Reprint as at 24 January 2009

Coroners Act 2006

Public Act	2006 No 38
Date of assent	29 August 2006
Commencement	see section 2

Note

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

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

This Act is administered by the Ministry of Justice.

1 Title

2 Commencement

Part 1
General provisions

3 Purpose of this Act

4 Coroner's role

5 Coroners must perform their duties without delay

6 Coroners must have regard to relevant practice notes

7 Chief coroner's functions

8 Overview of this Act

9 Interpretation

10 Coroner defined

11 Application of Act to deaths of members of visiting forces

12 Act binds the Crown

Part 2
Deaths to be reported and post-mortems

Reporting of deaths

13 Deaths that must be reported under section 14(2)

14 Reporting of deaths to police

15 Reporting of deaths to coroner by police

16 Chief coroner to designate replacement designated coroner or report death to original designated coroner

17 Investigations by police

Custody and removal of bodies

18 When police have exclusive right to custody of body

19 When designated coroner has exclusive right to custody of body

20 Directions about removal of body

21 Coroner not required to view body

Interests of families and other relevant people or organisations

22 Representative for liaison with immediate family

23 Coroner must give family representative, immediate family, and certain others notice of significant matters

24 Significant matters referred to in section 23(1)

25 Viewing, touching, or remaining with or near body in coroner's custody

26 Matters to be taken into account under section 25(3)

27 Family may request pathologist's report on post-mortem

28 Any person may access specified certificates and notices

29 Access to other documents given to Secretary

30 Charges for copies under section 28 or 29

Post-mortems

31 Coroner may direct post-mortem

32 Criteria for decision whether to direct post-mortem

33 Right in some cases to object to post-mortem

34 Procedure for objections under section 33

35 Procedure for objection in High Court

36 Nature of post-mortem

37 Post-mortem may be performed early in some cases

38 Who may attend post-mortem

39 Definitions for section 38

40 Coroner may require person's doctor to report

41 High Court may order post-mortem in certain circumstances

Release of bodies, and retention and return of body parts and bodily samples

42 Release of bodies

43 Restriction on release if no post-mortem directed

44 Restriction on release if parts or samples to be retained

45 Release of still-born children

46 Costs of transporting body moved for post-mortem, etc

47 Receipt, removal, and taking of parts and samples

48 Retention of parts and samples on release of body

49 Coroner's authorisation under section 48(2)(b)

50 Coroner must notify family, etc, of retention, and of right to request return, of retained parts and samples

51 Pathologists proposing to retain parts or samples under section 48(2)(c) must advise of right to request return

52 Requests for return of retained parts and samples

53 Parts and samples whose retention is not permitted must generally be returned when body released

54 Restrictions on return and disposal

55 Return on request of retained parts and samples

56 Use and disposal of retained parts or samples whose return is not requested

Part 3
Inquiries into causes and circumstances of deaths

Inquiries

57 Purposes of inquiries

58 Adverse comments by coroners

59 Jurisdiction of coroners to open inquiries

60 Deaths into which inquiries must be opened

61 Deaths where coroner may decide not to open inquiries

62 Other deaths

63 Decision whether to open and conduct inquiry

64 Duties of coroner who decides not to open inquiry

65 Coroner may decide to open inquiry despite initial decision

66 Which coroner conducts inquiry

67 Chief coroner and Secretary to be notified of inquiry

68 Procedure if person charged with offence

69 Procedure if some other investigation to be conducted

70 Coroner may decide not to open or resume postponed or adjourned inquiry

71 Restrictions on making public of details of self-inflicted deaths

72 Permission referred to in section 71(2)

73 Definitions for sections 71 and 74

74 Coroner may prohibit making public of evidence given at any part of inquiry proceedings

75 Review of coroner's decision as to making public of details, evidence, etc

76 People from whom evidence generally to be heard

77 Hearings on papers and chambers findings

78 Protection for witnesses and counsel

79 Admission and verification of evidence

Inquests

80 Decision to hold inquest

81 Date, etc, and notice of inquest

82 Inquests usually to be before coroner alone

83 Specialist advisers to sit with and help coroners

84 Joint inquests

85 Inquests usually to be public

86 Coroner may exclude people from inquest

87 Coroner may exclude witness until he or she gives evidence

88 Evidence at inquest

89 Others who may cross-examine at inquest

90 Evidence by written statement confirmed by witness

91 Evidence at distance for purposes of inquest

Completion of inquiries

92 Body must be viewed before certain inquiries concluded

93 Certificate of and written reasons for interim findings

94 Certificate of and written reasons for findings

Inquiries or further inquiries ordered by Solicitor-General or High Court

95 Inquiry if coroner has failed or refused to open one

96 Inquiry if new facts discovered

97 Further inquiry if sufficient reason

98 Sections 95 to 97 subject to general jurisdiction

99 Exercise of powers under sections 95 to 97

100 Form and service of orders under sections 95 to 97

101 Coroner must open and conduct inquiry accordingly

102 Procedure at inquiries ordered under sections 95 to 97

Part 4
Appointments, administration, powers, offences and penalties, and technical provisions

106 Acting chief coroner

107 Concurrent office or employment

108 Coroners act full-time unless authorised to act part-time

109 Maximum number of coroners

110 Salaries and allowances

111 When determination under section 110(1) comes into force

112 Resignation

113 Complaints about coroners

114 Removal

Administration

115 Police to help coroners' investigations

116 Responsible department to provide administrative support

Powers

117 Coroners' powers and immunities generally

118 Coroner may call for investigations or examinations or commission reports

119 Coroner may refer death to other investigating authorities

120 Coroner may by written notice require person to supply information or documents or other things

121 Grounds for refusing to comply with written notice

122 Warrant for information, document, or other thing

123 Entry and search under warrant under section 122

124 Duties when executing warrant under section 122

125 Grounds for withholding thing sought by warrant

126 Review of dismissal of claim that section 121(2) applies

127 Limits on use of information, etc, given or produced in response to notice under section 120 or obtained through execution of warrant under section 122

128 Warrant for removal of body

129 Entry and search under warrant under section 128

130 Warrant under section 128 to be produced

131 Power to seize evidence relevant to post-mortem

132 Chief coroner may issue practice notes

133 Chief coroner must designate coroners for specified deaths

Offences and penalties

134 Failure to supply information or documents or other things as required by coroner's notice under section 120

135 False or misleading statements and omissions in certain documents

136 Non-compliance with direction about removal of body

137 Failure or refusal to give report required

138 False or misleading statement for purposes of section 64(3)

139 Publication of information in contravention of section 71 or prohibition under section 74

Technical provisions

140 Regulations

141 Transitional provisions: amendments to Coroners Act 1988 effective day after assent are in Schedule 1

142 Transitional provisions: functions or powers available day after assent are in Schedule 2

143 Coroners Act 1988 repealed

144 Transitional provisions: arrangements effective on and after 1 July 2007 are in Schedule 3

145 Amendments relating to complaints against coroners are in Schedule 4

146 Consequential amendments are in Schedule 5

Schedule 1
Amendments to Coroners Act 1988 effective day after assent

Schedule 2
Functions or powers available day after assent

Schedule 3
Arrangements effective on and after 1 July 2007

Schedule 4
Amendments to Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

Schedule 5
Consequential amendments

Reprint notes

New Zealand Legislation: Acts

Home | Search: Acts Bills Regulations All | Browse: Acts Bills Regulations All | Glossary | About | Guide | Site map | Buy Online

Coroners Act 2006 No 38 (as at 24 January 2009), Public Act

Coroners Act 2006

Note

Contents

Home | Search: Acts Bills Regulations All | Browse: Acts Bills Regulations All | Glossary | About | Guide | Site map | Buy Online