New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 7 July 2010
| Public Act | 2006 No 38 |
| Date of assent | 29 August 2006 |
| Commencement | see section 2 |
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.
5 Coroners must perform their duties without delay
6 Coroners must have regard to relevant practice notes
11 Application of Act to deaths of members of visiting forces
Part 2
Deaths to be reported and post-mortems
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
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
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
37 Post-mortem may be performed early in some cases
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
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
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
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
81 Date, etc, and notice of inquest
82 Inquests usually to be before coroner alone
83 Specialist advisers to sit with and help coroners
85 Inquests usually to be public
86 Coroner may exclude people from inquest
87 Coroner may exclude witness until he or she gives evidence
89 Others who may cross-examine at inquest
90 Evidence by written statement confirmed by witness
91 Evidence at distance for purposes of inquest
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
107 Concurrent office or employment
108 Coroners act full-time unless authorised to act part-time
109 Maximum number of coroners
111 When determination under section 110(1) comes into force
115 Police to help coroners' investigations
116 Responsible department to provide administrative support
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
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
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
