New Zealand Legislation: Acts

46F Transfer of charge of body

• (1) A person having charge of a body must not transfer charge of it to another person unless he or she first—

  • (a) gives the other person a doctor's certificate or coroner's authorisation; and

  • (b) gets from the other person a notice, in the standard form, taking responsibility for notifying a Registrar under section 42 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 of the death of the person whose body it is, and (except where the body is being removed by the other person for anatomical examination under the Human Tissue Act 2008)—

    • (i) taking responsibility for disposing of the body; and

    • (ii) describing (with enough detail to enable it to be identified) the place where the other person intends to dispose of the body.

  (2) However, in any of the following circumstances the person transferring the body does not have to comply with subsection (1):

  • (a) a person having charge of a body who is not a funeral director transferring charge of it to a funeral director:

  • (b) a person having charge of a body transferring charge of it to—

    • (i) a constable; or

    • (ii) a doctor who has been directed by a coroner to perform a post-mortem of the body; or

    • (iii) the occupier of a hospital.

  (3) Nevertheless, if a person has a doctor's certificate or coroner's authorisation at the time that he or she transfers charge of a body to another person, he or she must give the certificate or authorisation to the other person.

  (4) A person must not take charge of a body for anatomical examination under the Human Tissue Act 2008, or removal from New Zealand for disposal outside New Zealand, without first obtaining a doctor's certificate or coroner's authorisation.

  (5) In this section, standard form has the same meaning as in section 2 of the Births, Deaths, Marriages, and Relationships Registration Act 1995.

  Compare: 1995 No 16 s 40

  Section 46F: inserted, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

  Section 46F(2)(b)(i): amended, on 24 January 2009, by section 130(2) of the Policing Act 2008 (2008 No 72).