New Zealand Legislation: Acts
Acts are laws made by Parliament
In this Act, unless the context otherwise requires,—
bodily sample, in relation to a body,—
(a) means a sample or specimen (whether of a body part, or of any other thing that is in or on the body, or of both) taken from the body by a pathologist after the death of the person concerned; and so
(b) includes a sample or specimen so taken of blood or tissue, urine or other bodily fluids, or contents of the stomach or bowel, and a sample or specimen so taken that is, or is part of, the following:
(i) any thing that is, or is in or on, an item of clothing on the body:
(ii) a weapon, or other foreign item or substance (for example, a surgical implant, including a cardiac pacemaker or other biomechanical aid), that is in or on the body
body means a dead person, but—
(a) includes a part of a person (whether or not the person's identity is known when the part is discovered or is later determined)—
(i) without which no person can live; or
(ii) discovered in such circumstances or such a state that it is probable that the person is dead; and
(b) does not include a dead foetus or a still-born child (as those terms are defined in section 2 of the Births, Deaths, Marriages, and Relationships Registration Act 1995); and
(c) for the purposes of an authorisation for release under section 42, does not include any body part or bodily sample retained in accordance with section 48(2)
body part, in relation to a body,—
(a) means any part of the body (whether separated from the body before, on, or after the death concerned); and so
(b) includes a part so received or removed that is an organ, limb, hand, foot, or digit
chief coroner means the person appointed under section 105; and includes a person appointed as the acting chief coroner under section 106
coroner has the meaning given to it by section 10
craft includes any aircraft, ship, boat, or other machine or vessel, used or capable of being used for the carriage or transportation of persons or goods, or both, by air or water or over or under water
death, in relation to reporting to a member of the police or a coroner, includes the finding of a body
death in official custody or care means a death described in any of paragraphs (e) to (l) of section 13(1) (deaths that must be reported under section 14(2))
designated coroner, in relation to a death,—
(a) means the coroner designated by the chief coroner under section 133 to receive reports of, and perform every other part of the coroner's role in relation to, all deaths in the area in which the death occurred or that fall into another specified class into which the death falls; and
(b) includes a replacement designated coroner designated by the chief coroner under sections 16(2)(a) and 133
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
immediate family, in relation to a dead person,—
(a) means members of the dead person's family, whānau, or other culturally recognised family group, who—
(i) were in a close relationship with the person; or
(ii) had, in accordance with customs or traditions of the community of which the person was part, responsibility for, or an interest in, the person's welfare and best interests; and
(b) to avoid doubt, includes persons whose relationship to the dead person is, or is through 1 or more relationships that are, that or those of—
(i) spouse, civil union partner, or de facto partner of the dead person:
(ii) child, parent, guardian, grandparent, brother, or sister of the dead person:
(iii) stepchild, stepparent, stepbrother, or stepsister of the dead person
inquest means a hearing held by a coroner in connection with an inquiry opened and conducted by a coroner under Part 3
inquiry means an inquiry into a death opened and conducted by a coroner under Part 3; and includes any related inquest held by the coroner
investigation, in relation to a death and a coroner, means every function, power, or duty the coroner may or must perform or exercise in relation to the death, including, without limitation, the coroner's functions, powers, or duties relating to—
(a) a post-mortem of the body concerned; and
(b) an inquiry into the death; and
(c) an inquest related to an inquiry into the death
irrecoverable means impossible or impracticable to recover
listed pathologist means a pathologist whose name appears on the list maintained by the chief coroner under section 7(d)
marae includes the area of land on which all buildings such as the wharenui (meeting house), the wharekai (dining room), ablution blocks, and any other associated buildings are situated
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
New Zealand—
(a) means the land and the waters enclosed by the outer limits of the territorial sea of New Zealand (as described in section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977); and
(b) includes the Ross Dependency
other investigating authority, in relation to a death, means an authority (other than a coroner) permitted or required by law to investigate the death; and includes, without limitation, any of the following authorities:
(a) the Commissioner as defined in section 4(1) of the Children's Commissioner Act 2003:
(b) the Civil Aviation Authority of New Zealand established by section 72A of the Civil Aviation Act 1990:
(c) the Corporation as defined in section 39 of the Injury Prevention, Rehabilitation, and Compensation Act 2001:
(d) the Director or a Deputy Director or a district inspector as defined in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992:
(e) a district inspector as defined in section 5(1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003:
(f) the Health and Disability Commissioner appointed under section 8 of the Health and Disability Commissioner Act 1994:
(g) the Director or an officer as defined in section 2 of the Food Act 1981:
(h) an inspector appointed under section 29(1) of the Health and Safety in Employment Act 1992:
(i) the New Zealand Transport Agency established by section 93 of the Land Transport Management Act 2003:
(j) a Medical Officer of Health under the Health Act 1956:
(k) the authority known as Maritime New Zealand continued by section 429 of the Maritime Transport Act 1994:
(l) the Independent Police Conduct Authority established under section 4 of the Independent Police Conduct Authority Act 1988:
(m) the Transport Accident Investigation Commission established by section 3 of the Transport Accident Investigation Commission Act 1990:
(n) a Royal Commission, or a commission of inquiry appointed by an Order in Council made under the Commissions of Inquiry Act 1908, or a commission of inquiry or board of inquiry or court of inquiry or committee of inquiry appointed, pursuant to, or by, any provision of an Act
pathologist—
(a) means a doctor who is competent to perform post-mortems because his or her scope of practice (as defined in section 5(1) of the Health Practitioners Competence Assurance Act 2003) includes the branch of medicine of pathology; and
(b) in relation to a post-mortem directed under section 31, means the pathologist directed to perform the post-mortem; and includes another pathologist who, with a coroner's authorisation under section 38(1)(b), is attending, participating in, and helping with, the post-mortem
post-mortem means a post-mortem examination
relief coroner means a person appointed under section 104
Remuneration Authority means the Authority established by section 4(1) of the Remuneration Authority Act 1977
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
Secretary means the chief executive of the responsible department
specified recommendations or comments means, in relation to a death, recommendations or comments by the designated coroner on either or both of the following:
(a) the avoidance of circumstances similar to those in which the death occurred:
(b) the way in which any people should act in circumstances of that kind
vehicle means a conveyance for use on land, whether or not it is also capable of being used on or over water.
Compare: 1988 No 111 s 2
Section 9 body paragraph (b): amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Section 9 other investigating authority paragraph (i): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 9 other investigating authority paragraph (l): amended, on 29 November 2007, by section 26 of the Independent Police Conduct Authority Amendment Act 2007 (2007 No 38).
