New Zealand Legislation: Acts

128 Warrant for removal of body

• (1) A District Court Judge may issue a warrant for the removal of a body from a specified place (including, without limitation, a dwellinghouse or marae), craft, or vehicle if satisfied on an application in writing made on oath by a member of the police that—

  • (a) a coroner (other than the District Court Judge) has given directions about the removal of the body under section 20; and

  • (b) there are reasonable grounds to believe that the body is being held in or on that place, craft, or vehicle contrary to the directions; and

  • (c) the New Zealand Police has, despite having already used negotiation and all other means that are reasonable in the circumstances, failed to secure the release of the body from that place, craft, or vehicle in accordance with the directions.

  (2) The warrant must be in the prescribed form, and must be—

  • (a) directed to and executed by specified members of the police; or

  • (b) directed to the New Zealand Police and executed by any member or members of the police.

  (3) The warrant may be issued subject to any reasonable conditions the District Court Judge specifies in it.