Coroners Act 1988

1: Preliminary
This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
1: Short Title and commencement
1: This Act may be cited as the Coroners Act 1988.
2: This Act shall come into force on the 1st day of January 1989. This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
2: Interpretation
In this Act, unless the context otherwise requires,— Body
a: Any part of a person without which no person can live; and
b: Any part of a person discovered in such circumstances or such a state that it is probable that the person is dead,— whether or not the identity of the person concerned is known when the part is discovered or is later determined; but does not include a foetus or a still-born child Death Disposal to dispose of doctor section 114(1)(a) Health Practitioners Competence Assurance Act 2003 doctor: this definition was substituted 18 September 2004 175(1) Health Practitioners Competence Assurance Act 2003 See sections 178 to 227 immediate family
a: spouse, civil union partner, or de facto partner of the person:
b: step-child, step-parent, step-brother, or step-sister of the person. immediate family: this definition was substituted 26 April 2005 7 Relationships (Statutory References) Act 2005 Irrecoverable Minister Minister: this definition was inserted 22 October 2003 3(1) Coroners Amendment Act 2003 New Zealand responsible department responsible department: this definition was inserted 22 October 2003 3(1) Coroners Amendment Act 2003 Secretary responsible department Secretary: this definition was substituted 1 July 1995 10(1) Department of Justice (Restructuring) Act 1995 Secretary: this definition was amended 22 October 2003 3(2) Coroners Amendment Act 2003 by substituting responsible department Department for Courts 1951 No 73 s 2 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
3: Act binds the Crown
This Act binds the Crown. This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
3A: Application of Act to deaths of members of visiting forces
This Act is subject to section 19 Visiting Forces Act 2004 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 Section 3A inserted 1 July 2004 26 Visiting Forces Act 2004
2: Reporting of deaths
This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
4: Deaths that must be reported
1: The following deaths shall be reported:
a: Every death that appears to have been—
i: Without known cause; or
ii: Suicide; or
iii: Unnatural or violent.
b: Every death in respect of which no doctor has given a doctor's certificate (within the meaning of section 2 Births, Deaths, and Marriages Registration Act 1995
c: Every death—
i: That occurred while the person concerned was undergoing a medical, surgical, or dental operation or procedure or some similar operation or procedure; or
ii: That appears to have been a result of any such operation or procedure; or
iii: That occurred while the person was affected by an anaesthetic; or
iv: That appears to have been a result of the administration to the person of an anaesthetic:
d: The death of any patient detained in an institution pursuant to an order under section 9 Alcoholism and Drug Addiction Act 1966
e: The death of any child or young person in a residence established under section 364 Children, Young Persons, and Their Families Act 1989
f: The death of any child or young person while that child or young person—
i: Is in the custody or care of an Iwi Social Service or a Cultural Social Service section 43 78 110 139 140 141 234 238 345 Children, Young Persons, and Their Families Act 1989
ii: Is in the charge of any person or organisation pursuant to section 362
g: the death of any patient or special patient within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992
ga: the death of any care recipient within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
h: the death of any prisoner (within the meaning of the Corrections Act 2004
i: The death of any person in the custody of the Police:
ia: the death of any person under the control of a security officer (within the meaning of the Corrections Act 2004
j: The death of any person in such circumstances that an enactment other than this Act requires the holding of an inquest.
2: Paragraphs (d) to (h) prison 1951 No 73 s 5(1) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 Subsection (1)(b) amended 2 September 1996 Coroners Amendment Act 1996 by substituting doctor's certificate (within the meaning of section 2 of the Births, Deaths, and Marriages Registration Act 1995 certificate under section 25 of the Births and Deaths Registration Act 1951 Subsection (1)(e) (f) substituted 1 November 1989 449 Children, Young Persons, and Their Families Act 1989 Subsection (1)(f)(i) amended 8 January 1995 48 Children, Young Persons, and their Families Amendment Act 1994 by substituting Iwi Social Service or a Cultural Social Service Iwi Authority or a Cultural Authority Subsection (1)(g) substituted 1 April 2000 79 Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 Subsection (1)(g) substituted 1 September 2004 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 Subsection (1)(ga) inserted 1 September 2004 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 Subsection (1)(h) substituted 1 June 2005 206 Corrections Act 2004 See clause 2 Corrections Act Commencement Order 2005 Subsection (1)(ia) inserted 1 March 1995 Penal Institutions Amendment Act 1994 See regulation 3(1) Penal Institutions Amendment Act Commencement Order 1995 Subsection (1)(ia) substituted 1 June 2005 206 Corrections Act 2004 See clause 2 Corrections Act Commencement Order 2005 Subsection (2) amended 1 November 1989 449 Children, Young Persons, and Their Families Act 1989 by omitting foster-home Subsection (2) amended 1 June 2005 206 Corrections Act 2004 by substituting prison penal institution See clause 2 Corrections Act Commencement Order 2005
5: Reporting of deaths
1: Subject to subsection (3)
2: Subject to subsection (3) section 4
a: In New Zealand; or
b: On or from—
i: An aircraft registered in New Zealand under the Civil Aviation Act 1964
ii: A New Zealand ship (within the meaning of the Shipping and Seamen Act 1952
iii: An aircraft or ship of the Armed Forces (within the meaning of the Armed Forces Discipline Act 1971 shall, as soon as is practicable, report the death to a member of the Police.
3: A person who believes that a death—
a: Is already known to the Police; or
b: Will be reported to a member of the Police,— is not required to report it to a member of the Police.
4: A member of the Police—
a: Who finds a body in New Zealand; or
b: To whom a report of a death is made under this section,— shall cause the finding or death concerned to be reported forthwith to the coroner nearest (by the most practicable route) to the presumed place of death or, where the death occurred outside New Zealand and the body is in New Zealand, to the coroner nearest (by the most practicable route) to the place where the body is.
5: Any person may report to a member of the Police or to a coroner the death outside New Zealand of a person whose body is in New Zealand.
6: Where a death has been reported to a coroner under this section, the Commissioner of Police shall cause to be made all inquiries—
a: Necessary for the due administration of this Act in relation to the death; or
b: Directed by the coroner. 1951 No 73 s 5(4), (5) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
6: Power of Justices where no coroner available
1: Where—
a: The coroner to whom a death is required by this Act to be reported is not available to act; or
b: The office of coroner in the place where a death is required by this Act to be reported is vacant,— the death shall be reported to a Justice.
2: Notwithstanding sections 21 22 subsection (1)
a: Exercise in respect of the death all the powers of a coroner under Part 3
b: Open an inquest in respect of the death:
c: Adjourn any such inquest:
d: Hear, admit, and record evidence of identification of the person concerned. 1951 No 73 s 7 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
3: Post-mortem examinations
This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
7: Coroner may authorise examination
With the authority of a coroner, a doctor (not being a doctor who, to the coroner's knowledge, attended the person concerned immediately before death) may—
a: For the purpose of enabling the coroner to decide whether or not to hold an inquest into the death concerned; or
b: Where the coroner—
i: Is to hold an inquest into the death; or
ii: Has opened and not completed an inquest into the death,— perform a post-mortem examination of the body concerned; and in that case, the doctor shall give the coroner a written report on the results of the examination. 1951 No 73 ss 6(1), 10(1) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
8: Decision whether or not to authorise examination
In deciding whether or not to authorise a doctor to perform a post-mortem examination, a coroner shall have regard to the following matters:
a: The extent to which the matters required by this Act to be established at inquests—
i: Are not already disclosed in respect of the death concerned by information available directly to the coroner or from information arising from inquiries or examinations the coroner has made or caused to be made; but
ii: Are likely to be disclosed by a post-mortem examination; and
b: Whether or not the death appears to have been unnatural; and
c: If the death appears to have been unnatural or violent, whether or not it appears to have been due to the actions or inaction of other persons; and
d: The existence and extent of any allegations, rumours, suspicions, or public concern about the cause of the death; and
e: The desirability of minimising the causing of distress to persons 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 is possible after death; and
f: The desirability of minimising the causing of offence to persons who, by reason of their ethnic origins, social attitudes or customs, or spiritual beliefs, find the post-mortem examination of bodies offensive; and
g: The desire of any member of the immediate family of the person concerned that a post-mortem examination should be performed; and
h: Any other matters the coroner thinks relevant. 1951 No 73 ss 6(1), 10(1) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
9: Early performance of examination
1: A coroner who—
a: Has authorised a doctor to perform a post-mortem examination of a person's body; and
b: Is satisfied that subsection (2) shall direct the doctor to perform it forthwith; and in that case the doctor shall do so.
2: This subsection applies to a person if persons having the ethnic origins, social attitudes or customs, or spiritual beliefs of the person customarily require bodies to be available to family members as soon as is possible after death. This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
10: Observers at examinations
1: A doctor who attended a person before death may be present at any post-mortem examination of the person's body authorised under this Act.
2: A coroner may, by notice in writing to a doctor who attended a person before death, require the doctor to do either or both of the following:
a: Be present at a post-mortem examination of the person's body authorised by the coroner under this Act:
b: Give the coroner a report (containing information specified in the notice) relating to the person.
3: Any doctor may, with the authority of a coroner granted on the application of any person, be present as the person's representative at a post-mortem examination authorised by the coroner under this Act.
4: Any doctor may, with the authority of a coroner, be present as the coroner's observer at a post-mortem examination authorised by the coroner under this Act.
5: Any member of the Police may be present at a post-mortem examination authorised under this Act. 1951 No 73 ss 6(1), 9, 10(1) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
11: Family to be notified
1: A coroner who has authorised a doctor to perform a post-mortem examination shall, as soon as is practicable after doing so, take all reasonable steps to ensure that there is given to a member of the immediate family of the person concerned notice—
a: That the performance of an examination has been authorised; and
b: Of the coroner's reasons for authorising it; and
c: That a copy of the doctor's report can be obtained under subsection (2)
2: Where a coroner—
a: Has authorised a doctor to perform a post-mortem examination of a person's body; and
b: Has possession of the doctor's report,— any member of the person's family may (without charge), after the expiration of 7 days after the completion of the examination, obtain a copy of the report from the coroner.
3: A failure to comply with subsection (1) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
12: Other inquiries and examinations
A coroner may cause to be made any inquiries or examinations, or commission any reports, (medical or otherwise), the coroner thinks proper—
a: For the purpose of deciding whether or not to hold an inquest; or
b: Where the coroner is to hold an inquest or has opened and not completed one. 1951 No 73 s 10(4) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
13: Removal and disposal of bodies
1: For the purposes of any examination under this Act, a coroner may give any directions the coroner thinks fit relating to the removal of a body.
2: Subject to subsection (3)
3: A coroner who decides not to authorise a doctor to perform a post-mortem examination of a body shall not authorise its disposal earlier than 24 hours after notifying a member of the Police of the decision, unless a member of the Police of the rank of Senior Sergeant or above agrees. 1951 No 73 ss 10(5), 11 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
14: Early release of bodies
Subject to section 13(3) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
4: Inquests
This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
15: Purpose of inquests
1: A coroner holds an inquest for the purpose of—
a: Establishing, so far as is 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: Making any recommendations or comments on the avoidance of circumstances similar to those in which the death occurred, or on the manner in which any persons should act in such circumstances, that, in the opinion of the coroner, may if drawn to public attention reduce the chances of the occurrence of other deaths in such circumstances.
2: Notwithstanding subsection (1) section 28
a: Shall not comment adversely on any dead person without,—
i: Indicating an intention to do so; and
ii: Adjourning the inquest for at least 7 days; and
iii: Notifying every member of the person's immediate family who during the adjournment requests the coroner to do so of the proposed comment; and
iv: Giving every such member a reasonable opportunity to be heard in relation to the proposed comment; and
b: Shall not comment adversely on any living person without taking all reasonable steps to notify the person of the proposed comment, and giving the person a reasonable opportunity to be heard in relation to the proposed comment. 1951 No 73 s 12 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
16: Jurisdiction of coroners to hold inquests
A coroner shall not hold an inquest into a death unless—
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 the person's body—
i: Is destroyed, irrecoverable, or lost; but
ii: Was in New Zealand immediately before it was destroyed, or became irrecoverable or lost; or
c: The body of the person concerned is not in New Zealand, but—
i: The death occurred outside New Zealand on or from an aircraft or a ship; and
ii: The Solicitor-General has authorised the coroner to hold an inquest into it. This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
17: Deaths into which inquests must be held
Subject to sections 16 18
a: If it appears to have been—
i: Suicide; or
ii: A death of a kind described in any of paragraphs (d) to (j)
b: If the coroner is not satisfied that the matters required by this Act to be established at inquests are already adequately disclosed in respect of the death by information arising from inquiries or examinations the coroner has made or caused to be made. 1951 No 73 s 5(1) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
18: Deaths where coroner may decide not to hold inquest
1: Subject to sections 38 40
a: A death occurred outside New Zealand, or was caused by matters arising outside New Zealand; and
b: An inquest or other inquiry into it has been or will be held outside New Zealand,— the coroner to whom it was reported may decide not to hold an inquest into it.
2: Subject to sections 38 40
a: An aircraft registered in New Zealand under the Civil Aviation Act 1964
b: A New Zealand ship (within the meaning of the Shipping and Seamen Act 1952
c: An aircraft or ship of the Armed Forces (within the meaning of the Armed Forces Discipline Act 1971 the coroner to whom it was reported may decide not to hold an inquest into it. This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
19: Other deaths
Subject to sections 16 17 38 40 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
20: Decision whether or not to hold inquest
1: In determining whether or not to hold an inquest, a coroner shall 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 concerned that an inquest should be held; and
f: Any other matters the coroner thinks fit.
2: A coroner who decides not to hold an inquest into a death shall notify the Secretary of the decision, in the prescribed form, which shall—
a: Contain or have attached to it (as the case requires) the prescribed information; and
b: Be accompanied by a written statement as to the identity of the person concerned—
i: Signed by the person making it; and
ii: Having the signature witnessed by a member of the Police or some other person authorised by the coroner to do so.
3: A coroner who, after deciding not to hold an inquest, becomes satisfied (whether by reason of information not available at the time of deciding or for any other reason) that it is desirable to hold an inquest into the death concerned, may do so. 1957 No 73 ss 5, 6 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
21: Inquests to be before coroner alone
1: Except as provided in subsection (2)
2: The Minister
3: The appointment of an assessor under subsection (2) 1951 No 73 s 13 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 Subsection (2) amended 1 July 1995 10(1) Department of Justice (Restructuring) Act 1995 by substituting Minister of the Crown who is responsible for the Department for Courts Minister of Justice Subsection (2) amended 22 October 2003 4 Coroners Amendment Act 2003 by omitting of the Crown who is responsible for the Department for Courts
22: Which coroner to hold inquest
1: Subject to subsection (2) sections 36 40
2: Where a coroner—
a: Has a personal interest in an inquest; or
b: Believes that there is some other good reason for the coroner not to hold it,— the coroner may authorise some other coroner to hold it; and, subject to sections 36 40 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
23: Date, etc, and notice of inquest
1: The coroner who is to hold an inquest shall fix a date, time, and place for it, and shall direct the Commissioner of Police to cause a member of the Police to give notice of the date, time, and place to every person—
a: Who has a sufficient interest in the inquest or its outcome; or
b: Whom the coroner has directed to be notified.
2: Those to be notified under subsection (1)
a: The immediate relatives of the person concerned; and
b: Any doctor who attended the person—
i: Immediately before death; or
ii: In the case of a person who had been ill before death, during the illness; and
c: Every person whose conduct, in the opinion of the senior member of the Police in the place where the inquest is to be held or the coroner, seems likely to be called into question; and
d: Every life insurance company known by the member of the Police concerned or the coroner to have issued a policy on the person's life; and
e: The Life Offices Association of NZ Inc; and
f: Where the person's death appears to have arisen out of the person's employment,—
i: Any industrial union registered under the Labour Relations Act 1987
ii: The Secretary of Labour; and
g: Where section 206 of the Mining Act 1971 section 177 of the Coal Mines Act 1979 section 71 of the Quarries and Tunnels Act 1982
3: A failure to comply with subsection (1)
4: Subsection (3) section 40 1951 No 73 ss 14, 17(3) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
24: Viewing of bodies
1: A coroner shall not conclude an inquest (other than an inquest authorised by the Solicitor-General under section 16(c)
a: Has been viewed in New Zealand; or
b: Is destroyed, irrecoverable, or lost, but was in New Zealand immediately before it was destroyed, or became irrecoverable or lost.
2: A coroner is not required to view any body. 1951 No 73 s 15 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
25: Inquests to be public
1: Except as provided in this section, every inquest shall be held in a place that is open to the public.
2: A coroner may—
a: Exclude any persons from the whole or any part of an inquest; or
b: Prohibit the publication of any evidence given at an inquest or any other part of the proceedings of an inquest,— if satisfied that it is in the interests of justice, decency, or public order to do so.
3: 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 it is being held until required to give evidence. 1951 No 73 s 16 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
26: Evidence
1: Except as provided in this Act, at an inquest a coroner shall hear evidence from any person—
a: Who tenders, in respect of the death concerned, evidence relevant to any of the matters required by section 15(1)(a)
b: Whom the coroner thinks it appropriate to examine.
2: Every person who gives evidence at an inquest shall do so on oath.
3: A coroner may cross-examine any person who gives evidence at an inquest.
4: Any person specified in section 23(2)
5: Subject to subsection (6)
6: A coroner shall not admit any evidence at an inquest unless satisfied that its admission is necessary or desirable for the purpose of establishing any matter specified in section 15(1)(a)
7: Notwithstanding subsection (1)
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.
8: A witness who gives evidence at an inquest under subsection (7)
9: The evidence given by each witness at an inquest and admitted by the coroner shall be put into writing by the coroner, read over by or to the witness, and signed by the witness and the coroner. 1951 No 73 s 17 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
27: Evidence at distance
1: 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,— may, by written notice signed by the coroner, authorise some other coroner or, if no other coroner is available, a Justice to take the evidence.
2: A coroner or Justice taking evidence under subsection (1) section 23
3: Subsections (1) to (7) subsection (1)
4: The evidence given by each witness under subsection (1) 1951 No 73 s 18 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
28: Procedure where person charged with offence or some other inquiry to be held
1: Subject to subsection (4)
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 the inquest might prejudice the person;— and in that case the coroner shall not open or proceed with the inquest until criminal proceedings against the person have been finally concluded.
2: Subsection (1) section 31 of the Births and Deaths Registration Act 1951
3: Subject to subsection (5)
a: An inquiry into the death or the circumstances in which it occurred is being or is likely to be held under some enactment other than this Act; and
b: Either—
i: The matters specified in section 15(1)(a)
ii: To open or continue with the inquest would be likely to prejudice the inquiry or some person interested in it.
4: A coroner who has postponed or adjourned an inquest under subsection (1)
5: A coroner who has postponed or adjourned an inquest under subsection (3)
a: An inquiry into the death or the circumstances in which it occurred is not likely to be held under any enactment other than this Act; or
b: Such an inquiry is being or is to be held, but—
i: The matters specified in section 15(1)(a)
ii: To open or resume the inquest will not prejudice the inquiry or any person interested in it.
6: Notwithstanding section 17 section 15(1)(a)
7: A coroner who decides not to open or resume an inquest under subsection (6)
8: If no appeal (or, as the case requires, no further appeal) can be made in the course of any criminal proceedings unless the High Court or Court of Appeal grants an extension of time, the proceedings are finally concluded for the purposes of this section. This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 Subsection (3) amended 2 September 1996 Coroners Amendment Act 1996 by substituting subsection (5) subsection (4)
29: Publication of details of self-inflicted deaths
1: In this section,— 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: Particular
2: If—
a: There is reasonable cause to believe that a death that occurred in New Zealand after the commencement of this Act was self-inflicted; and
b: No inquest into it has been completed,— without the authority of a coroner no person shall make public any particular relating to the manner in which it occurred.
3: Where any coroner has found a death to be self-inflicted,—
a: Subject to paragraph (b)
i: The name, address, and occupation of the person concerned; and
ii: The fact that the coroner has found the death to be self-inflicted; but
b: Nothing in paragraph (a)
i: Prevents the Independent Police Conduct section 34(1)(b) Independent Police Conduct
ii: Prevents the Commissioner of Police from publishing under section 34(2) section 27 28
iii: Prevents any person from making public a particular of the death contained in any such report, opinion, recommendation, or part of an opinion or recommendation, published under that Act,— without the authority of a coroner. Section 29 substituted 2 September 1996 Coroners Amendment Act 1996 Section 29(3)(b)(i) amended 29 November 2007 section 26 Independent Police Conduct Authority Amendment Act 2007 Subsection (3) amended 1 February 1993 56(1) Defamation Act 1992 by substituting within the meaning of the Defamation Act 1992 Broadcasting Act 1989 or broadcasting station within the meaning of the Defamation Act 1954
30: Review of coroner's decision as to publication
1: Any person affected by—
a: A prohibition under section 25(2)(b)
b: A refusal to give authority under section 29 by a coroner who is not a District Court Judge may apply to a District Court Judge for a review of the prohibition or refusal; and the Judge may, in the Judge's absolute discretion and on any ground the Judge thinks fit,—
c: In the case of a prohibition, confirm, modify, or revoke it:
d: In the case of a refusal, confirm it, or issue an authority, either unconditionally or subject to any condition the Judge thinks fit.
2: Until a District Court Judge reaches a decision on an application under this section, the prohibition or refusal concerned shall continue in effect. 1951 No 73 s 22 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
31: Findings of coroner
The coroner holding or completing an inquest shall consider all the evidence admitted at the inquest and, in the light of the matters specified in section 15(1)(a)
a: All depositions of evidence admitted at the inquest; and
b: A certificate of the registration of the death (if applicable); and
c: Where the inquest was held pursuant to the authority of the Solicitor-General given under section 16(c)
d: Any recommendations or comments under section 15(1)(b) 1951 No 73 s 24 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
5: Coroners
This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
32: Appointment of coroners and deputies
1: The Governor-General may from time to time by warrant appoint any person to be a coroner.
2: The Governor-General may from time to time by warrant appoint any person to be the deputy of a coroner.
2A: Every appointment under this section after the commencement of section 141 Coroners Act 2006
3: Subject to the directions (if any) of the coroner, the deputy of a coroner has and may exercise and perform all the powers, duties, and functions of the coroner.
4: Neither a vacancy in the office of coroner at any place nor the appointment of a new coroner at any place affects the powers, duties, and functions of a deputy appointed under subsection (2)
5: The fact that the deputy of a coroner exercises or performs any power, duty, or function is conclusive evidence of the deputy's authority to do so. 1951 No 73 s 2(1) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 Subsection (2A) inserted 30 August 2006 141 Coroners Act 2006 See section 142
33: Retirement of coroners and deputies
1: Subject to subsection (2) 70
2: Every coroner who was appointed before the commencement of this Act shall retire on or before attaining the age of 72 years.
3: Notwithstanding subsections (1) (2) subsection (4)
4: No person may be appointed under subsection (3)
a: for a term that, when added to that person's previous terms of appointment under that subsection, results in a sum that exceeds 2 years; or
b: on or after the commencement of section 141 Coroners Act 2006
5: Notwithstanding subsections (1) (2)
a: A successor is appointed; or
b: The Secretary gives the coroner or deputy coroner written notice that a successor is not for the time being to be appointed.
6: A coroner or deputy coroner may at any time resign the office by written notice to the Minister 1951 No 73 s 2 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 Subsection (1) amended 6 March 2007 4 Coroners Act 1988 Amendment Act 2007 by substituting 70 68 Subsection (4) substituted 30 August 2006 141 Coroners Act 2006 See section 142 Subsection (6) amended 22 October 2003 5 Coroners Amendment Act 2003 by omitting of Justice
34: Removal from office
The Governor-General may, if the Governor-General thinks fit, remove a coroner or deputy coroner from office for inability or misbehaviour. This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
35: Powers of coroners
1: For the purpose of exercising or performing any power, function, or duty under this Act, a coroner has the powers, privileges, authorities, and immunities of a District Court Judge exercising jurisdiction under the Summary Proceedings Act 1957
1A: Despite subsection (1) Part 7 Summary Proceedings Act 1957
2: In relation to an inquest held by a coroner, 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 to witnesses:
e: Punish for contempt:
f: Adjourn proceedings from time to time and place to place.
3: Subsection (2) subsection (1)
4: The Summary Proceedings Act 1957 1951 No 73 s 4 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 Subsection (1A) inserted 20 May 2004 3 Coroners Amendment Act 2004
6: Miscellaneous provisions
This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
36: Coroner may act in place of Justice or other coroner
1: Where—
a: A death has been reported under this Act—
i: To a Justice; or
ii: To a coroner who has died, or is unable, by reason of illness, absence, or other sufficient cause, to deal, or deal further, with the report; or
b: A coroner authorised under this subsection to deal or deal further with the report of a death has died, or is unable, by reason of illness, absence, or other sufficient cause, to deal, or deal further, with the report,— the Secretary may authorise a coroner to deal or deal further with the report; and in that case this Act shall apply as if the death had been reported to the authorised coroner.
2: Where a coroner authorised under this subsection or section 22(2) 40(4)
a: Has not yet opened it; and
b: Has died, or is unable, by reason of illness, absence, or other sufficient cause, to open it,— the Secretary may authorise a coroner to hold it; and in that case this Act shall apply as if the death concerned had been reported to the authorised coroner.
3: Where—
a: A Justice has opened an inquest under section 6(2)(b)
b: The coroner who opened an inquest, or a coroner authorised under this subsection to complete an inquest, has died or is unable, by reason of illness, absence, or other sufficient cause, to complete it,— the Secretary may authorise a coroner to complete it; and in that case this Act shall apply as if the inquest had been opened by the authorised coroner, and the authorised coroner shall act upon any evidence already admitted at the inquest as if it had been admitted by the authorised coroner. 1951 No 73 s 23 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
37: Police to assist at inquests and inquiries
The Commissioner of Police shall cause members of the Police to assist at all inquests, inquiries, and investigations, under this Act. 1951 No 73 s 25 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
38: Solicitor-General may require inquest where new facts discovered
1: If satisfied that since a coroner decided not to hold an inquest into a death new facts have been discovered that make it desirable to hold one, the Solicitor-General may order one to be held; and in that case an inquest shall be held.
2: If satisfied that since an inquest was completed new facts have been discovered that make it desirable to hold another, the Solicitor-General may order another to be held; and in that case another shall be held.
3: An order under this section shall be in writing and shall either—
a: Specify the coroner who is to hold the inquest, and be served on that coroner; or
b: Specify that it is to be held by a coroner (being a coroner who has not previously held an inquest into the death concerned) authorised by the Secretary, and be served on the Secretary, who shall serve it on the coroner authorised;— and, subject to section 36
4: Subsections (1) (2) section 16 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
39: High Court may order post-mortem examination in certain circumstances
1: The Solicitor-General may apply to the High Court for an order for a post-mortem examination of a body to be performed.
2: If satisfied, on application under this section, that—
a: The performance of a post-mortem examination of a body is necessary or desirable for the purposes of this Act; and
b: The coroner who might have authorised its performance has failed or refused to do so,— the High Court may order that a doctor be authorised to perform it; and in that case the Solicitor-General shall authorise a doctor to perform it, and the doctor shall do so.
3: Notwithstanding section 14
a: The Solicitor-General may give any directions the Solicitor-General thinks fit relating to the removal of the body concerned; and
b: No coroner shall—
i: Give any directions under section 13(1)
ii: Authorise the disposal of the body under section 13(2) until the authorised post-mortem examination has been completed.
4: Sections 9 to 11 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
40: High Court may order inquest in certain cases
1: The Solicitor-General may apply to the High Court for an order for an inquest to be held into any death.
2: If satisfied, on application under this section, that—
a: An inquest into a death is necessary or desirable; and
b: The coroner by whom the inquest should be held has failed or refused to hold one;— the High Court may order one to be held; and in that case an inquest shall be held.
3: If satisfied, on application under this section, that—
a: One or more inquests have been held into a death; but
b: Another should be held—
i: By reason of fraud, rejection of evidence, irregularity of proceedings, or discovery of new facts; or
ii: For any other sufficient reason,— the High Court may order another to be held; and in that case another shall be held.
4: An order under this section shall specify—
a: The coroner who is to hold the inquest, or
b: That it is to be held by a coroner (being a coroner who has not previously held an inquest into the death concerned) authorised by the Secretary;— and, subject to section 36
5: Subsections (2) (3) section 16 1951 No 73 ss 26, 27 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
41: Procedure at inquests ordered under
section 38 40
1: The findings of an inquest held pursuant to section 38 40
2: Except to the extent that the High Court may have ordered otherwise under section 40 section 38
3: Except as provided in this section and sections 38 40 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
42: Protection of witness and counsel
Witnesses attending and giving evidence for the purposes of inquests held under this Act, and counsel appearing before coroners or Justices for the purposes of this Act, have the same privileges and immunities as witnesses and counsel in Courts of law. 1951 No 73 s 28 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
43: Offences and penalties
1: Every doctor commits an offence against this Act, and is liable on summary conviction to a fine not exceeding $1,000, who fails or refuses to give to a coroner a report required under this Act.
2: Every person commits an offence against this Act, and is liable on summary conviction to a fine not exceeding $2,000, who—
a: Fails or refuses to comply with a direction under section 13
b: Hinders or prevents any person from complying with such a direction.
3: Every person commits an offence against this Act, and is liable on summary conviction to a fine not exceeding $5,000 in the case of a body corporate, or $1,000 in any other case, who publishes or permits to be published any information in contravention of section 29 section 25(2)(b)
4: Every person commits an offence against this Act, and is liable to imprisonment for a term not exceeding 7 years, who makes a written statement as to the identity of a person for the purposes of section 20(2)
a: Knowing the statement to be false; and
b: Intending to mislead persons who might rely upon it. 1951 No 73 s 29 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
44: Information held in
responsible department
1: During ordinary office hours, any person may, without charge, inspect and, upon payment of the prescribed fee, obtain a copy of any certificate or notice given to the Secretary under this Act.
2: During ordinary office hours, any person may inspect and, upon payment of the prescribed fee, obtain a copy of any—
a: Document given by a coroner to the Secretary under this Act, relating to an inquest that was completed during the previous 12 months; or
b: Document given by a coroner to the Secretary under this Act during the previous 12 months relating to a death in respect of which the coroner decided not to hold an inquest.
3: Subject to subsection (2)
a: in the case of a request made by the individual to whom the information relates, in accordance with the Privacy Act 1993
b: in any other case, in accordance with the Official Information Act 1982
4: Subsections (2) (3) section 24(2) of the Coroners Act 1951
5: Nothing in this section authorises the publication of any information in contravention of section 29 section 25(2)(b) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144 The heading to section 44 amended 22 October 2003 6(1) Coroners Amendment Act 2003 by substituting responsible department Department of Justice Subsection (3) substituted 22 October 2003 6(2) Coroners Amendment Act 2003
45: Regulations
The Governor-General may from time to time, by order in Council, make regulations for all or any of the following purposes:
a: Prescribing salaries, fees, allowances, and travelling allowances and expenses, for coroners, deputy coroners, assessors, witnesses, doctors, analysts, and pathologists, who perform any function under this Act or give evidence at an inquest held under this Act:
b: Providing for other matters contemplated by or necessary for giving full effect to this Act and for its due administration. 1951 No 73 ss 32, 33(1) This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
46: Consequential amendments
The enactments specified in Schedule 1 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144
47: Repeals
The enactments specified in Schedule 2 This Act was repealed 1 July 2007 143 Coroners Act 2006 See section 144