner; and
b: in accordance with any conditions the coroner imposes. Section 25(1) replaced 21 July 2016 section 19 Coroners Amendment Act 2016
26: Matters to be taken into account under section 25(3)
1: The coroner must take into account the matters specified in subsection (2) in determining—
a: whether to authorise a person under section 25(3)
b: any conditions imposed under section 25(3)﻿(b)
2: The matters referred to in subsection (1) are—
a: any concerns the New Zealand Police or, if a post-mortem of the body has been directed under section 31
b: all risks of contamination of evidence if the death appears to have been, or may appear later to have been, a result of conduct that constitutes a criminal offence:
c: all risks to the security of the body:
d: whether suitable staff are available to supervise visitors to the mortuary or morgue where the body is kept:
e: all risks of visitors to that mortuary or morgue being contaminated, infected, or otherwise harmed by exposure to or contact with the body:
ea: the ethnic origins, social attitudes or customs, or spiritual beliefs of the person who is, or of a person who is suspected to be, the dead person, or of an immediate family member of that person, that customarily require viewing, touching, or remaining with or near the body (for example, the customary requirement that immediate family members be able to view, touch, or remain with or near the body according to tikanga Māori):
f: whether suitable rooms and facilities for family or whānau are available at that mortuary or morgue:
g: the need to ensure compliance with all applicable legal requirements relating to health and safety:
h: any other matters the coroner considers relevant. Section 26(2)﻿(ea) inserted 21 December 2018 section 4 Coroners (Access to Body of Dead Person) Amendment Act 2018
27: Family may request pathologist's report on post-mortem
1: The coroner must (without charge) give a member of a dead person's immediate family a copy of the pathologist's report
a: a coroner has, under section 31
b: the coroner has possession of the pathologist's report on the post-mortem; and
c: that family member has asked for a copy of the report; and
d: the copy of the report is not, and does not (because of alterations or deletions) contain in legible form, information that the coroner has been asked by the New Zealand Police to withhold in order to avoid prejudicing the prevention, detection, investigation, prosecution, and punishment of criminal offences relating to the death concerned or its circumstances.
1A: The coroner may, at the request of a member of the dead person's immediate family, authorise a pathologist to contact the family to explain, or answer questions in relation to, the pathologist's report.
2: A copy of the report (whether it is, or contains, information withheld under subsection (1)﻿(d), or not) may be requested, and made available, in accordance with section 29 1988 No 111 s 11(2) Section 27(1) amended 21 July 2016 section 20(1) Coroners Amendment Act 2016 Section 27(1)﻿(c) replaced 21 July 2016 section 20(2) Coroners Amendment Act 2016 Section 27(1A) inserted 21 July 2016 section 20(3) Coroners Amendment Act 2016
28: Any person may access specified certificates and notices
1: On a written request for the purpose made to the responsible department, any person may, without charge, during ordinary office hours inspect and, on payment of the charge (if any) fixed by an officer or employee of the responsible department under section 30
a: a notice under section 64
b: a notice under section 70(4)
c: a certificate under section 93
d: a certificate under section 94
2: A copy may be obtained under subsection (1) despite a prohibition under section 74 section 71 or 74
3: Subsections (1) and (2) apply to the following certificates and notices given to the Secretary under the Coroners Act 1988 sections 74 71 sections 25(2)﻿(b) 29
a: a notice under section 20(2)
b: a notice under section 28(7)
c: a certificate under section 31 1988 No 111 s 44(1), (5) Section 28(2) amended 21 July 2016 section 21 Coroners Amendment Act 2016
29: Access to other documents given to Secretary
1: On a written request for the purpose made to the responsible department, any person may, without charge, during ordinary office hours inspect and, on payment of the charge (if any) fixed by an officer or employee of the responsible department under section 30
a: is not a certificate or notice specified in section 28(1)
b: was given by a coroner to the Secretary under this Act.
2: The availability of documents requested under subsection (1) must be determined,—
a: in the case of a request made by the individual to whom the information concerned relates, in accordance with the Privacy Act 2020
b: in any other case, in accordance with the Official Information Act 1982
3: Nothing in this section authorises—
a: the publication of a document contrary to a prohibition under section 74
b: the publication of any information in contravention of section 71
4: Subsections (1) to (3) apply to the following (but, for the purposes of this subsection, the references in subsection (3) to sections 74 71 sections 25(2)﻿(b) 29
a: depositions transmitted to the Secretary under section 24(2) of the Coroners Act 1951
b: any document that is not a certificate or notice specified in section 28(3) Coroners Act 1988 1988 No 111 s 44(2)–(5) Section 29(2)﻿(a) amended 1 December 2020 section 217 Privacy Act 2020
30: Charges for copies under section 28 or 29
1: No charge may be fixed under this section for a request under section 28(1) 29(1)
2: This subsection applies to a request under section 28(1) 29(1)
3: An officer or employee of the responsible department must determine under this section what (if any) charge to fix for a request to which subsection (2) applies.
4: Any charge fixed must be reasonable and regard may be had—
a: to the cost of the labour and materials involved in making the information available; and
b: to any costs incurred pursuant to a request that the information be made available urgently.
5: The responsible department may require that the whole or part of any charge fixed be paid in advance. 1982 No 156 s 15(1A)–(3) 1993 No 28 s 35(1) Post-mortems
31: Coroner may direct post-mortem
1: A coroner may direct a pathologist to perform a post-mortem of a body—
a: for the purpose of enabling the coroner to decide whether to open an inquiry into the death concerned; or
b: if the coroner is to open, or has opened and not completed, an inquiry into the death concerned.
1A: Where more than 1 death appears to have occurred as a result of a single event or a series of related events, a coroner—
a: may direct 1 or more pathologists to perform post-mortems of any or all of the bodies (whether found before or after the direction is made) of people whose deaths appear to be a result of that event or series of events; and
b: may direct 1 or more dentists to attend any or all of those post-mortems.
2: If a coroner proposes to direct a post-mortem under this section, section 33 section 34(1)﻿(d)
3:
4: The pathologist must not be a doctor who, to the coroner's knowledge, was a doctor who attended the person concerned immediately before death.
5: If, in accordance with section 37
6: As soon as practicable after completing the post-mortem, the pathologist must give the coroner a written report on the results of the post-mortem. 1988 No 111 s 7 Section 31(1A) inserted 21 July 2016 section 22(1) Coroners Amendment Act 2016 Section 31(3) repealed 21 July 2016 section 22(2) Coroners Amendment Act 2016
32: Criteria for decision whether to direct post-mortem
In deciding whether to direct a post-mortem under section 31
a: the extent to which the matters required by this Act to be established by an inquiry—
i: are not already disclosed in respect of the death concerned by information available directly to the coroner or from information arising from investigations or examinations the coroner has made or caused to be made; but
ii: are likely to be disclosed by a post-mortem; and
b: whether the Director-General of Health has ordered or is likely to order a post-mortem of the body concerned under section 78
c: whether the death appears to have been unnatural or violent; and
d: if the death appears to have been unnatural or violent, whether it appears to have been due to the actions or inaction of other people; and
e: the existence and extent of any allegations, rumours, suspicions, or public concern about the cause of the death; and
f: the desirability of minimising the causing of distress to people who, by reason of their ethnic origins, social attitudes or customs, or spiritual beliefs, customarily require bodies to be available to family members as soon as possible after death; and
g: the desirability of minimising the causing of offence to people who, by reason of their ethnic origins, social attitudes or customs, or spiritual beliefs, find post-mortems of bodies offensive; and
h: the desire of any member of the immediate family of the person concerned that a post-mortem should be performed; and
i: any other matters the coroner thinks relevant. 1988 No 111 s 8
33: Right in some cases to object to post-mortem
1: This section applies to a post-mortem of a body that a coroner proposes to direct under section 31 section 37
2: Every member of the immediate family of the person who is, or of a person who is suspected to be, the dead person concerned has, in the situation specified in subsection (3), a right to object to the post-mortem.
3: The situation referred to in subsection (2) is that the coroner is, after having made all reasonable investigations, satisfied that, in the particular circumstances,—
a: the death concerned does not appear to have been, and is unlikely to appear later to have been, a result of conduct that constitutes a criminal offence; and
b: New Zealand's international legal obligations, and the laws of New Zealand, do not appear to require the post-mortem to be performed.
34: Procedure for objections under section 33
1: If a coroner determines that members of the immediate family have, under section 33
a: notice of that right must be given in accordance with section 23
b: any exercise of that right must be as soon as practicable and within 24 hours of the coroner's determination; and
c: that right is exercised by advising the coroner of the fact of and reasons for the objection to the post-mortem; and
d: the coroner cannot, if that right is exercised within that 24-hour period, direct under section 31 section 35(6)
2: If, 24 hours after the coroner determines that members of the immediate family have, under section 33
a: decide whether he or she still wishes to direct under section 31
b: advise the objectors accordingly.
3: The coroner may direct under section 31
4: In calculating the 48-hour period in subsection (3), hours count only if they are hours of working days.
5: An objection under subsection (3) is lodged by originating application in the manner provided by the High Court Rules 2016 Section 34(5) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 34(5) amended 18 October 2016 section 183(c) Senior Courts Act 2016
35: Procedure for objection in High Court
1: Judges of the High Court and employees of the Ministry of Justice must ensure an objection lodged in the High Court under section 34(3) objection
2: The Registrar must allocate a date for the hearing of the objection that is no later than 1 working day after the date on which the objection is lodged.
3: If the objection is lodged at a Registry of the High Court in a place where no High Court Judge is at that time available, the Registrar must ensure that the objection is dealt with in some other place within the time limit referred to in subsection (2); and any other Registrar or employee of the Ministry of Justice whose help is sought by the Registrar in whose Registry the application is filed has a corresponding obligation.
4: If subsection (3) applies, the Registrar must—
a: make any urgent enquiries necessary to determine where and by whom the objection can most conveniently and expeditiously be dealt with; and
b: forward the objection and any other relevant documents without delay to the Registrar at the place where the application is to be dealt with; and
c: without delay, inform every party to the proceeding of the action taken under this section.
5: Subsections (3) and (4) apply in substitution for any provision of the High Court Rules 2016
6: The High Court must either uphold the objection, or dismiss it by ordering that the coroner may direct under section 31 2001 No 31 ss 9 10 Section 35(5) amended 18 October 2016 section 183(c) Senior Courts Act 2016
36: Nature of post-mortem
1: A pathologist who is directed under section 31
1A: The pathologist may otherwise carry out the post-mortem as he or she thinks fit.
2: Before requiring only a lesser examination in the relevant direction under section 31
a: consult the New Zealand Police about any evidential matters that may make a full internal and external examination of the body necessary or desirable; and
b: consult the pathologist whom the coroner proposes to direct to perform in the examination about whether the lesser examination proposed would or may limit that pathologist's ability to determine the cause of death. Section 36(1) replaced 21 July 2016 section 23 Coroners Amendment Act 2016 Section 36(1A) inserted 21 July 2016 section 23 Coroners Amendment Act 2016
37: Post-mortem may be performed early in some cases
1: If satisfied that there is good reason to do so, a coroner may, under section 31
2: Good reason may exist for the purposes of subsection (1)—
a: because any delay would or may limit the pathologist's ability to determine the cause of death; or
b: because the person concerned is an infant; or
c: because people having the ethnic origins, social attitudes or customs, or spiritual beliefs of, or of a member of the immediate family of, the person concerned, customarily require bodies to be available to family members as soon as possible after death.
3: Subsection (2) does not limit subsection (1). 1988 No 111 s 9
38: Who may attend post-mortem
1: The following persons are the only persons who may attend a post-mortem of a body that a coroner has directed a pathologist to perform under section 31
a: the pathologist directed to perform the post-mortem, and the coroner who directed that pathologist to perform it:
b: another pathologist participating in, and helping with, the post-mortem, if authorised to attend by a coroner on an application for the purpose by or on behalf of the pathologist directed to perform the post-mortem:
c: a doctor who attended the person concerned before death:
d: a doctor, nurse, or funeral director attending as the representative of the family of the person who is, or of a person who is suspected to be, the dead person concerned, if authorised to attend by a coroner on an application for the purpose by or on behalf of that family:
e: a doctor attending as the representative of a person ( A
f: any other doctor, or person training to be a doctor, if authorised to attend (for training purposes, or for any other purposes specified) by a coroner on an application for the purpose by or on behalf of the pathologist directed to perform the post-mortem:
fa: a dentist, if authorised to attend by a coroner:
g: a Police employee:
h: any other person, if authorised to attend by a coroner.
2: No doctor, nurse, or funeral director is responsible for the conduct of, or may participate in otherwise than by observing, a post-mortem just because he or she attends the post-mortem as a representative in accordance with subsection (1)﻿(d) or (e). 1988 No 111 s 10(1), (3)–(5) Section 38(1)﻿(fa) inserted 21 July 2016 section 24(1) Coroners Amendment Act 2016 Section 38(1)﻿(g) replaced 21 July 2016 section 24(2) Coroners Amendment Act 2016
39: Definitions for section 38
In section 38 funeral director section 2(1) nurse section 114(1)﻿(a) 2000 No 94 s 4 Section 39 funeral director replaced 21 July 2016 section 25(1) Coroners Amendment Act 2016 Section 39 national qualification repealed 21 July 2016 section 25(1) Coroners Amendment Act 2016 Section 39 National Qualifications Framework repealed 21 July 2016 section 25(1) Coroners Amendment Act 2016 Section 39 Qualifications Authority repealed 21 July 2016 section 25(2) Coroners Amendment Act 2016
40: Coroner may require person's doctor to report
1: A coroner may, by written notice to a doctor who attended a person before death, require the doctor to give the coroner a written report (containing information specified in the notice) relating to the person.
2: The information specified in a notice under subsection (1) may include, without limitation, the dead person’s health information (as defined in section 22B 1988 No 111 s 10(2) Section 40(2) inserted 21 July 2016 section 26 Coroners Amendment Act 2016
41: High Court may order post-mortem in certain circumstances
1: The Solicitor-General may apply to the High Court for an order that a pathologist be directed under section 31
2: On an application under subsection (1), the High Court may order that a pathologist be directed under section 31
a: the performance of a post-mortem of the body is necessary or desirable for the purposes of this Act; and
b: the coroner who might have directed its performance has failed or refused to do so.
3: A pathologist must perform a post-mortem of a body if the pathologist is, in accordance with an order of the High Court under subsection (2), directed under section 31
4: Despite section 42(1)
a: the Solicitor-General may, for the purposes of the post-mortem concerned, give any directions he or she thinks fit relating to the removal of the body concerned; and
b: until the authorised post-mortem has been completed, no coroner may—
i: give any directions under section 20
ii: authorise the release of the body under section 42
5: The following sections apply to a direction under subsection (4)﻿(a) as if it were a direction by a coroner under section 20
a: sections 128 to 130
b: section 131
c: section 136
6: The following sections apply to a post-mortem ordered to be directed to be performed under this section as if the Solicitor-General were a coroner who had directed the pathologist concerned to perform it:
a: section 23 interested parties
b: section 37
c: sections 38 39
d: section 40
e: section 131 1988 No 111 s 39 Section 41(6)﻿(a) amended 21 July 2016 section 27 Coroners Amendment Act 2016 Release of bodies, and retention and return of body parts and bodily samples
42: Release of bodies
1: The responsible coroner section 43 44
2: The coroner may, if not prohibited from doing so by section 43 44
3: The coroner's authorisation must be—
a: given by written notice in an approved form
b: signed by the coroner.
4: A body whose release a coroner has authorised under this section may be released accordingly. 1988 No 111 ss 13(2) 14 Section 42(1) amended 21 July 2016 section 28 Coroners Amendment Act 2016 Section 42(3)﻿(a) amended 5 April 2023 section 6 Coroners Amendment Act 2023
43: Restriction on release if no post-mortem directed
1: A coroner who decides not to direct a pathologist to perform a post-mortem of a body under section 31 section 42 constable
2: Subsection (1) does not apply if a constable level of position 1988 No 111 s 13(3) Section 43(1) amended 21 July 2016 section 29 Coroners Amendment Act 2016 Section 43(2) amended 21 July 2016 section 29 Coroners Amendment Act 2016 Section 43(2) amended 1 October 2008 section 130(1) Policing Act 2008
44: Restriction on release if parts or samples to be retained
A coroner who directs a pathologist to perform a post-mortem of a body under section 31 section 48(2) section 42
45: Release of still-born children
A coroner may authorise the release of a child under section 42
a: the coroner directed a pathologist to perform a post-mortem of the child under section 31
b: the pathologist concluded, as a result of the post-mortem, that the child is a still-born child; and
c: the coroner therefore determines that the only jurisdiction he or she has to act further in respect of the child is to authorise the release of the child in accordance with this section.
46: Costs of transporting body moved for post-mortem, etc
1: This section applies to a body transported to another location in accordance with a coroner's direction, or for the purposes of a post-mortem directed under section 31
2: The responsible department
a: the costs of transporting the body back to its location when the direction was made or the post-mortem was directed; or
b: the costs of transporting the body to another location if, or only to the extent that, those costs do not exceed the costs referred to in paragraph (a).
3: This section does not prevent the responsible department Section 46(2) amended 21 July 2016 section 30 Coroners Amendment Act 2016 Section 46(3) amended 21 July 2016 section 30 Coroners Amendment Act 2016
47: Receipt, removal, and taking of parts and samples
1: A pathologist may, with no further authority than this section, receive or remove a body part, take a bodily sample, or both, if the pathologist believes on reasonable grounds that the receipt, removal, or taking concerned is necessary for the purposes of a post-mortem of a body directed by a coroner under section 31
2: A body part removed, or bodily sample taken, by a pathologist for the purposes of the post-mortem must be as small as possible for the kind of analysis or examination for which the part is removed or the sample is taken.
3: The number of body parts received or removed, bodily samples taken, or both, must be no greater than is necessary for the purposes of the post-mortem.
4: Nothing in this section prevents any other receipt, removal, or taking of a part or sample authorised by law.
48: Retention of parts and samples on release of body
1: This section applies to a body if—
a: a coroner has directed under section 31 section 42
b: the pathologist has removed a body part or taken a bodily sample, or has received a body part separately from other parts of the body concerned.
2: The pathologist is, when the body is released, permitted to retain the body part or bodily sample, but only if—
a: the part or sample is a minute one received, removed, or taken for microscopic analysis, or other analysis that requires only a minute part or sample, and is, in the pathologist's opinion, necessary for the purposes of the post-mortem; or
b: the retention is, in the pathologist's opinion, necessary for the purposes of the post-mortem, and is authorised by the coroner in accordance with section 49
c: the pathologist explained to the family members or other people to whom the body is to be released that the pathologist proposed to retain the part or sample for a specified purpose and none of those members or people objected to the pathologist's proposal.
3: The pathologist must notify the coroner if the pathologist retains, or intends to retain, a part or sample under subsection (2)﻿(a).
4: In this section, minute
5: A notice under subsection (4) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 48(3) inserted 21 July 2016 section 31 Coroners Amendment Act 2016 Section 48(4) inserted 21 July 2016 section 31 Coroners Amendment Act 2016 Section 48(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 48(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
49: Coroner's authorisation under section 48(2)﻿(b)
A coroner may authorise the retention of a body part or bodily sample under section 48(2)﻿(b)
a: the part or sample proposed to be retained; and
b: the reasons for, and likely duration of, the proposed retention.
50: Coroner must notify immediate family of retention, and of right to request return, of parts and samples
1: This section applies if, under section 48(2)﻿(a) or (b)
2: A responsible coroner must, before the release of the body, give notice of the intention to retain a part or sample if, due to the nature of the part or sample, the coroner considers that it is appropriate to give notice before the body is released.
3: Unless the coroner has given notice under subsection (2), the coroner must, on or immediately after the release of the body, give notice that a part or sample has been retained.
4: A notice under this section must be given to every representative of the immediate family recognised under section 22
a: identify in general terms the part or sample that the pathologist intends to retain, or has retained; and
b: advise that detailed information about the part or sample is available on request; and
c: explain the authority and reasons for the intention to retain, or for the retention of, the part or sample; and
d: indicate how long the pathologist expects the part or sample will need to be retained for those reasons; and
e: indicate (if known by the coroner) whether, and, if so, to what extent, the part or sample is likely to be destroyed in the course of being used for the purpose for which it is retained; and
f: advise that members of the immediate family have the right to request the return of the part or sample (to the extent that the part or sample has not been destroyed); and
g: indicate the date by which the return of any part or sample that has not been destroyed must be requested.
5: In considering whether to request the return of a part or sample, members of the dead person's immediate family may, with the coroner's approval, contact the pathologist for further information about the part or sample (including information about how the part or sample has been dealt with and how it may be dealt with if it is not returned).
6: A failure to comply with this section does not affect the validity of any action taken by or on behalf of the coroner. Section 50 replaced 21 July 2016 section 32 Coroners Amendment Act 2016
51: Pathologists proposing to retain parts or samples under section 48(2)﻿(c) must advise of right to request return
In ascertaining whether the family members or other people to whom the body is to be released object to a proposal under section 48(2)﻿(c)
a: have the right to request, under this section, the return (to the extent permitted by this Act) of the part or sample once it is no longer needed, and to the extent that it has not been destroyed in the course of use, for that purpose; and
b: may exercise that right at any time within 5 working days after having been advised of it.
52: Requests for return of retained parts and samples
1: This section applies to a request, under section 50 51
2: If the request is not expressly confined to 1 or more specified parts or samples, it must be treated as seeking the return of all parts and samples retained in relation to the body concerned.
3: The request need not describe specifically or technically the part or sample, but must be in writing and may, but need not, be in an approved form Section 52(3) amended 5 April 2023 section 7 Coroners Amendment Act 2023
53: Parts and samples whose retention is not permitted must generally be returned when body released
1: A pathologist who is not permitted by section 48
a: restore it, before the body is released, to the appropriate place in the body, if restoration of that kind is reasonably practicable; or
b: ensure it is, before the body is released, in some other way reunited appropriately with the body, if reunion of that kind is reasonably practicable but restoration of that kind is not; or
c: dispose of it as soon as is reasonably convenient after the release of the body, if neither restoration nor reunion of that kind is reasonably practicable.
2: This section is subject to section 54
54: Restrictions on return and disposal
1: A part or sample referred to in section 53 55
2: No part or sample referred to in section 53 55 56
a: the coroner has first confirmed in writing that the return or disposal (as the case requires) of the part or sample appears unlikely to prejudice the prevention, detection, investigation, prosecution, and punishment of criminal offences relating to the death concerned or its circumstances; and
b: the return or disposal is otherwise lawful.
55: Return on request of retained parts and samples
1: This section applies to a part or sample whose return is sought by a request under section 50 51
2: The part or sample must, to the extent that it has not been destroyed in the course of analysis conducted for the purpose for which it was retained, be returned to the makers of the request when—
a: the coroner, having conducted and completed an inquiry into the death, completes and signs a certificate of findings in accordance with section 94
b: the coroner notifies the Secretary, under section 64
3: However, the part or sample need not be returned, and may be used and disposed of under section 56
4: Subsection (3) overrides subsection (2).
5: This section is subject to section 54 Section 55(2) replaced 21 July 2016 section 34 Coroners Amendment Act 2016
56: Use and disposal of retained parts or samples whose return is not requested
1: This section applies to a part or sample retained under section 48(2)
a: no request for its return was made under section 50 51
b: a request of that kind was made but the part or sample may, under section 55(3)
2: The part or sample may, to the extent that it has not been destroyed in the course of analysis conducted for the purpose for which it was taken, and without further authority than this section, be retained and used by the pathologist for any or all of the following purposes:
a: analysis for the purposes of the post-mortem of the part or sample using techniques unavailable when it was performed:
b: any use that is necessary or desirable for auditing or evaluation of, or training for, coronial post-mortems.
3: Subsection (2) does not prevent other retention and use authorised by law.
4: The part or sample must be disposed of by the pathologist as soon as is reasonably convenient if the part or sample—
a: is not to be retained and used as provided in subsection (2); or
b: has been retained and used in that way, but is no longer required for a purpose in subsection (2).
5: This section is subject to section 54
3: Inquiries into causes and circumstances of deaths
Inquiries
57: Purposes of inquiries
1: A coroner opens and conducts an inquiry (including any related inquest) for the 3 purposes stated in this section, and not to determine civil, criminal, or disciplinary liability.
2: The first purpose is to establish, so far as possible,—
a: that a person has died; and
b: the person's identity; and
c: when and where the person died; and
d: the causes of the death; and
e: the circumstances of the death.
3: The second purpose is to make recommendations or comments ( see section 57A
4: The third purpose is to determine whether the public interest would be served by the death being investigated by other investigating authorities in the performance or exercise of their functions, powers, or duties, and to refer the death to them if satisfied that the public interest would be served by their investigating it in the performance or exercise of their functions, powers, or duties. 1988 No 111 s 15(1) Section 57(3) replaced 21 July 2016 section 35 Coroners Amendment Act 2016
57A: Recommendations or comments by coroners
1: A responsible coroner may make recommendations or comments in the course of, or as part of the findings of, an inquiry into a death.
2: Recommendations or comments may be made only for the purpose of reducing the chances of further deaths occurring in circumstances similar to those in which the death occurred.
3: Recommendations or comments must—
a: be clearly linked to the factors that contributed to the death to which the inquiry relates; and
b: be based on evidence considered during the inquiry; and
c: be accompanied by an explanation of how the recommendation or comment may, if drawn to public attention, reduce the chances of further deaths occurring in similar circumstances. Section 57A inserted 21 July 2016 section 36 Coroners Amendment Act 2016
57B: Coroner must consult certain persons or organisations on recommendations or comments
1: Before making a recommendation or comment under section 57A
a: notify the following persons or organisations of the proposed recommendation or comment:
i: any experts from whom the coroner has received evidence under section 76
ii: any other expert who the coroner considers has an interest in the inquiry; and
iii: any persons or organisations to whom the recommendation or comment is directed; and
b: give those persons or organisations 20 working days to comment on the proposed recommendation or comment.
2: The chief coroner must record any comments (or summaries of those comments) made by persons or organisations notified under subsection (1) in the register of recommendations and comments maintained under section 7(2)﻿(e)
3: To avoid doubt, the chief coroner may make the comments made by a person or organisation publicly available, via the register or otherwise, without the approval of that person or organisation. Section 57B inserted 21 July 2016 section 36 Coroners Amendment Act 2016
58: Adverse comments by coroners
1: A coroner may, in the course of, or as part of the findings of, an inquiry, comment on the conduct, in relation to the circumstances of the death concerned, of any person.
2: The coroner must not comment adversely on a dead person without—
a: indicating an intention to do so; and
b: adjourning the inquiry for at least 5 working days; and
c: notifying every member of the person's immediate family who during the adjournment requests the coroner to do so of the proposed comment; and
d: giving every such member a reasonable opportunity to be heard, either personally or by counsel, in relation to the proposed comment.
3: The coroner must not comment adversely on a living person, corporation sole, body corporate, or unincorporated body without—
a: taking all reasonable steps to notify the person, corporation, or body of the proposed comment; and
b: giving the person, corporation, or body a reasonable opportunity to be heard, either personally or by counsel, in relation to the proposed comment.
4: Notifications, or opportunities to be heard, required to be given to a body corporate or unincorporated body must be given to an officer or other representative of the body who is, or appears to be, authorised by the body for the purpose.
5: This section overrides sections 57 to 57B section 68 1988 No 111 s 15(2) Section 58(5) amended 21 July 2016 section 37 Coroners Amendment Act 2016
59: Jurisdiction of coroners to open inquiries
1: The responsible coroner in relation to a death may open an inquiry into the death if the death occurred, or is likely to have occurred, within the last 100 years and—
a: the body of the person concerned is in New Zealand; or
b: the coroner is satisfied that it is likely that the person concerned is dead and that—
i: the person's body is destroyed, irrecoverable, or lost; and
ii: the person was in New Zealand immediately before the person’s death; or
c: the body of the person concerned is not in New Zealand, or is destroyed, irrecoverable, or lost, and—
i: the death occurred on or from—
A: a New Zealand registered aircraft (as defined in section 2(1)
B: a New Zealand ship (as defined in section 2(1)
C: an aircraft or a ship of the Armed Forces (as defined in section 2(1)
ii: the death occurred outside New Zealand on or from an aircraft or a ship (other than an aircraft or ship referred to in subparagraph (i)) and the Solicitor-General has authorised the coroner to open an inquiry into the death.
2: This section is subject to section 59A section 59A(1) Section 59 replaced 21 July 2016 section 38 Coroners Amendment Act 2016
59A: Limits on coroners’ jurisdiction to open inquiries
1: A coroner must not open an inquiry into an overseas death unless the coroner is reasonably satisfied that—
a: overseas authorities have not established the cause and circumstances of the death, or there is doubt about the accuracy of any conclusion reached by an overseas authority; and
b: an inquiry under this Act is likely to identify the cause and circumstances of the death.
2: A coroner must not open an inquiry into a death if the coroner is satisfied that the death—
a: occurred while the dead person was a member of the Defence Force on operational service; and
b: arose from hostilities in which the Defence Force or an allied force was engaged.
3: A coroner must adjourn an inquiry if, during the course of the inquiry, the coroner determines that the death to which the inquiry relates is likely to have occurred in the circumstances described in subsection (2).
4: Subsections (2) and (3) apply unless the Attorney-General directs the coroner to carry out an investigation, or to resume an inquiry, into the cause and circumstances of the death.
5: Before the Attorney-General directs a coroner to carry out an investigation, or to resume an inquiry, the Attorney-General must, without limitation, consider—
a: whether the investigation or inquiry is likely to identify the cause and circumstances of the death; and
b: whether the investigation or inquiry could reveal information that may prejudice the security or defence of New Zealand; and
c: whether the investigation or inquiry is likely to examine military tactics; and
d: whether a court of inquiry has been, or will be, assembled under section 200A
6: If the Attorney-General directs a coroner to carry out an investigation, or to resume an inquiry, the coroner may open or resume an inquiry, but its only purpose is to establish, so far as possible, the particulars specified in section 4(2)﻿(a)
7: In this section,— allied force Defence Force section 2(1) operational service
a: in a war or other armed conflict; or
b: in a peacekeeping force; or
c: in any other type of service declared by the Chief of Defence Force to be operational service for the purposes of this section. Section 59A inserted 21 July 2016 section 38 Coroners Amendment Act 2016
60: Deaths into which inquiries must be opened
1: A responsible coroner must open and conduct an inquiry into a death if—
a: the death appears to have been self-inflicted (other than as a result of assisted dying under the End of Life Choice Act 2019
b: the dead person appears to have been a person in official custody or care; or
c: the coroner is not satisfied that the matters required by this Act to be established by an inquiry are already adequately disclosed in respect of the death by information arising from investigations or examinations the coroner has made or caused to be made.
2: This section is subject to sections 59 59A Section 60 replaced 21 July 2016 section 39 Coroners Amendment Act 2016 Section 60(1)﻿(a) amended 6 November 2021 section 41 End of Life Choice Act 2019
61: Deaths where coroner may decide not to open inquiries
Section 61 repealed 21 July 2016 section 40 Coroners Amendment Act 2016
62: Other deaths
1: The responsible coroner must decide whether to open an inquiry into a death.
2: This section is subject to the following sections:
a: section 59
ab: section 59A
b: section 60
c: sections 95 to 97 1988 No 111 s 19 Section 62(1) replaced 21 July 2016 section 41(1) Coroners Amendment Act 2016 Section 62(2)﻿(ab) inserted 21 July 2016 section 41(2) Coroners Amendment Act 2016
63: Decision whether to open and conduct inquiry
In deciding whether to open and conduct an inquiry, a coroner must have regard to the following matters:
a: whether or not the causes of the death concerned appear to have been natural; and
b: in the case of a death that appears to have been unnatural or violent, whether or not it appears to have been due to the actions or inaction of any other person; and
c: the existence and extent of any allegations, rumours, suspicions, or public concern, about the death; and
d: the extent to which the drawing of attention to the circumstances of the death may be likely to reduce the chances of the occurrence of other deaths in similar circumstances; and
e: the desire of any members of the immediate family of the person who is or appears to be the person concerned that an inquiry should be conducted; and
f: any other matters the coroner thinks fit. 1988 No 111 s 20(1)
64: Duties of coroner who decides not to open inquiry
1: A coroner who decides not to open an inquiry into a death must notify the Secretary, in an approved form
2: An approved form must contain or have attached to it (as the case requires)—
a: the coroner’s reasons for the decision not to open an inquiry; and
b: the cause of death to the extent known.
2A: The coroner may record the cause of death in an approved form as presumed natural causes without investigation if the coroner is satisfied that—
a: the evidence gathered to date raises a presumption that the death is from natural causes; and
b: no further investigation is required to discharge the coroner’s role under this Act.
2B: The coroner is not required to provide information regarding the circumstances of the death if the coroner considers there is no public interest in doing so.
3: An approved form
a: is signed by the person making it; and
b: shows that the person's signature has been witnessed either by a constable constable 1988 No 111 s 20(2) Section 64(1) amended 5 April 2023 section 8(1) Coroners Amendment Act 2023 Section 64(2) replaced 5 April 2023 section 8(2) Coroners Amendment Act 2023 Section 64(2A) inserted 5 April 2023 section 8(2) Coroners Amendment Act 2023 Section 64(2B) inserted 5 April 2023 section 8(2) Coroners Amendment Act 2023 Section 64(3) amended 5 April 2023 section 8(3) Coroners Amendment Act 2023 Section 64(3)﻿(b) amended 21 July 2016 section 42 Coroners Amendment Act 2016
65: Coroner may decide to open inquiry despite initial decision
1: A coroner who, after deciding not to open an inquiry, becomes satisfied (whether because of information not available at the time of deciding, or for any other reason) that it is desirable to open an inquiry into the death concerned, may do so.
2: Clause 14 section 20 1988 No 111 s 20(3)
66: Which coroner conducts inquiry
Section 66 repealed 21 July 2016 section 43 Coroners Amendment Act 2016
67: Chief coroner and Secretary to be notified of inquiry
A coroner who opens an inquiry under any of sections 60 62 65 sections 95 to 97 an approved form
a: the chief coroner; and
b: the Secretary. Section 67 amended 5 April 2023 section 9 Coroners Amendment Act 2023
68: Procedure if person charged with offence
1: This subsection applies to a responsible coroner in relation to a death
a: has been informed that some person has been, or may be, charged with a criminal offence relating to the death or its circumstances; and
b: is satisfied that to open or (as the case requires) proceed with an inquiry might prejudice the person.
2: A coroner to whom subsection (1) applies may—
a: postpone opening an inquiry into the death; or
b: open an inquiry into the death and then adjourn it; or
c: adjourn an inquiry already opened into the death.
3: A coroner who has under subsection (2) postponed or adjourned an inquiry must not open or proceed with it until criminal proceedings against the person have been finally concluded (as defined in subsection (6)).
4: Subsections (2) and (3) do not limit or affect section 42
5: Despite subsection (3), a coroner who has under subsection (2) postponed or adjourned an inquiry may later open or resume it if satisfied that—
a: the person is no longer to be charged with a criminal offence relating to the death or its circumstances; or
b: to open or resume it would not prejudice the person charged, or thought likely to be charged, with a criminal offence relating to the death or its circumstances.
6: Criminal proceedings are finally concluded 1988 No 111 s 28(1), (2), (4), (8) Section 68(1) amended 21 July 2016 section 44 Coroners Amendment Act 2016 Section 68(4) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021
69: Procedure if some other investigation to be conducted
1: This subsection applies to a responsible coroner in relation to a death
a: an investigation into the death or the circumstances in which it occurred is being or is likely to be conducted under some enactment other than this Act; and either
b: the matters specified in section 57(2)﻿(a) to (e)
c: to open or continue with an inquiry would be likely to prejudice the investigation or any person interested in it.
2: A coroner to whom subsection (1) applies may—
a: postpone opening an inquiry into the death; or
b: adjourn an inquiry already opened into it.
3: A coroner who has under subsection (2) postponed or adjourned an inquiry may open or resume it if satisfied that—
a: an investigation into the death or the circumstances in which it occurred is not likely to be conducted under any enactment other than this Act; or
b: an investigation of that kind is being or is to be conducted, but—
i: the matters specified in section 57(2)﻿(a) to (e)
ii: to open or resume the inquiry will not prejudice the investigation or any person interested in it.
4: This section does not limit section 119 1988 No 111 s 28(3), (5) Section 69(1) amended 21 July 2016 section 45 Coroners Amendment Act 2016
70: Coroner may decide not to open or resume postponed or adjourned inquiry
1: This subsection applies to an inquiry that is postponed or adjourned under either of the following sections:
a: section 68
b: section 69
2: A coroner may decide, or the chief coroner may direct the coroner, not to open or resume an inquiry to which subsection (1) applies.
3: Before making a decision or a direction under subsection (2), the coroner or the chief coroner (as applicable) must be satisfied that the matters specified in section 57(2)﻿(a) to (e)
4: A coroner who decides, or who is directed, under subsection (2) not to open or resume an inquiry must give the Secretary written notice that the inquiry will not be opened or resumed. Section 70 replaced 21 July 2016 section 46 Coroners Amendment Act 2016
71: Restrictions on making public details of self-inflicted deaths
1: This section applies in respect of a death if—
a: the death occurred in New Zealand or on or from an aircraft or a ship specified in section 14(1)
b: the death was self-inflicted or there is reasonable cause to suspect that the death was self-inflicted.
2: No person may, unless the person is granted an exemption under section 71A section 72
a: the method or any suspected method of the self-inflicted death; or
b: any detail (for example, the place of death) that suggests the method or any suspected method of the self-inflicted death; or
c: a description of the death as a suicide.
3: Despite subsection (2)﻿(c),—
a: a person may make public that the death is a suspected suicide; and
b: a person may describe the death as a suicide if the coroner has completed a certificate of findings under section 94
4: In this section, self-inflicted End of Life Choice Act 2019 see section 36 Section 71 replaced 21 July 2016 section 46 Coroners Amendment Act 2016 Section 71(4) inserted 6 November 2021 section 41 End of Life Choice Act 2019
71A: Chief coroner may grant exemption from restrictions in section 71
1: A person may apply to the chief coroner for an exemption from the restrictions (specified in section 71(2)
2: On receiving an application under subsection (1), the chief coroner—
a: must, so far as practicable, give priority to the consideration of the application; and
b: may request advice from the suicide and media expert panel established under section 116A
c: may request further information from the applicant.
3: The chief coroner may grant an applicant an exemption from all or any of the restrictions in section 71(2)
a: granting the exemption does not present an undue risk that other people will attempt to copy the behaviour of the dead person concerned; and
b: any risk that people will attempt to copy the behaviour of the dead person concerned is outweighed by other considerations that make it desirable, in the public interest, to allow the publication of the details.
4: To ensure an application is dealt with promptly, the chief coroner may carry out any communications necessary for processing the application in person or by way of remote access (such as by telephone, video, or Internet link).
5: The chief coroner must keep a written record of—
a: every application received under subsection (1); and
b: whether the chief coroner granted an exemption to the applicant under subsection (3); and
c: the reasons in each case for granting, or declining to grant, the exemption. Section 71A inserted 21 July 2016 section 46 Coroners Amendment Act 2016
72: Permission referred to in section 71(2)
For the purposes of section 71(2)
a: the publication by the Independent Police Conduct section 34(1)﻿(b) Independent Police Conduct
b: the publication by the Commissioner of Police, under section 34(2) section 27 28
c: the making public by a person of a particular of the death contained in any such report, opinion, recommendation, or part of an opinion or recommendation, published under that Act. 1988 No 111 s 29(3)﻿(b) Section 72(a) amended 29 November 2007 section 26 Independent Police Conduct Authority Amendment Act 2007
73: Definitions for sections 71 and 74
In sections 71 74 make public
a: broadcasting (within the meaning of the Broadcasting Act 1989
b: a newspaper (within the meaning of the Defamation Act 1992
c: a book, journal, magazine, newsletter, or other similar document; or
d: a sound or visual recording; or
e: an Internet site that is generally accessible to the public, or some other similar electronic means particular 1988 No 111 s 29(1)
74: Coroner may prohibit making public of evidence given at any part of inquiry proceedings
If satisfied that it is in the interests of justice, decency, public order, or personal privacy to do so, a coroner may prohibit the making public of—
a: any evidence given or submissions made at or for the purposes of any part of the proceedings of an inquiry (for example, at an inquest); and
b: the name, and any name or particulars likely to lead to the identification, of any witness or witnesses. 1985 No 120 s 138(2) 1988 No 111 s 25(2)﻿(b)
75: Review of decisions relating to publication of details, evidence, etc
1: This subsection applies to a person affected by—
a: a refusal by the chief coroner to grant an exemption under section 71A
b: a prohibition under section 74
2: A person to whom subsection (1) applies may apply to a High Court Judge for a review of the refusal or prohibition.
3: Until the Judge reaches a decision on the application, the refusal or prohibition concerned continues in effect.
4: The Judge may (as the case requires), in the Judge's absolute discretion and on any ground the Judge thinks fit,—
a: confirm the refusal, or revoke it and issue an authority; or
b: confirm, modify, or revoke the prohibition.
5: An authority may be issued under subsection (4)﻿(a) unconditionally, or subject to conditions the Judge thinks fit. 1988 No 111 s 30 Section 75 heading replaced 21 July 2016 section 47(1) Coroners Amendment Act 2016 Section 75(1)﻿(a) replaced 21 July 2016 section 47(2) Coroners Amendment Act 2016
76: People from whom evidence generally to be heard
1: For the purposes of an inquiry, a coroner must (at an inquest or otherwise) receive evidence from any person—
a: who offers, in respect of the death concerned, evidence relevant to any matter required by section 57(2)﻿(a) to (e)
b: whom the coroner thinks it appropriate to examine.
2: The evidence received may be expert evidence.
3: Subsection (1) is subject to the rest of this Act. 1988 No 111 s 26(1)
77: Coroner may hold hearing on papers and make chambers findings
1: A coroner may, instead of holding an inquest, hold a hearing on the papers and make chambers findings if the coroner—
a: notifies interested parties of the coroner’s intention to hold a hearing on the papers and make chambers findings instead of holding an inquest; and
b: allows a reasonable period for interested parties to make their views known to the coroner on whether—
i: an inquest should be held; or
ii: a hearing should proceed on the papers; and
c: considers those views, among other relevant factors and information; and
d: is satisfied that an inquest is not required for the discharge of the coroner’s role under this Act.
2: This section does not apply to an associate coroner. Section 77 replaced 5 April 2023 section 10 Coroners Amendment Act 2023
77A: Associate coroner holds hearing on papers or refers death to chief coroner
1: An associate coroner may hold a hearing on the papers and make chambers findings if—
a: the associate coroner considers an inquest may not be required, having considered the matters in section 80(2)
b: the associate coroner notifies interested parties of the associate coroner’s intention to hold a hearing on the papers and make chambers findings rather than refer the death to the chief coroner; and
c: the associate coroner allows a reasonable period for interested parties to make their views known to the associate coroner on whether—
i: an inquest should be held; or
ii: a hearing should proceed on the papers; and
d: no interested party expresses the view that an inquest should be held.
2: If an interested party expresses the view that an inquest should be held, or the associate coroner considers an inquest may be required,—
a: the associate coroner must refer the death to the chief coroner; and
b: the chief coroner must assign the death to a coroner (but not to an associate coroner).
3: The coroner who is assigned the death must decide whether to hold an inquest or a hearing on the papers.
4: If interested parties have been consulted, the coroner who is assigned the death—
a: must consider the views (if any) expressed by the parties, among other relevant factors and information; and
b: is not required to reconsult interested parties if the coroner decides to proceed by way of a hearing on the papers and make chambers findings. Section 77A inserted 5 April 2023 section 11 Coroners Amendment Act 2023
78: Protection for witnesses and counsel
The following have the same privileges and immunities as witnesses and counsel in courts of law:
a: witnesses giving evidence (whether at inquests or otherwise) for the purposes of inquiries opened under this Act; and
b: a person, corporation, or body being heard, in accordance with section 58(2) or (3)
c: counsel appearing before coroners (whether at inquests or otherwise) for the purposes of this Act. 1988 No 111 s 42
79: Admission and verification of evidence
1: A coroner may, for the purposes of an inquiry, admit any evidence the coroner thinks fit, whether or not it would be admissible in a court of law.
2: Despite subsection (1), a coroner must not admit any evidence for the purposes of an inquiry unless satisfied that its admission is necessary or desirable for the purposes stated in section 57
3: Evidence given by a witness for the purposes of an inquiry must, if it is admitted by the coroner and not given at an inquest held for the purposes of the inquiry, be put into writing, read over by or to the witness, and signed by the witness. 1988 No 111 s 26(5), (6), (9) Inquests
80: Decision to hold inquest
1: A coroner conducting an inquiry into a death must decide whether to hold an inquest for the purposes of the inquiry.
2: Without limiting subsection (1), a coroner deciding whether to hold an inquest into a death must consider whether either, or both, of the following applies:
a: the death was a death in official custody or care and the death would not reasonably have been expected by a doctor who had access to the person’s health information (as defined in section 22B
b: an inquest would assist the inquiry into the death by providing an opportunity for persons who have not been involved in the inquiry to—
i: scrutinise evidence considered by the coroner as part of the inquiry; or
ii: offer new evidence in respect of the death.
3: A coroner who decides under this section not to hold an inquest must comply with section 77 Section 80 replaced 21 July 2016 section 49 Coroners Amendment Act 2016
81: Date, etc, and notice of inquest
1: A coroner who decides to hold an inquest for the purposes of an inquiry must—
a: fix a date, time, and place for the inquest; and
b: comply with section 23
2: A coroner who becomes aware before or during the inquest that an interested party
a: adjourn the inquiry so as to permit the person to prepare for, and attend, the inquest; and
b: fix a new date, time, and place for the inquest; and
c: ensure notice is given under subsection (1) of that new date, time, and place for the inquest.
3: In fixing under this section the place for an inquest, the coroner must have regard to the location (if known) where the death concerned appears to have occurred, and to the locations of the residences or principal places of business of all persons who the coroner knows—
a: are members of the immediate family
ab: are likely to have their conduct called into question if an inquiry is opened in relation to the death; or
b: have a sufficient interest in the subject or outcome of the inquiry concerned; or
c: will or may give evidence, or cross-examine witnesses giving evidence, at the inquest; or
d: may be required to be heard, in accordance with section 58(2) or (3)
4: A failure to comply with subsection (1) or subsection (2) does not affect the validity of any action taken by or on behalf, or at the direction, of a coroner.
5: Subsection (4) does not limit or affect sections 95 to 97 1988 No 111 s 23 Section 81(1) replaced 21 July 2016 section 50(1) Coroners Amendment Act 2016 Section 81(2) amended 21 July 2016 section 50(2) Coroners Amendment Act 2016 Section 81(3)﻿(a) amended 21 July 2016 section 50(3) Coroners Amendment Act 2016 Section 81(3)﻿(ab) inserted 21 July 2016 section 50(4) Coroners Amendment Act 2016
82: Inquests usually to be before coroner alone
1: Every inquest must be held before a coroner alone.
2: This section is subject to section 83
83: Specialist advisers to sit with and help coroners
1: If satisfied that it is desirable to do so, the chief coroner may, on the recommendation of a coroner, appoint a cultural, legal, medical, or other specialist adviser to sit with and help the coroner at an inquest by giving advice.
2: The coroner's recommendation that a specialist adviser be appointed must be made after having regard to any relevant practice notes issued under section 132
3: The specialist adviser must give the advice—
a: on any questions referred to the specialist adviser; and
b: in any manner the coroner may direct.
4: The appointment of a specialist adviser ends when the coroner conducting the inquiry concerned completes and signs a certificate of findings in relation to the death concerned.
5: Advice given by a specialist adviser may be given any weight the coroner thinks fit. 1908 No 89 s 99B 1988 No 111 s 21
84: Joint inquests
1: This subsection applies to a coroner who opens 2 or more separate inquiries relating to 2 or more deaths arising out of the same incident or series of incidents.
2: A coroner to whom subsection (1) applies may, if he or she thinks fit to do so, decide to hold a single inquest for the purposes of the separate inquiries referred to in that subsection.
3: A joint inquest held in accordance with a decision under subsection (2) is conducted in the same way as any other inquest, except that in holding the inquest the coroner must have regard to any relevant practice notes issued under section 132
85: Inquests usually to be public
1: Every inquest must be held in a place that is open to the public.
2: This section is subject to sections 74 86 87 1988 No 111 s 25(1)
86: Coroner may exclude people from inquest
A coroner may exclude any person or people from all or a part of an inquest. 1988 No 111 s 25(2)﻿(a)
87: Coroner may exclude witness until he or she gives evidence
A coroner may direct any witness whose evidence has not yet been heard at an inquest to remain, or go and remain, outside the place where the inquest is being held until required to give evidence. 1988 No 111 s 25(3)
88: Evidence at inquest
A person who gives evidence at an inquest—
a: must (unless doing so by a written statement under section 90
b: may be cross-examined (either personally or by counsel) by the coroner or a person specified in section 89(1) 1988 No 111 s 26(2), (3)
89: Others who may cross-examine at inquest
1: Any interested party may, personally or by counsel, cross-examine witnesses at an inquest.
2: This section is subject to sections 86 87 1988 No 111 s 26(4) Section 89(1) replaced 21 July 2016 section 51 Coroners Amendment Act 2016
90: Evidence by written statement confirmed by witness
1: A witness at an inquest may give any evidence by tendering a previously prepared written statement and confirming it on oath or affirmation if—
a: the coroner is satisfied that there is no reason making it desirable for the witness to give the evidence orally; and
b: no person attending the inquest who is entitled to cross-examine the witness objects.
2: A witness who gives evidence at an inquest under subsection (1) may be cross-examined as if it had been given orally; and the written statement concerned forms part of the depositions of the inquest. 1988 No 111 s 26(7), (8)
91: Evidence at distance for purposes of inquest
1: This subsection applies to a coroner who—
a: intends to hold, or is holding, an inquest; and
b: is satisfied that it is necessary or desirable to have any evidence taken at a place other than the place where the inquest is to be, or is being, held.
2: A coroner to whom subsection (1) applies may, by written notice signed by the coroner, authorise some other coroner or, if no other coroner is available, an associate coroner or a Justice
3: A coroner, an associate coroner, or a Justice section 81
4: The following sections apply to the taking of evidence under subsection (2) as if it were being taken at an inquest:
a: section 76
b: section 79(1) and (2)
c: section 88
d: section 89
e: section 90
5: Evidence given by a witness under subsection (2) and admitted by a coroner, an associate coroner, or a Justice must be—
a: put into writing; and
b: read over to or by the witness; and
c: signed by the witness and the coroner, associate coroner, or Justice.
6: The coroner, associate coroner, or Justice must then send the evidence to the coroner holding the inquest concerned.
7: The coroner holding the inquest must receive the evidence and act upon it as if it had been given and admitted at the inquest concerned. 1988 No 111 s 27 Section 91(2) amended 5 April 2023 section 12(1) Coroners Amendment Act 2023 Section 91(3) amended 5 April 2023 section 12(2) Coroners Amendment Act 2023 Section 91(5) replaced 5 April 2023 section 12(3) Coroners Amendment Act 2023 Section 91(6) inserted 5 April 2023 section 12(3) Coroners Amendment Act 2023 Section 91(7) inserted 5 April 2023 section 12(3) Coroners Amendment Act 2023 Completion of inquiries
92: Body must be viewed before certain inquiries concluded
1: No coroner may issue a certificate of interim findings, or conclude an inquiry, unless satisfied that the body of the person concerned—
a: has been viewed in New Zealand; or
b: is destroyed, irrecoverable, or lost, and—
i: the person was in New Zealand immediately before the body was destroyed or became irrecoverable or lost; or
ii: the death occurred on or from—
A: a New Zealand registered aircraft (as defined in section 2(1)
B: a New Zealand ship (as defined in section 2(1)
C: an aircraft or a ship of the Armed Forces (as defined in section 2(1)
2: Subsection (1) does not apply to an inquiry the opening of which was authorised by the Solicitor-General under section 59(1)﻿(c)﻿(ii) Section 92 replaced 21 July 2016 section 52 Coroners Amendment Act 2016
93: Certificate of and written reasons for interim findings
1: Before concluding an inquiry, the coroner conducting it may, after considering all the evidence admitted to date for the purposes of the inquiry, and in the light of the purposes stated in section 57
1A: Another coroner may complete and sign the certificate if the coroner conducting the inquiry is not available.
2: The certificate of interim findings must be in an approved form
3: The coroner must send the completed and signed certificate of findings to the Secretary. Section 93(1A) inserted 5 April 2023 section 13(1) Coroners Amendment Act 2023 Section 93(2) amended 5 April 2023 section 13(2) Coroners Amendment Act 2023
94: Certificate of and written reasons for findings
1: The coroner conducting and completing an inquiry must—
a: consider all the evidence admitted for the purposes of the inquiry; and
b: as soon as is reasonably practicable, and in light of the purposes stated in section 57
1A: Despite section 57(2)﻿(e)
2: The certificate of findings must be in an approved form
3: The certificate of findings may differ from, and once issued supersedes, any certificate of interim findings issued by a coroner
4: The coroner must send the completed and signed certificate of findings to the Secretary, together with—
a: all depositions of evidence admitted for the purposes of the inquiry; and
b: a certificate of the registration of the death (if applicable); and
c: any recommendations or comments made under section 57A
d:
5: The coroner must provide a copy of the completed and signed certificate of findings, together with any recommendations or comments, to—
a: the chief coroner; and
b: all interested parties. 1988 No 111 s 31 Section 94(1) replaced 21 July 2016 section 53(1) Coroners Amendment Act 2016 Section 94(1A) inserted 5 April 2023 section 14(1) Coroners Amendment Act 2023 Section 94(2) amended 5 April 2023 section 14(2) Coroners Amendment Act 2023 Section 94(3) amended 5 April 2023 section 14(3) Coroners Amendment Act 2023 Section 94(4)﻿(c) replaced 21 July 2016 section 53(2) Coroners Amendment Act 2016 Section 94(4)﻿(d) repealed 21 July 2016 section 53(2) Coroners Amendment Act 2016 Section 94(5) inserted 21 July 2016 section 53(3) Coroners Amendment Act 2016
94A: Chief coroner to monitor inquiries not completed within 1 year
If a coroner conducting an inquiry into a death has not, in respect of the death, completed and signed a certificate of findings under section 94
a: must monitor the progress of the inquiry; and
b: may require the coroner conducting the inquiry to explain why he or she has not concluded the inquiry. Section 94A inserted 21 July 2016 section 54 Coroners Amendment Act 2016
94B: Chief coroner to publish information regarding certain inquiries for which findings not completed
1: The chief coroner must, at regular intervals, publish—
a: a list of all inquiries in respect of which an inquest, or a hearing on the papers, has been held but a certificate of findings has not been completed and signed under section 94
b: for each inquiry, the date on which the inquest, or hearing on the papers, was held.
2: In addition to the information specified in subsection (1), the chief coroner must publish an explanation of the process by which a person can find out the status of an inquiry in relation to which an inquest, or a hearing on the papers, has been held but a certificate of findings has not yet been completed and signed. Section 94B inserted 21 July 2016 section 54 Coroners Amendment Act 2016 Inquiries or further inquiries ordered by Solicitor-General or High Court
95: Inquiry if coroner has failed or refused to open one
1: If satisfied that an inquiry is necessary or desirable and that the responsible coroner
2: This section is subject to clause 15 1988 No 111 s 40(2) Section 95(1) amended 21 July 2016 section 55 Coroners Amendment Act 2016
96: Inquiry if new facts discovered
1: If satisfied that since a coroner decided not to open an inquiry into a death new facts have been discovered that make it desirable to open one and that one has not been opened under section 65
2: This section is subject to clause 16 1988 No 111 s 38(1)
97: Further inquiry if sufficient reason
1: If satisfied that 1 or more inquiries have been conducted into a death but another should be conducted because of fraud, rejection of evidence, irregularity of proceedings, or discovery of new facts, or for any other sufficient reason, the Solicitor-General or the High Court may order another to be opened; and in that case another must be opened and conducted.
2: This section is subject to clause 17 1988 No 111 ss 38(2) 40(3)
98: Sections 95 to 97 subject to general jurisdiction
Sections 95 to 97 section 59 1988 No 111 ss 38(4) 40(5)
99: Exercise of powers under sections 95 to 97
The Solicitor-General's powers under sections 95 to 97 1988 No 111 ss 38 40(1)
100: Form and service of orders under sections 95 to 97
An order under any of sections 95 to 97
a: specify the coroner who is to open and conduct the inquiry, and be served on that coroner; or
b: specify that it is to be opened and conducted by a coroner (who may, but need not, be a coroner who has not previously opened an inquiry into the death concerned) authorised by the chief coroner, and be served on the chief coroner, who must serve it on the coroner authorised. 1988 No 111 ss 38(3) 40(4)
101: Coroner must open and conduct inquiry accordingly
The coroner on whom an order is served in accordance with section 100 1988 No 111 ss 38(3) 40(4)
102: Procedure at inquiries ordered under sections 95 to 97
1: The findings of an inquiry conducted pursuant to any of sections 95 to 97
2: Except to the extent that the Solicitor-General or the High Court may have ordered otherwise under section 95 96 97
3: Except as provided in this section and sections 95 to 97 1988 No 111 s 41 Remote participation Heading inserted 3 November 2021 clause 2 COVID-19 Response (Management Measures) Legislation Act 2021
102A: Use of audio-visual links
1: A coroner may, if satisfied that it is in the interests of justice to do so, permit remote participation through the use of audio or audio-visual links.
2: If a coroner permits remote participation in respect of a matter, the Courts (Remote Participation) Act 2010
a: the matter were a civil proceeding before a court; and
b: the coroner were a judge of that court. Section 102A inserted 3 November 2021 clause 2 COVID-19 Response (Management Measures) Legislation Act 2021
4: Appointments, administration, powers, offences and penalties, and technical provisions
Appointments
103: Coroners
1: The Governor-General may from time to time, by warrant, appoint fit and proper people to be coroners.
2: Each one of those people must have held a practising certificate as a barrister or solicitor for at least 5 years.
3: The appointment must be made on the advice of the Attorney-General, given after consultation with the Minister.
4: Every coroner vacates that office, if he or she has not earlier done so in another way, on attaining the age of 70
5: However, a former coroner of or over the age of 70 years may be reappointed for 1 term that—
a: is specified in a warrant of reappointment; and
b: does not exceed 2 years. Section 103(4) amended 1 July 2007 section 4(1) Coroners Act 2006 Amendment Act 2007 Section 103(5) replaced 21 July 2016 section 56 Coroners Amendment Act 2016
104: Relief coroners
1: The Governor-General may from time to time, by warrant, appoint fit and proper people to be relief coroners.
2: Each one of those people must have held a practising certificate as a barrister or solicitor for at least 5 years.
3: The appointment must be for a period not exceeding 5 years, but the person is eligible for reappointment.
4: The appointment must be made on the advice of the Attorney-General, given after consultation with the Minister.
5: Every relief coroner vacates that office, if he or she has not earlier done so in another way, on attaining the age of 70
6: However, a former coroner or a former relief coroner of or over the age of 70 years may be appointed or reappointed as a relief coroner for 1 term that—
a: is specified in a warrant of appointment or reappointment; and
b: does not exceed 2 years.
7: The number of relief coroners (which is unaffected by the maximum number of coroners permitted by section 109(1)
8: A relief coroner acts in the place of, or helps, a coroner, but only when authorised to do so by the chief coroner.
9: A relief coroner who is acting in the place of a coroner may rely on actions by, or steps involving, the coroner, as if they were actions by, or steps involving, the relief coroner. Section 104(5) amended 1 July 2007 section 5(1) Coroners Act 2006 Amendment Act 2007 Section 104(6) replaced 21 July 2016 section 57 Coroners Amendment Act 2016
104A: Associate coroners
1: The Governor-General may, by warrant, appoint fit and proper people to be associate coroners.
2: Each one of those people must have held a practising certificate as a barrister or solicitor for at least 5 years.
3: The appointment must be for a period not exceeding 5 years, but the person is eligible to be reappointed for 1 or more further terms.
4: The appointment must be made on the advice of the Attorney-General, given after consultation with the Minister.
5: An associate coroner vacates that office, if they have not earlier done so in another way, on attaining the age of 70 years.
6: However, a former associate coroner of or over the age of 70 years may be reappointed as an associate coroner for 1 term that—
a: is specified in the warrant of reappointment; and
b: does not exceed 2 years. Section 104A inserted 5 April 2023 section 15 Coroners Amendment Act 2023
104B: Coroners, relief coroners, and associate coroners may continue in office to complete investigations
1: A coroner, a relief coroner, or an associate coroner who has retired or whose term of office has expired may continue in office for the purpose of completing any investigations already commenced before their retirement or the expiry of their term.
2: A coroner, a relief coroner, or an associate coroner must not continue in office under subsection (1) for longer than 3 months without the consent of the Attorney-General.
3: The fact that a coroner, a relief coroner, or an associate coroner continues in office does not affect the power to appoint another person to the office.
4: A coroner, a relief coroner, or an associate coroner who continues in office is entitled to be paid the appropriate rate for the days or half-days worked in completing the investigation.
5: The appropriate rate Section 104B inserted 5 April 2023 section 15 Coroners Amendment Act 2023
105: Chief coroner
1: The Governor-General must, by warrant, appoint a fit and proper person as chief coroner.
2: No person can be appointed under this section as chief coroner unless he or she is a District Court Judge or coroner immediately before being appointed as chief coroner, or is appointed as a coroner when appointed as the chief coroner.
3: The appointment must be made on the advice of the Attorney-General, given after consultation with the Minister.
4: The appointment must be for a period not exceeding 8 years, and the person is not eligible for reappointment.
5: The person's appointment as chief coroner ceases if he or she ceases to hold office as a coroner.
6: With the Governor-General's prior approval, the chief coroner may by written notice to the Attorney-General resign from the office of chief coroner but continue in office as a coroner.
7: Despite subsection (4), the chief coroner continues in office until he or she resigns or his or her successor comes into office.
8: To avoid doubt, a person does not cease to hold office as a coroner solely because the person's appointment as chief coroner comes to an end.
105A: Deputy chief coroner
1: The Governor-General may, on the advice of the Attorney-General, appoint a coroner as deputy chief coroner for a term that does not exceed 5 years.
2: Where there is a vacancy in the role of chief coroner or the chief coroner is for any other reason absent from duty, the deputy chief coroner may, unless an acting chief coroner has been appointed, perform or exercise all or any of the functions, duties, and powers of the chief coroner.
3: Without limiting subsection (2), the deputy chief coroner may at any time perform or exercise any function, duty, or power of the chief coroner that has been delegated by the chief coroner to the deputy chief coroner.
4: The fact that a deputy chief coroner purports to perform or exercise, or to have performed or exercised, any function, duty, or power under this section is, in the absence of proof to the contrary, sufficient evidence of the deputy chief coroner’s authority to do so. Section 105A inserted 21 July 2016 section 58 Coroners Amendment Act 2016
106: Acting chief coroner
The Governor-General may appoint another coroner to act as chief coroner until the chief coroner resumes the performance and exercise of the functions, powers, and duties of that office if the chief coroner is, by illness, absence from New Zealand, or by some other cause, prevented from performing and exercising those functions, powers, and duties.
106A: Attorney-General to publish information concerning coronial appointment process
1: The Attorney-General must publish information explaining his or her processes for—
a: seeking expressions of interest for the appointment of coroners and associate coroners
b: nominating people for appointment as a coroner or an associate coroner
2: The processes under subsection (1) may be different for coroners and associate coroners. Section 106A inserted 21 July 2016 section 59 Coroners Amendment Act 2016 Section 106A(1)﻿(a) amended 5 April 2023 section 16(1) Coroners Amendment Act 2023 Section 106A(1)﻿(b) amended 5 April 2023 section 16(2) Coroners Amendment Act 2023 Section 106A(2) inserted 5 April 2023 section 16(3) Coroners Amendment Act 2023
107: Concurrent office or employment
1: The chief coroner must, after consulting the Attorney-General, develop and publish a protocol specifying—
a: the employment, or types of employment, that the Attorney-General considers to be compatible with being a coroner or an associate coroner
b: the offices, or types of offices, that the Attorney-General considers to be compatible with being a coroner or an associate coroner
2: The protocol may specify different employment or offices, or types of employment or types of offices, for relief coroners and other coroners and associate coroners
3: A coroner may hold another judicial office but must not undertake any other paid employment or hold any non-judicial office (whether paid or not) unless that employment or office is of a type specified in the protocol as being compatible with being a coroner.
4: An associate coroner may hold another judicial office but must not undertake any other paid employment or hold any non-judicial office (whether paid or not) unless that employment or office is of a type specified in the protocol as being compatible with being an associate coroner. Section 107 replaced 21 July 2016 section 60 Coroners Amendment Act 2016 Section 107(1)﻿(a) amended 5 April 2023 section 17(1) Coroners Amendment Act 2023 Section 107(1)﻿(b) amended 5 April 2023 section 17(1) Coroners Amendment Act 2023 Section 107(2) amended 5 April 2023 section 17(2) Coroners Amendment Act 2023 Section 107(4) inserted 5 April 2023 section 17(3) Coroners Amendment Act 2023
107A: Recusal
The chief coroner must, after consulting the Attorney-General, develop and publish guidelines to assist coroners and associate coroners Section 107A inserted 21 July 2016 section 60 Coroners Amendment Act 2016 Section 107A amended 5 April 2023 section 18 Coroners Amendment Act 2023
108: Coroners
and associate coroners
1: A coroner acts as a coroner full-time unless he or she is authorised by the Attorney-General to act part-time.
1A: An associate coroner acts as an associate coroner full-time unless they are authorised by the Attorney-General to act part-time.
2: The Attorney-General may, in accordance with subsection (4), authorise the following people to act part-time for any specified period:
a: a coroner appointed under section 103 section 104
b: an associate coroner.
3: To avoid doubt, an authorisation under subsection (2) may—
a: take effect as from the appointment of the coroner or the associate coroner or at any other time; and
b: be given more than once in respect of the same coroner or associate coroner.
4: The Attorney-General may (after consultation with the Minister) authorise a coroner or an associate coroner
a: at the request of the coroner or the associate coroner
b: with the concurrence of the chief coroner.
5: In considering whether to concur under subsection (4)﻿(b), the chief coroner must have regard to the need for coronial investigations to be conducted in an orderly and expeditious way.
6: A coroner or an associate coroner
7: The basis on which a coroner or an associate coroner acts must not be altered during the term of their appointment without their consent, but consent under this subsection is not necessary if the alteration is required by subsection (6).
8: Nothing in this section applies to a person who (under section 22(a) 1947 No 16 s 5AA Section 108 heading amended 5 April 2023 section 19(1) Coroners Amendment Act 2023 Section 108(1A) inserted 5 April 2023 section 19(2) Coroners Amendment Act 2023 Section 108(2) replaced 5 April 2023 section 19(3) Coroners Amendment Act 2023 Section 108(3) replaced 5 April 2023 section 19(3) Coroners Amendment Act 2023 Section 108(4) amended 5 April 2023 section 19(4) Coroners Amendment Act 2023 Section 108(4)﻿(a) amended 5 April 2023 section 19(5) Coroners Amendment Act 2023 Section 108(6) amended 5 April 2023 section 19(6) Coroners Amendment Act 2023 Section 108(7) replaced 5 April 2023 section 19(7) Coroners Amendment Act 2023 Section 108(8) amended 1 March 2017 section 261 District Court Act 2016
109: Maximum number of coroners
1: The maximum number of coroners is 22
2: For the purposes of subsection (1),—
a: a person who (under section 22(a)
b: a person who is a relief coroner does not count:
c: a coroner who is acting on a full-time basis counts as 1:
d: a coroner who is acting on a part-time basis counts as an appropriate fraction of 1:
e: the aggregate number (for example, 21.5 1947 No 16 s 5(2), (2A) Section 109(1) amended 25 May 2022 section 4(1) Coroners (Coronial Cap) Amendment Act 2022 Section 109(2)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 109(2)﻿(e) amended 25 May 2022 section 4(2) Coroners (Coronial Cap) Amendment Act 2022
110: Salaries and allowances
1: There must be paid to coroners (including the chief coroner, the deputy chief coroner, and any relief coroners) and associate coroners
a: salaries at the rates from time to time determined by the Remuneration Authority; and
b: the allowances from time to time determined by the Remuneration Authority; and
c: the additional allowances (if any), being travelling allowances or incidental or minor allowances, from time to time determined by the Governor-General.
2: The salary of a coroner or an associate coroner must not be diminished during the continuance of their appointment.
3: The salary and allowances payable for a period during which a coroner or an associate coroner
4: If the chief coroner ceases to hold that office but continues to hold office as a coroner, his or her salary and allowances may be reduced by the amount of any salary or allowances he or she received solely because of being the chief coroner.
4A: If the deputy chief coroner ceases to hold that office but continues to hold office as a coroner, his or her salary and allowances may be reduced by the amount of any salary or allowances he or she received solely because of being the deputy chief coroner.
5: For the purposes of subsection (2), the payment of salary and allowances on a pro-rata basis under subsection (3) or the payment of reduced salary and allowances under subsection (4) or (4A)
6: Nothing in this section applies to a person who (under section 22(a) 1947 No 16 s 6(1)–(2C) Section 110(1) amended 5 April 2023 section 20(1) Coroners Amendment Act 2023 Section 110(2) replaced 5 April 2023 section 20(2) Coroners Amendment Act 2023 Section 110(3) amended 5 April 2023 section 20(3) Coroners Amendment Act 2023 Section 110(4A) inserted 8 September 2018 section 28(2) Statutes Amendment Act 2018 Section 110(5) amended 8 September 2018 section 28(3) Statutes Amendment Act 2018 Section 110(6) amended 1 March 2017 section 261 District Court Act 2016
111: When determination under section 110(1) comes into force
1: Unless the Remuneration Authority Act 1977 section 110(1)
2: Every determination under section 110(1) 1947 No 16 s 6(3), (4)
112: Resignation
1: A coroner who is not a District Court Judge may at any time resign the office by written notice to the Attorney-General.
2: A relief coroner may at any time resign the office by written notice to the Attorney-General.
3: An associate coroner may at any time resign the office by written notice to the Attorney-General. 1908 No 89 s 26E(2) 1988 No 111 s 33(6) Section 112(3) inserted 5 April 2023 section 21 Coroners Amendment Act 2023
113: Complaints
1: Complaints about the conduct of coroners and associate coroners Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 because coroners and associate coroners section 5
2: If a complaint is made about the conduct of the chief coroner and, under section 17 or the Deputy Commissioner or the Deputy Commissioner Section 113 heading amended 5 April 2023 section 22(1) Coroners Amendment Act 2023 Section 113(1) amended 5 April 2023 section 22(2)﻿(a) Coroners Amendment Act 2023 Section 113(1) amended 5 April 2023 section 22(2)﻿(b) Coroners Amendment Act 2023 Section 113(2) amended 23 March 2010 section 15(2) Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010
114: Removal
1: The Governor-General may, if he or she thinks fit, remove a coroner or an associate coroner
2: Subsection (1) is subject to sections 33(2) 34
a: a Judicial Conduct Panel has reported to the Attorney-General that it is of the opinion that consideration of the removal of the coroner or the associate coroner
b: the coroner or the associate coroner or the associate coroner
3: Nothing in this section applies to a person who (under section 22(a) 1947 No 16 s 7(1) 1988 No 111 s 34 Section 114(1) amended 5 April 2023 section 23(1) Coroners Amendment Act 2023 Section 114(2)﻿(a) amended 5 April 2023 section 23(2) Coroners Amendment Act 2023 Section 114(2)﻿(b) amended 5 April 2023 section 23(3) Coroners Amendment Act 2023 Section 114(3) amended 1 March 2017 section 261 District Court Act 2016 Administration
115: Police to help coroners' investigations
1: The Commissioner of Police must cause Police employees
2: This section does not limit section 17 1988 No 111 s 37 Section 115(1) amended 1 October 2008 section 130(1) Policing Act 2008
116: Responsible department to provide administrative support
1: The responsible department must provide the administrative support necessary to enable coroners to perform their role efficiently and effectively.
2: The nature of that support must be determined from time to time by the Secretary after consultation with the chief coroner.
116A: Establishment and constitution of suicide and media expert panel
1: A suicide and media expert panel is established.
2: The panel consists of up to 4 members appointed by the Director-General of Health by written notice.
3: The Director-General of Health must be satisfied that the panel includes—
a: at least 1 member with expertise in suicide prevention; and
b: at least 1 member with expertise in media; and
c: at least 1 member with expertise in tikanga Māori; and
d: at least 1 member with expertise in Māori youth suicide.
4: The panel or any member of the panel must advise the chief coroner, if the chief coroner requests the panel or the member to do so, about applications, made under section 71A(1) Section 116A inserted 21 July 2016 section 61 Coroners Amendment Act 2016 Powers
117: Coroners' powers and immunities generally
1: For the purpose of performing or exercising a function, power, or duty under this Act, a coroner has the same powers, privileges, authorities, and immunities as a District Court Judge exercising jurisdiction under the Criminal Procedure Act 2011
2: Despite subsection (1), a coroner who is not a District Court Judge has, at all times, the same immunities as a Judge of the High Court.
3: In relation to an inquest held by a coroner for the purposes of an inquiry, the coroner has power to—
a: issue summonses for the attendance of witnesses:
b: issue warrants to enforce such summonses:
c: maintain order:
d: administer oaths or affirmations to witnesses:
e: punish for contempt:
f: adjourn proceedings from time to time and place to place.
4: Subsection (3) does not limit subsection (1).
5: The Criminal Procedure Act 2011
5A: A coroner exercising the power under subsection (3)﻿(e) has the same powers that a Judge has under subpart 2 sections 25 26(1) and (2)
6: Evidence given by a person (whether at an inquest or otherwise) on oath or affirmation administered by a coroner under this section must, for the purposes of section 108
7: Nothing in this section limits any power of a coroner under any other enactment or the application of the Inferior Courts Procedure Act 1909 1947 No 16 s 119 1988 No 111 s 35 Section 117(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 117(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 117(5A) inserted 26 August 2020 section 29 Contempt of Court Act 2019
117A: Functions, powers, duties, and immunities of associate coroners
1: Except as set out in subsections (2) to (4), another provision of this Act, or in rules made under section 140A
a: an associate coroner has the functions, powers, and duties of a coroner appointed under section 103
b: an associate coroner has the immunities of a coroner under section 117
c: references in this Act to a coroner, designated coroner, duty coroner, replacement coroner, or responsible coroner must be read, with the necessary modifications, as including an associate coroner.
2: An associate coroner does not have the functions, powers, or duties of a coroner to hold an inquest.
3: References in this Act or other legislation to a coroner holding an inquest do not include an associate coroner ( but see section 91(2) to (7)
4: Subsection (1)﻿(c) does not apply to sections 103 to 114 Section 117A inserted 5 April 2023 section 24 Coroners Amendment Act 2023
118: Coroner may call for investigations or examinations or commission reports
1: A coroner may cause to be made by other persons any investigations or examinations, or commission from them any reports, medical or otherwise, the coroner thinks proper—
a: for the purpose of deciding whether to open an inquiry; or
b: if the coroner is to open an inquiry, or has opened and not completed one.
2: Before acting under this section, a coroner must have regard to any relevant practice notes issued under section 132
3: This section does not limit or affect a coroner's powers under any other enactment, for example, under section 200 1988 No 111 s 12 Section 118(3) amended 4 April 2016 section 232 Health and Safety at Work Act 2015
119: Coroner may refer death to other investigating authorities
1: A coroner conducting an inquiry may refer the death concerned to 1 or more other investigating authorities if the coroner determines that the public interest would be served by the death concerned being investigated by them in the performance or exercise of their functions, powers, or duties.
2: A referral under this section does not limit or affect the coroner's role, or the functions, powers, and duties of the other investigating authorities, in relation to the death concerned.
3: This section does not limit section 69
120: Coroner may by written notice require person to supply information or documents or other things
1: A coroner who considers it necessary for the purposes of an inquiry the coroner has opened under this Act may, by written notice served on a person, require that person, within a time specified in the notice,—
a: to give the coroner any information or class of information specified in the notice; or
b: to produce to the coroner, or to a person specified in the notice acting on the coroner's behalf in accordance with the notice, any document or class of documents or other thing specified in the notice.
2: The person on whom the notice is served must give or produce a thing (whether the thing is information, a class of information, a document, a class of documents, or any other thing) sought by the notice, except to the extent that the person is excused from doing so by section 121
3: Information given in response to a notice under subsection (1)﻿(a) must be given in writing and,—
a: if given by a natural person, must be signed by the person; and
b: if given by a body corporate, must be signed by an officer authorised to sign on behalf of the body corporate.
4: This section does not limit or affect a coroner's powers under any other enactment, for example, under section 200 1986 No 5 s 98 1999 No 10 s 7(3) Section 120(4) amended 4 April 2016 section 232 Health and Safety at Work Act 2015
121: Grounds for refusing to comply with written notice
1: A person on whom a notice under section 120
a: the person claims within 5 working days after service of the notice that any or all of the grounds in subsection (2) apply to the thing; and
b: the person's claim has not been considered and dismissed by the coroner who issued the notice or by another coroner acting in his or her place, or has been so considered and dismissed, but the dismissal is the subject of, or has been revoked on, an application for review (whether under section 126
2: The grounds referred to in subsection (1) are that the giving or production of the thing sought by the notice—
a: would, if the thing were sought from the person as a witness giving evidence in a court of law, be prevented by a privilege or immunity that the person would have as a witness, or as counsel, in that court:
b: is prevented by an enactment, rule of law, or order or direction of a court that prohibits or restricts the making available of the thing, or the manner in which the thing may be made available:
c: would be likely to prejudice the maintenance of the law (including the prevention, detection, investigation, prosecution, and punishment of offences, and the right to a fair trial).
122: Warrant for information, document, or other thing
1: A District Court Judge may issue a warrant for the search of a specified place (including, without limitation, a dwellinghouse or marae), craft, or vehicle if satisfied on an application in writing made on oath by a constable
a: a coroner (other than the District Court Judge) has issued and had served on a person a notice under section 120
b: the person has failed to comply with the notice (other than because the person is excused from doing so by section 121
c: there are reasonable grounds to believe that there is in or on that place, craft, or vehicle any information, class of information, document, class of documents, or other thing, specified in the notice.
2: A District Court Judge may also issue a warrant for the search of a specified place (including, without limitation, a dwellinghouse or marae), craft, or vehicle if satisfied on an application in writing made on oath by a constable
a: a coroner (other than the District Court Judge) has prepared, for issuing and serving on a person, a notice under section 120
b: there are reasonable grounds to believe that a notice of that kind would not be complied with, and that the purpose of a warrant of that kind would be defeated if the warrant were granted after a notice of that kind was issued and served under subsection (1); and
c: there are reasonable grounds to believe that there is in or on that place, craft, or vehicle any information, class of information, document, class of documents, or other thing, specified in the notice.
3: A warrant under this section must be in the prescribed form, and must be—
a: directed to and executed by specified constables
b: directed to the New Zealand Police and executed by any 1 or more constables
4: A warrant under this section may be issued subject to any reasonable conditions the District Court Judge specifies in it.
5: Those conditions may include conditions intended to ensure that things to which the grounds in section 121(2) Section 122(1) amended 21 July 2016 section 62(1) Coroners Amendment Act 2016 Section 122(2) amended 21 July 2016 section 62(1) Coroners Amendment Act 2016 Section 122(3)﻿(a) amended 21 July 2016 section 62(2) Coroners Amendment Act 2016 Section 122(3)﻿(b) amended 21 July 2016 section 62(3) Coroners Amendment Act 2016
123: Entry and search under warrant under section 122
1: Section 110 section 122
2: No warrant under section 122 constable section 125 Section 123(1) replaced 21 July 2016 section 63(1) Coroners Amendment Act 2016 Section 123(2) amended 21 July 2016 section 63(2) Coroners Amendment Act 2016
124: Duties when executing warrant under section 122
1: Every constable section 122
2: If the owner or an occupier of the place, person in charge of the craft, or driver or rider of the vehicle being searched is not present at the time of the search, the constable constable
3: A constable
a: what has been removed; and
b: the reasons why it has been removed; and
c: where it will be kept until it is returned. Section 124(1) amended 21 July 2016 section 64 Coroners Amendment Act 2016 Section 124(2) amended 21 July 2016 section 64 Coroners Amendment Act 2016 Section 124(3) amended 21 July 2016 section 64 Coroners Amendment Act 2016
125: Grounds for withholding thing sought by warrant
A person may withhold a thing sought by a warrant under section 122
a: the person claims, when the warrant is executed, that any or all of the grounds in section 121(2)
b: the person's claim has not been considered and dismissed by the District Court Judge who issued the warrant, or by another District Court Judge who is not the coroner who issued, or proposed to issue, the relevant notice under section 120 section 126
126: Review of dismissal of claim that section 121(2) applies
1: A person may, within 5 working days of the dismissal, apply to a High Court Judge for a review of the dismissal if—
a: the person made a claim of the kind specified in section 121(1)﻿(a) section 125(a) section 127(4)
b: the claim was dismissed by a coroner or a District Court Judge, as provided in section 121(1)﻿(b) section 125(b) section 127(4)﻿(a)﻿(i) or (ii)
2: The claim must, for the purposes of sections 121 125 127
3: The High Court Judge may (as the case requires), in the Judge's absolute discretion and on any ground the Judge thinks fit, confirm, modify, or revoke the dismissal.
127: Limits on use of information, etc, given or produced in response to notice under section 120 or obtained through execution of warrant under section 122
1: This section applies to any information, document, or other thing given or produced by a person in response to a notice under section 120 section 122 thing
2: The thing may be used only for the purposes of the inquiry concerned, and may be used for those purposes only if that use is not prohibited by subsection (4).
3: In particular, the thing is not admissible as evidence against any person in any court or at any other inquiry or in any other proceedings except—
a: on a prosecution of the person for an offence against section 135
b: on the trial of the person for perjury (within the meaning of the Crimes Act 1961
4: However, the thing cannot be used for the purposes of the inquiry concerned if the person who gave or produced it, or from whom it was obtained, claims, within 5 working days after it was given, produced, or obtained, that any or all of the grounds in section 121(2)
a: has not been considered and dismissed by—
i: the District Court Judge who issued the warrant, or by another District Court Judge who is not the coroner who issued, or proposed to issue, the relevant notice under section 120 section 122
ii: the coroner who issued the notice or by another coroner acting in his or her place, if the thing was given or produced in response to a notice under section 120
b: has been so considered and dismissed, but the dismissal is the subject of, or has been revoked on, an application for review (whether under section 126
5: The thing must be returned to the person who gave or produced it, or from whom it was obtained, once it is no longer needed for the purposes of the inquiry concerned or for the purposes of a prosecution or trial referred to in subsection (3). 1975 No 9 s 19(6)
128: Warrant for removal of body
1: A District Court Judge may issue a warrant for the removal of a body from a specified place (including, without limitation, a dwellinghouse or marae), craft, or vehicle if satisfied on an application in writing made on oath by a constable
a: a coroner (other than the District Court Judge) has given directions about the removal of the body under section 20
b: there are reasonable grounds to believe that the body is being held in or on that place, craft, or vehicle contrary to the directions; and
c: the New Zealand Police has, despite having already used negotiation and all other means that are reasonable in the circumstances, failed to secure the release of the body from that place, craft, or vehicle in accordance with the directions.
2: The warrant must be in the prescribed form, and must be—
a: directed to and executed by specified constables
b: directed to the New Zealand Police and executed by any 1 or more constables
3: The warrant may be issued subject to any reasonable conditions the District Court Judge specifies in it. Section 128(1) amended 21 July 2016 section 65(1) Coroners Amendment Act 2016 Section 128(2)﻿(a) amended 21 July 2016 section 65(2) Coroners Amendment Act 2016 Section 128(2)﻿(b) amended 21 July 2016 section 65(3) Coroners Amendment Act 2016
129: Entry and search under warrant under section 128
A warrant under section 128 constable
a: to enter and search the specified place, craft, or vehicle on 1 occasion within 2 working days of the date of issue of the warrant at any time that is reasonable in the circumstances, but subject to any conditions imposed by the District Court Judge under section 128(3)
b: to use any assistance that is reasonable in the circumstances; and
c: to use any force for making entry (whether by breaking open doors or otherwise), or for breaking open any thing, as is reasonable in the circumstances; and
d: to use any force that is reasonable in the circumstances for searching for the body in or on, or for removing the body or for preventing the removal of the body from, the place, craft, or vehicle. Section 129 amended 21 July 2016 section 66 Coroners Amendment Act 2016
130: Warrant under section 128 to be produced
1: Every constable section 128
2: If the owner or an occupier of the place, person in charge of the craft, or driver or rider of the vehicle being searched is not present at the time of the search, the constable constable Section 130(1) amended 21 July 2016 section 67 Coroners Amendment Act 2016 Section 130(2) amended 21 July 2016 section 67 Coroners Amendment Act 2016
131: Power to seize evidence relevant to post-mortem
1: A constable section 20 section 128
a: on, or in the immediate vicinity of, the body as found in the place, craft, or vehicle from which it is being removed; and
b: that the constable section 31
2: Within 5 working days after seizing a thing under subsection (1), the constable
3: The constable
4: Any thing seized under subsection (1) must be delivered to the coroner who directed under section 31 Section 131(1) amended 21 July 2016 section 68 Coroners Amendment Act 2016 Section 131(1)﻿(b) amended 21 July 2016 section 68 Coroners Amendment Act 2016 Section 131(2) amended 21 July 2016 section 68 Coroners Amendment Act 2016 Section 131(3) amended 21 July 2016 section 68 Coroners Amendment Act 2016
132: Chief coroner may issue practice notes
1: To help inform, and to achieve consistency in, coronial decision making and other coronial conduct, the chief coroner may issue to coroners and associate coroners written practice notes (not inconsistent with this Act).
2: Practice notes under this section may specify matters—
a: to which coroners and associate coroners must have regard when—
i: making recommendations or comments ( see section 57A
ii: calling for investigations or examinations, or commissioning reports ( see section 118(2)
iii: determining the format of their written findings:
iv: co-ordinating with other investigating authorities, official bodies, and statutory officers who investigate deaths:
b: to which coroners must have regard when—
i: recommending to the chief coroner that a specialist adviser be appointed to sit with and help the coroner at an inquest ( see section 83(2)
ii: holding joint inquests ( see section 84(3)
iii: managing the disclosure of evidence to witnesses appearing at a hearing:
iv: determining whether to hold a pre-hearing:
v: determining whether a person is appropriately regarded as an expert in a particular area.
3: Subsection (2) does not limit subsection (1).
4: Before issuing a practice note (or an amendment, revocation, or replacement of a practice note) under this section, the chief coroner must take all reasonable steps to consult coroners and associate coroners about the terms and effect of that practice note (or of that amendment, revocation, or replacement of a practice note).
5: The chief coroner must regularly review any practice notes issued under this section. Section 132 replaced 5 April 2023 section 25 Coroners Amendment Act 2023
133: Chief coroner must designate coroners for specified kinds of deaths
1: The chief coroner must from time to time, by notice in writing to the coroners concerned and to the New Zealand Police, designate coroners to receive, under section 15(2)﻿(a)
2: Deaths of a specified kind
a: are reported to the coroner within a specified time period; or
b: occur in a specified area; or
c: fall into another specified class.
3: The chief coroner may at any time in the same way amend, revoke, or revoke and replace a designation under this section. Section 133 replaced 21 July 2016 section 70 Coroners Amendment Act 2016
133A: Appointment of responsible or replacement coroner
1: If the chief coroner receives a report of a death under section 15(4)
2: The chief coroner may appoint a replacement coroner to take over as the responsible coroner in relation to a death if the chief coroner is satisfied that—
a: the responsible coroner has a personal interest in the inquiry; or
b: it is necessary or desirable that the responsible coroner not conduct the inquiry—
i: because of his or her workload; or
ii: because of his or her expertise or lack of expertise in particular areas; or
c: there is some other good reason why the responsible coroner should not conduct the inquiry.
3: The chief coroner must appoint a replacement coroner to take over as the responsible coroner in relation to a death if the responsible coroner has recused himself or herself from the inquiry. Section 133A inserted 21 July 2016 section 70 Coroners Amendment Act 2016 Offences and penalties
134: Failure to supply information or documents or other things as required by
Every person commits an offence against this section, and is liable on section 120 1999 No 10 s 8 Section 134 heading amended 5 April 2023 section 26(1) Coroners Amendment Act 2023 Section 134 amended 5 April 2023 section 26(2) Coroners Amendment Act 2023 Section 134 amended 1 July 2013 section 413 Criminal Procedure Act 2011
135: False or misleading statements and omissions in certain documents
1: Every person commits an offence against this section, and is liable on
2: This subsection applies to the following documents:
a: a doctor's report required under section 40
b: a witness's evidence put into writing, read over to or by the witness, and signed by the witness, in accordance with section 79(3)
c: reports commissioned section 118
d: documents prepared under section 120(1)﻿(a) 1999 No 10 s 9 Section 135(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 135(2)﻿(c) amended 5 April 2023 section 27(1) Coroners Amendment Act 2023 Section 135(2)﻿(d) amended 5 April 2023 section 27(2) Coroners Amendment Act 2023
136: Non-compliance with direction about removal of body
Every person commits an offence against this section, and is liable on
a: fails or refuses to comply with a direction about the removal of a body under section 20
b: hinders or prevents any person from complying with a direction about the removal of a body under section 20 1988 No 111 s 43(2) Section 136 amended 1 July 2013 section 413 Criminal Procedure Act 2011
137: Failure or refusal to give report required
Every pathologist or doctor commits an offence against this section, and is liable on
a: section 31(6)
b: section 40 1988 No 111 s 43(1) Section 137 amended 5 April 2023 section 28(1) Coroners Amendment Act 2023 Section 137 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 137(a) amended 5 April 2023 section 28(2) Coroners Amendment Act 2023 Section 137(b) amended 5 April 2023 section 28(3) Coroners Amendment Act 2023
138: False or misleading statement for purposes of section 64(3)
Every person commits an offence against this section, and is liable on conviction section 64(3)
a: knowing the statement to be false; and
b: intending to mislead people who might rely upon it. 1988 No 111 s 43(4) Section 138 amended 5 April 2023 section 29 Coroners Amendment Act 2023 Section 138 amended 1 July 2013 section 413 Criminal Procedure Act 2011
139: Publication of information in contravention of section 71
1: A person commits an offence if the person publishes or permits to be published any information in contravention of section 71
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of a body corporate, to a fine not exceeding $20,000:
b: in any other case, to a fine not exceeding $5,000.
3: Subsection (1) does not apply to a person who hosts material on Internet sites or other electronic retrieval systems that can be accessed by a user, unless the specific information has been placed or entered on the site or system by that person. Section 139 replaced 21 July 2016 section 71 Coroners Amendment Act 2016
139A: Publication of information in contravention of section 74
1: A person commits an offence if the person publishes or permits to be published any information in contravention of a prohibition under section 74
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of a body corporate, to a fine not exceeding $5,000:
b: in any other case, to a fine not exceeding $1,000.
3: Subsection (1) does not apply to a person who hosts material on Internet sites or other electronic retrieval systems that can be accessed by a user, unless the specific information has been placed or entered on the site or system by that person. Section 139A inserted 21 July 2016 section 71 Coroners Amendment Act 2016 Section 139A(1) amended 5 April 2023 section 30 Coroners Amendment Act 2023 Technical provisions
140: Regulations
1: The Governor-General may, by Order in Council, make regulations for either or both of the following purposes:
a: prescribing salaries,
b: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations under this section are secondary legislation ( see Part 3 1988 No 111 s 45 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 140(1)﻿(a) amended 7 July 2010 section 4 Coroners Amendment Act 2010 Section 140(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
140A: Rules
1: The Governor-General may, with the concurrence of the chief coroner, make rules that—
a: provide for any conditions or limitations on the exercise or performance of a coroner’s functions, powers, and duties by associate coroners:
b: contain provisions that may be necessary to enable the proper exercise or performance by associate coroners of their functions, powers, and duties.
2: Rules made under this section are subject to section 117A(2) and (3)
3: Rules made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Sch 1 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 140A inserted 5 April 2023 section 31 Coroners Amendment Act 2023
140B: Secretary may approve forms
1: The Secretary may approve and issue forms for the purposes of this Act.
2: The Secretary must have the agreement of the chief coroner before approving and issuing forms. Section 140B inserted 5 April 2023 section 31 Coroners Amendment Act 2023
141: Transitional provisions: amendments to Coroners Act 1988 effective day after assent are in Schedule 1
Section 141 repealed 21 July 2016 section 72 Coroners Amendment Act 2016
142: Transitional provisions: functions or powers available day after assent are in Schedule 2
Section 142 repealed 21 July 2016 section 72 Coroners Amendment Act 2016
143: Coroners Act 1988 repealed
The Coroners Act 1988
143A: Transitional and savings provisions: arrangements effective after commencement of Coroners Amendment Act 2016 are in
Part 1 of Schedule 1 The transitional and savings provisions set out in Part 1 Coroners Amendment Act 2016 Section 143A inserted 21 July 2016 section 73 Coroners Amendment Act 2016 Section 143A heading amended 5 April 2023 section 34(1) Coroners Amendment Act 2023 Section 143A amended 5 April 2023 section 34(2) Coroners Amendment Act 2023
144: Transitional provisions: arrangements effective on and after 1 July 2007 are in Schedule 3
The repeal, by section 143 Coroners Act 1988 Schedule 3
145: Amendments relating to complaints against coroners are in Schedule 4
The Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 Schedule 4
146: Consequential amendments are in Schedule 5
The Acts listed in Schedule 5