In most cases when a person has died the doctor who looked after them during their final illness will sign a certificate confirming the cause of death, and legally this immediately releases the tūpāpaku to the whānau.
In some cases, however, a death has to be reported to the local coroner, who may then want to do a post-mortem (autopsy) to confirm the cause of death (see above “Confirming and registering the death”). The law here requires the coroner to take account of tikanga Māori and other cultural beliefs and practices in various ways:
Coroners Act 2006, ss 25, 26, 32–35, 37
When deciding whether to order a post-mortem, the coroner has to take into account whether this would cause distress or offence to the family because of their cultural beliefs and practices. The family can also object to the post-mortem, and can take their objection to the High Court if necessary.
If the coroner does decide a post-mortem is necessary, the coroner can order it to be done immediately to take account of requirements under tikanga Māori (or other cultural beliefs and practices) for the tūpāpaku to be released to the family as soon as possible after death.
The coroner can also allow whānau (and a minister) to stay with the tūpāpaku while it’s with the coroner. This recognises the tikanga requirements that whānau should stay with the tūpāpaku at all times until burial.