Coroners Act 1988

  • repealed
  • Coroners Act 1988: repealed, on 1 July 2007, by section 143 of the Coroners Act 2006 (2006 No 38).

Reprint
as at 29 November 2007

Coroners Act 1988

Public Act1988 No 111
Date of assent28 July 1988
  • Coroners Act 1988: repealed, on 1 July 2007, by section 143 of the Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Justice


Contents

Title


An Act to consolidate and amend the Coroners Act 1951

BE IT ENACTED by the Parliament of New Zealand as follows:

Part 1
Preliminary

  • This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

2 Interpretation
  • In this Act, unless the context otherwise requires,—

    Body means a dead person, and includes—

    • (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, in relation to reporting to a member of the Police, a Justice, or a coroner, includes the finding of a body

    Disposal, in relation to a body, means burial or cremation; and includes all other lawful modes of disposing of a body; and to dispose of has a corresponding meaning

    doctor means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine.

    doctor: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

    immediate family, in relation to any person, includes persons whose relationship to the person is, or is through 1 or more relationships that are, that of—

    • (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, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3).

    Irrecoverable means impossible or impracticable to recover

    Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

    Minister: this definition was inserted, as from 22 October 2003, by section 3(1) Coroners Amendment Act 2003 (2003 No 67).

    New Zealand includes the Ross Dependency

    responsible department means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

    responsible department: this definition was inserted, as from 22 October 2003, by section 3(1) Coroners Amendment Act 2003 (2003 No 67).

    Secretary means the chief executive of the responsible department.

    Secretary: this definition was substituted, as from 1 July 1995, by section 10(1) Department of Justice (Restructuring) Act 1995 (1995 No 39).

    Secretary: this definition was amended, as from 22 October 2003, by section 3(2) Coroners Amendment Act 2003 (2003 No 67) by substituting responsible department for Department for Courts.

    Compare: 1951 No 73 s 2

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

3 Act binds the Crown
  • This Act binds the Crown.

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

3A Application of Act to deaths of members of visiting forces
  • This Act is subject to section 19 of the Visiting Forces Act 2004, which applies to inquests relating to members of visiting forces.

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

    Section 3A was inserted, as from 1 July 2004, by section 26 Visiting Forces Act 2004 (2004 No 59).

Part 2
Reporting of deaths

  • This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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.

    • (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:

    • (f) The death of any child or young person while that child or young person—

      • (ii) Is in the charge of any person or organisation pursuant to section 362 of that Act:

    • (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) of subsection (1) of this section apply to a death whether or not it occurred in the institution, residence, hospital, or prison, concerned.

    Compare: 1951 No 73 s 5(1)

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

    Subsection (1)(b) was amended, as from 2 September 1996, by section 2 Coroners Amendment Act 1996 (1996 No 117) by substituting doctor's certificate (within the meaning of section 2 of the Births, Deaths, and Marriages Registration Act 1995) for certificate under section 25 of the Births and Deaths Registration Act 1951.

    Subsection (1)(e) and (f) were substituted, as from 1 November 1989, by section 449 Children, Young Persons, and Their Families Act 1989 (1989 No 24).

    Subsection (1)(f)(i) was amended, as from 8 January 1995, by section 48 Children, Young Persons, and their Families Amendment Act 1994 (1994 No 121) by substituting Iwi Social Service or a Cultural Social Service for Iwi Authority or a Cultural Authority.

    Subsection (1)(g) was substituted, as from 1 April 2000, by section 79 Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

    Subsection (1)(g) was substituted, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147).

    Subsection (1)(ga) was inserted, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147).

    Subsection (1)(h) was substituted, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50). See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

    Subsection (1)(ia) was inserted, as from 1 March 1995, by section 30 Penal Institutions Amendment Act 1994 (1994 No 120). See regulation 3(1) Penal Institutions Amendment Act Commencement Order 1995 (SR 1995/3).

    Subsection (1)(ia) was substituted, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50). See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

    Subsection (2) was amended, as from 1 November 1989, by section 449 Children, Young Persons, and Their Families Act 1989 (1989 No 24) by omitting foster-home.

    Subsection (2) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting prison for penal institution. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

5 Reporting of deaths
  • (1) Subject to subsection (3) of this section, every person who finds a body in New Zealand shall, as soon as is practicable, report the finding to a member of the Police.

    (2) Subject to subsection (3) of this section, every person who learns of a death required by section 4 of this Act to be reported—

    • (a) In New Zealand; or

    • (b) On or from—

      • (i) An aircraft registered in New Zealand under the Civil Aviation Act 1964; or

      • (ii) A New Zealand ship (within the meaning of the Shipping and Seamen Act 1952); or

      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.

    Compare: 1951 No 73 s 5(4), (5)

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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 and 22 of this Act, a Justice to whom a death is reported under subsection (1) of this section may—

    • (a) Exercise in respect of the death all the powers of a coroner under Part 3 of this Act:

    • (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.

    Compare: 1951 No 73 s 7

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

Part 3
Post-mortem examinations

  • This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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.

    Compare: 1951 No 73 ss 6(1), 10(1)

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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.

    Compare: 1951 No 73 ss 6(1), 10(1)

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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) of this section applies to the person or to a member of the person's immediate family,—

    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, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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.

    Compare: 1951 No 73 ss 6(1), 9, 10(1)

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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) of this section.

    (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) of this section does not affect the validity of any action.

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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.

    Compare: 1951 No 73 s 10(4)

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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) of this section, a coroner to whom a death has been reported may at any time, by written notice in the prescribed form signed by the coroner, authorise the disposal of the body concerned; and the body may be disposed of accordingly.

    (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.

    Compare: 1951 No 73 ss 10(5), 11

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

14 Early release of bodies
  • Subject to section 13(3) of this Act, as soon as a coroner is satisfied that it is no longer necessary to withhold a body from family members, the coroner shall forthwith authorise its disposal.

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

Part 4
Inquests

  • This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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) of this section, but subject to section 28 of this Act, a coroner may in the course of or as part of the findings of an inquest, comment on the conduct, in relation to the circumstances of the death concerned, of any person; but—

    • (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.

    Compare: 1951 No 73 s 12

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

17 Deaths into which inquests must be held
  • Subject to sections 16 and 18 of this Act, a coroner to whom a death is reported shall hold an inquest into it—

    • (a) If it appears to have been—

      • (i) Suicide; or

      • (ii) A death of a kind described in any of paragraphs (d) to (j) of section 4(1) of this Act; or

    • (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.

    Compare: 1951 No 73 s 5(1)

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

18 Deaths where coroner may decide not to hold inquest
  • (1) Subject to sections 38 and 40 of this Act, if satisfied that—

    • (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 and 40 of this Act, if a death occurred outside New Zealand, otherwise than on or from—

    • (a) An aircraft registered in New Zealand under the Civil Aviation Act 1964; or

    • (b) A New Zealand ship (within the meaning of the Shipping and Seamen Act 1952); or

    the coroner to whom it was reported may decide not to hold an inquest into it.

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

19 Other deaths
  • Subject to sections 16, 17, 38, and 40 of this Act, the coroner to whom a death is reported shall decide whether or not to hold an inquest into it.

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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.

    Compare: 1957 No 73 ss 5, 6

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

21 Inquests to be before coroner alone
  • (1) Except as provided in subsection (2) of this section, every inquest shall be held before a coroner alone.

    (2) The Minister, if satisfied that for technical, medical, or other reasons it is desirable to do so, may, on the recommendation of a coroner, appoint an assessor to sit with and assist the coroner at an inquest.

    (3) The appointment of an assessor under subsection (2) of this section shall be determined when the coroner's findings are given.

    Compare: 1951 No 73 s 13

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

    Subsection (2) was amended, as from 1 July 1995, by section 10(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting Minister of the Crown who is responsible for the Department for Courts for Minister of Justice.

    Subsection (2) was amended, as from 22 October 2003, by section 4 Coroners Amendment Act 2003 (2003 No 67) by omitting of the Crown who is responsible for the Department for Courts.

22 Which coroner to hold inquest
  • (1) Subject to subsection (2) of this section and to sections 36 and 40 of this Act, every inquest shall be held by the coroner to whom the death concerned was reported.

    (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 and 40 of this Act, the other coroner may then hold it.

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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) of this section shall include—

    • (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 of which the person was a member; and

      • (ii) The Secretary of Labour; and

    • (g) Where section 206 of the Mining Act 1971 or section 177 of the Coal Mines Act 1979 or section 71 of the Quarries and Tunnels Act 1982 applies to the death, an Inspector of Mines, Coal Mines, or Tunnels (as the case may be).

    (3) A failure to comply with subsection (1) of this section does not affect the validity of any action.

    (4) Subsection (3) of this section does not limit or affect the effect of section 40 of this Act.

    Compare: 1951 No 73 ss 14, 17(3)

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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) of this Act) unless satisfied that the body concerned—

    • (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.

    Compare: 1951 No 73 s 15

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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.

    Compare: 1951 No 73 s 16

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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) of this Act to be established; or

    • (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) of this Act, and any person with a sufficient interest in the subject or outcome of the inquest may, personally or by counsel, attend an inquest and cross-examine witnesses.

    (5) Subject to subsection (6) of this section, a coroner may admit at an inquest any evidence the coroner thinks fit, whether or not it would be admissible in a Court of law.

    (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) of this Act.

    (7) Notwithstanding subsection (1) of this section, a witness at an inquest may give any evidence by tendering a previously prepared written statement and confirming it on oath 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.

    (8) A witness who gives evidence at an inquest under subsection (7) of this section may be cross-examined as if it had been given orally; and the written statement concerned shall form part of the depositions of the inquest.

    (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.

    Compare: 1951 No 73 s 17

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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) of this section has the same powers in respect of taking it as the coroner holding the inquest concerned, and shall direct notice to be given in accordance with section 23 of this Act.

    (3) Subsections (1) to (7) of section 26 of this Act shall apply to the taking of evidence under subsection (1) of this section as if it is being taken at an inquest.

    (4) The evidence given by each witness under subsection (1) of this section and admitted by a coroner or Justice shall be put into writing by the coroner or Justice, read over to or by the witness, signed by the witness and the coroner or Justice, who shall send it to the coroner holding the inquest concerned; and that coroner shall receive it and act upon it as if it had been given and admitted at the inquest.

    Compare: 1951 No 73 s 18

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

28 Procedure where person charged with offence or some other inquiry to be held
  • (1) Subject to subsection (4) of this section, a coroner to whom a death has been reported may postpone opening an inquest into the death, open an inquest into the death and then adjourn it, or adjourn an inquest already opened into the death, if the coroner—

    • (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) of this section does not limit or affect the effect of section 31 of the Births and Deaths Registration Act 1951.

    (3) Subject to subsection (5) of this section, a coroner to whom a death has been reported may postpone opening an inquest into the death, or adjourn an inquest already opened into it, if satisfied that—

    • (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) of this Act are likely to be established in respect of the death at the inquiry; or

      • (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) of this section may later open or resume it if satisfied that to do so would not prejudice the person charged or thought likely to be charged with a criminal offence relating to the death or its circumstances.

    (5) A coroner who has postponed or adjourned an inquest under subsection (3) of this section may open or resume it if satisfied that—

    • (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) of this Act are unlikely to be established in respect of the death at the inquiry; and

      • (ii) To open or resume the inquest will not prejudice the inquiry or any person interested in it.

    (6) Notwithstanding section 17 of this Act, a coroner may decide not to open or resume an inquest postponed or adjourned under this section if satisfied that the matters specified in section 15(1)(a) of this Act have been adequately established in respect of the death concerned in the course of the criminal proceedings or inquiry concerned (whether finally concluded or not).

    (7) A coroner who decides not to open or resume an inquest under subsection (6) of this section shall give the Secretary written notice of the decision.

    (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, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

    Subsection (3) was amended, as from 2 September 1996, by section 3 Coroners Amendment Act 1996 (1996 No 117) by substituting subsection (5) for subsection (4).

29 Publication of details of self-inflicted deaths
  • (1) In this section,—

    Make public means publish by means of—

    • (c) A book, journal, magazine, newsletter, or other similar document; or

    • (d) A sound or visual recording:

    Particular, in relation to any death, means detail relating to the manner in which the death occurred, to the circumstances of the death, or to an inquest into the death.

    (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) of this subsection, without the authority of a coroner no person shall make public any particular of the death other than—

      • (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) of this subsection—

      • (ii) Prevents the Commissioner of Police from publishing under section 34(2) of that Act an opinion or recommendation under section 27 or 28 of that Act, or any part of any such opinion or recommendation, that includes any particular of the death; or

      • (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 was substituted, as from 2 September 1996, by section 4(1) Coroners Amendment Act 1996 (1996 No 117).

    Section 29(3)(b)(i): amended, on 29 November 2007, by section 26 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).

    Subsection (3) was amended, as from 1 February 1993, by section 56(1) Defamation Act 1992 (1992 No 105) by substituting within the meaning of the Defamation Act 1992, or by means other than by broadcasting within the meaning of the Broadcasting Act 1989 for 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) of this Act; or

    • (b) A refusal to give authority under section 29 of this Act,—

    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.

    Compare: 1951 No 73 s 22

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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) of this Act, complete and sign a certificate of findings, in the prescribed form, in relation to the death concerned, and send it to the Secretary, together with—

    • (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) of this Act, a copy of the Solicitor-General's authority; and

    • (d) Any recommendations or comments under section 15(1)(b) of this Act.

    Compare: 1951 No 73 s 24

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

Part 5
Coroners

  • This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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 of the Coroners Act 2006 must be for a term that ends before 1 July 2007 and that is specified in the warrant of appointment.

    (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) of this section.

    (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.

    Compare: 1951 No 73 s 2(1)

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

    Subsection (2A) was inserted, as from 30 August 2006, by section 141 Coroners Act 2006 (2006 No 38). See section 142 of that Act for transitional provisions.

33 Retirement of coroners and deputies
  • (1) Subject to subsection (2) of this section, every coroner and deputy shall retire from office on or before attaining the age of 70 years.

    (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) and (2) of this section, but subject to subsection (4) of this section, a retired coroner or deputy coroner may from time to time be reappointed for a term (not exceeding 12 months) specified in the warrant of appointment.

    (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 of the Coroners Act 2006 and for a term that ends after 30 June 2007.

    (5) Notwithstanding subsections (1) and (2) of this section, a coroner or deputy coroner shall continue in office until—

    • (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.

    Compare: 1951 No 73 s 2

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

    Subsection (1) was amended, as from 6 March 2007, by section 4 Coroners Act 1988 Amendment Act 2007 (2007 No 5) by substituting 70 for 68.

    Subsection (4) was substituted, as from 30 August 2006, by section 141 Coroners Act 2006 (2006 No 38). See section 142 of that Act for transitional provisions.

    Subsection (6) was amended, as from 22 October 2003, by section 5 Coroners Amendment Act 2003 (2003 No 67) 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, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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), a coroner who is not a District Court Judge has, in relation to the exercise of jurisdiction under this Act, the same protection that a Justice or a Community Magistrate has under Part 7 of the 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) of this section does not limit the generality of subsection (1) of this section.

    (4) The Summary Proceedings Act 1957, so far as it is applicable and with the necessary modifications, applies to the powers, privileges authorities, and immunities conferred on coroners by this section.

    Compare: 1951 No 73 s 4

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

    Subsection (1A) was inserted, as from 20 May 2004, by section 3 Coroners Amendment Act 2004 (2004 No 40).

Part 6
Miscellaneous provisions

  • This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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) or section 40(4) of this Act to hold an inquest,—

    • (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) of this Act; or

    • (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.

    Compare: 1951 No 73 s 23

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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.

    Compare: 1951 No 73 s 25

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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 of this Act, the inquest shall be held accordingly.

    (4) Subsections (1) and (2) of this section are subject to section 16 of this Act.

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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 of this Act, where an order has been made under this section—

    • (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) of this Act relating to the removal of the body; or

      • (ii) Authorise the disposal of the body under section 13(2) of this Act,—

      until the authorised post-mortem examination has been completed.

    (4) Sections 9 to 11 of this Act apply to a post-mortem examination ordered to be authorised to be performed under this section as if the Solicitor-General were a coroner who had authorised the doctor concerned to perform it.

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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 of this Act, the inquest shall be held accordingly.

    (5) Subsections (2) and (3) of this section are subject to section 16 of this Act.

    Compare: 1951 No 73 ss 26, 27

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

41 Procedure at inquests ordered under section 38 or section 40
  • (1) The findings of an inquest held pursuant to section 38 or section 40 of this Act shall replace the findings at every previous inquest held in respect of the death concerned.

    (2) Except to the extent that the High Court may have ordered otherwise under section 40 of this Act, all depositions taken at any former inquest into a death shall be deemed to have been taken at an inquest into the death held pursuant to that section or section 38 of this Act.

    (3) Except as provided in this section and sections 38 and 40 of this Act, an inquest held pursuant to either of those sections shall be held in the same manner as any other inquest.

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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.

    Compare: 1951 No 73 s 28

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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 of this Act; or

    • (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 of this Act, or of a prohibition under section 25(2)(b) of this Act.

    (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) of this Act—

    • (a) Knowing the statement to be false; and

    • (b) Intending to mislead persons who might rely upon it.

    Compare: 1951 No 73 s 29

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

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), the availability of documents given to the Secretary under this Act must be determined,—

    • (a) in the case of a request made by the individual to whom the information relates, in accordance with the Privacy Act 1993; or

    (4) Subsections (2) and (3) of this section apply to depositions transmitted to the Secretary under section 24(2) of the Coroners Act 1951.

    (5) Nothing in this section authorises the publication of any information in contravention of section 29 of this Act or of a prohibition under section 25(2)(b) of this Act.

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

    The heading to section 44 was amended, as from 22 October 2003, by section 6(1) Coroners Amendment Act 2003 (2003 No 67) by substituting responsible department for Department of Justice.

    Subsection (3) was substituted, as from 22 October 2003, by section 6(2) Coroners Amendment Act 2003 (2003 No 67).

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.

    Compare: 1951 No 73 ss 32, 33(1)

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

46 Consequential amendments
  • The enactments specified in Schedule 1 to this Act are hereby amended in the manner indicated in the Schedule.

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

47 Repeals
  • The enactments specified in Schedule 2 to this Act are hereby consequentially repealed.

    This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.


Schedule 1
Consequential Amendments

Section 46

  • This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

Title of ActAmendment
1954, No 51-The Penal Institutions Act 1954 (RS Vol 4, p 65) 
1956, No 65-The Health Act 1956 (Reprinted 1972, Vol 2, p 1449)By adding to section 84(1)(a) the words and for making good for burial dead bodies on which such post-mortem examinations have been carried out.
1966, No 97-The Alcoholism and Drug Addiction Act 1966

By inserting, after section 22, the following section:

22A
  • Managers to notify Police of deaths-Where the managers of an institution where a patient is detained pursuant to an order under section 9 of this Act learn that the patient has died (whether within or outside the institution) they shall forthwith notify a member of the Police.

  • An item relating to the Children and Young Persons Act 1974 was repealed by section 449 Children, Young Persons, and Their Families Act 1989 (1989 No 24).

  • An item relating to the Mental Health Act 1969 was repealed by section 137(2) Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46).

  • An item relating to the Penal Institutions Act 1954 was repealed, as from 1 June 2005, by section 208(1) Corrections Act 2004 (2004 No 50). See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).


Schedule 2
Consequential repeals

Section 47

  • This Act was repealed, as from 1 July 2007, by section 143 Coroners Act 2006 (2006 No 38). See section 144 of that Act for the transitional provisions.

  • 1951, No 73—The Coroners Act 1951. (RS Vol 1, p 615.)

  • 1952, No 49—The Shipping and Seaman Act 1952: Section 330 (RS Vol 4, p 275)

  • 1954, No 61—The Coroners Amendment Act 1954. (RS Vol 1, p 629.)

  • 1956, No 71—The Coroners Amendment Act 1956. (RS Vol 1, p 629.)

  • 1959, No 57—The Coroners Amendment Act 1959. (RS Vol 1, p 615.)

  • 1969, No 16—The Mental Health Act 1969: Section 129(2).

  • 1970, No 57—The Coroners Amendment Act 1970. (RS Vol 1, p 630.)

  • 1976, No 76—The Births and Deaths Registration Amendment Act 1976: Section 2(3). (RS Vol 1, p 374.)

  • 1976, No 85—The Coroners Amendment Act 1976. (RS Vol 1, p 630.)


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Coroners Act 1988. It incorporates all the amendments to the Coroners Act 1988 as at 29 November 2007. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 18 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

2 About this eprint
  • This eprint has not been officialised. For more information about officialisation, please see "Making online legislation official" under "Status of legislation on this site" in the About section of this website.

3 List of amendments incorporated in this eprint (most recent first)
  • Independent Police Conduct Authority Amendment Act 2007 (2007 No 38): section 26