The purpose of this Act is to help to prevent deaths and to promote justice through—

To help to achieve its purpose, this Act—

A coroner’s role in relation to a death is—

The 3 purposes referred to in subsection (1)(e)(i) are—

This section is only a general guide to a coroner’s role.

Every coroner must, so far as it is consistent with justice and practicable to do so, perform or exercise his or her functions, powers, and duties without delay.

In performing or exercising a function, power, or duty, a coroner must have regard to any practice note issued by the chief coroner under section 132 that is relevant to the performance or exercise of the function, power, or duty.

The chief coroner’s main function is to contribute to the integrity and effectiveness of the coronial system provided for by this Act by—

The chief coroner has the following additional functions (which support the chief coroner’s main function):

Part 1 deals with general matters including the purpose and structure of the Act, a coroner’s role, the chief coroner’s functions, definitions, and the application of the Act.

Part 2 deals with deaths that must be reported and post-mortems and, in particular,—

Part 3 deals with the opening and conduct of inquiries into the causes and circumstances of deaths and, in particular,—

Part 4 relates to appointments (including removal of, and complaints about, the chief coroner and other coroners), administration, powers, offences and penalties, and technical matters (including regulations and repeals).

This section is only a guide to the general scheme and effect of this Act.

In this Act, unless the context otherwise requires,—

In this Act, coroner means a person appointed under section 103 and, except as provided in this section, includes—

In the following sections, coroner does not include the chief coroner:

In the following sections, coroner does not, except as provided in section 109(2)(a), include a person who (under section 22(a) of the District Court Act 2016) is a coroner by virtue of holding office as a District Court Judge:

In the following sections, coroner does not include a relief coroner:

This Act is subject to section 19 of the Visiting Forces Act 2004, which applies to inquiries relating to members of visiting forces.

This Act binds the Crown.

Schedule 1 contains transitional and savings provisions relating to amendments made to this Act that affect this Act’s other provisions (see section 143A).

A person who finds a body in New Zealand must report the finding to a Police employee as soon as practicable unless the person believes that the finding is already known to the New Zealand Police, or will be reported to a Police employee by another person.

A person who learns of a death of a kind described in section 14 must report that death to a Police employee as soon as practicable unless the person believes that the death is already known to the New Zealand Police, or will be reported to a Police employee by another person.

However, subsections (1) and (2) do not apply in any case in which the death was a result of assisted dying under the End of Life Choice Act 2019.

Any person may, but is not required to, report an overseas death to a Police employee if—

A death of a kind described in subsection (2) must be reported under section 13(2) if the death occurred in New Zealand or on or from—

The kinds of deaths referred to in subsection (1) are—

For the purposes of subsection (2)(b) and (c), a death is medically unexpected if it would not reasonably have been expected by a health practitioner who—

This subsection applies to a Police employee—

A Police employee to whom subsection (1) applies must, unless excused from doing so by subsection (3), cause the death concerned to be reported immediately—

A Police employee is not required by subsection (2) to cause a death to be reported if he or she believes that the death is already known to, or will be reported by another Police employee to, a coroner.

A coroner (other than the chief coroner) to whom a finding or death is reported under subsection (2)(b) must report it to the chief coroner as soon as practicable.

The responsible coroner must perform every part of the coroner’s role in relation to a death.

However, a duty coroner may from time to time perform or exercise a function, duty, or power on behalf of the responsible coroner.

In this section, duty coroner means a coroner who is, for the time being, authorised by the chief coroner to perform or exercise any function, duty, or power that—

If a death has been reported to a coroner under section 15, the Commissioner of Police must cause to be made all investigations—

In making a direction under subsection (1)(b), the responsible coroner must have regard to the principles set out in section 8 of the Policing Act 2008.

If the Commissioner considers that a coroner’s direction under subsection (1)(b) is unreasonable or unnecessary, the Commissioner may refer the direction to the chief coroner.

If a referral is made under subsection (1B), the Commissioner and the chief coroner must, by agreement, confirm, revoke, or vary the direction.

This section does not limit section 115.

The New Zealand Police has an exclusive right to custody of the body of a person—

Despite subsection (1)(b), the New Zealand Police must ensure that the death is reported to the designated coroner, or another coroner, as soon as practicable.

Nothing in this section affects when the exclusive right can be and is exercised by or on behalf of the New Zealand Police, or prevents the New Zealand Police from exercising on behalf of the responsible coroner his or her right under section 19.

The responsible coroner has an exclusive right to custody of the body of a person—

This section applies to a body if—

The New Zealand Police is responsible, on behalf of the coroner, for co-ordinating the extraction of the body from that location.

For the purposes of a post-mortem of a body directed under section 31, a coroner may give any directions the coroner thinks fit about removal of the body (for example, directions about the removal of the body to a mortuary or morgue).

A coroner is not required to view any body.

A coroner may direct a pathologist to perform a preliminary inspection of a body.

The purpose of a preliminary inspection is to enable the pathologist to advise the coroner about whether to direct a post-mortem under section 31.

The pathologist may use medical imaging as part of a preliminary inspection if access to medical imaging technology is readily available.

Nothing in this section limits the coroner’s power to direct a post-mortem under section 31.

In this section,—

To facilitate effective liaison with the immediate family on the duties and processes required by law to be performed or followed in relation to the death, the coroner may, on a request by, or on behalf of, the immediate family, recognise and, after recognition, liaise mainly with, 1 or more representatives of the immediate family.

The coroner may recognise under this section only the smallest number of representatives necessary to represent fairly the interests of all the different members of the immediate family.

No recognition under this section is effective until the coroner is given a proposed representative’s name and contact details.

Nothing in this section requires the performance or exercise of functions, powers, or duties in relation to the death to be delayed until a representative is recognised, or until his or her details are given to the coroner.

The responsible coroner must take all reasonable steps to give interested parties notice, as soon as practicable, of significant matters that relate to the carrying out of the duties and processes required by law to be performed or followed in relation to a death.

A failure to comply with this section does not affect the validity of any action taken by or on behalf of the coroner.

The significant matters referred to in section 23(1) include, without limitation,—

For representatives recognised under section 22, and any member of the dead person’s immediate family who has asked to be notified of matters and has provided contact details to the coroner, the significant matters also include—

This section applies to a body if—

This subsection applies to the following people:

One or more people to whom subsection (2) applies may view, touch, or remain with or near the body, but only—

The coroner must take into account the matters specified in subsection (2) in determining—

The matters referred to in subsection (1) are—

The coroner must (without charge) give a member of a dead person’s immediate family a copy of the pathologist’s report if—

The coroner may, at the request of a member of the dead person’s immediate family, authorise a pathologist to contact the family to explain, or answer questions in relation to, the pathologist’s report.

A copy of the report (whether it is, or contains, information withheld under subsection (1)(d), or not) may be requested, and made available, in accordance with section 29.

On a written request for the purpose made to the responsible department, any person may, without charge, during ordinary office hours inspect and, on payment of the charge (if any) fixed by an officer or employee of the responsible department under section 30, obtain a copy of a certificate or notice given to the Secretary under this Act and that is—

A copy may be obtained under subsection (1) despite a prohibition under section 74 (which empowers the coroner to prohibit the making public of evidence given at any part of inquiry proceedings), but nothing in this section permits a person to make public any information in contravention of section 71 or 74.

Subsections (1) and (2) apply to the following certificates and notices given to the Secretary under the Coroners Act 1988 (but, for the purposes of this subsection, the references in subsection (2) to sections 74 and 71 must be read as references to sections 25(2)(b) and 29 of that Act respectively):

On a written request for the purpose made to the responsible department, any person may, without charge, during ordinary office hours inspect and, on payment of the charge (if any) fixed by an officer or employee of the responsible department under section 30, obtain a copy of any document (for example, a pathologist’s report on a post-mortem) that—

The availability of documents requested under subsection (1) must be determined,—

Nothing in this section authorises—

Subsections (1) to (3) apply to the following (but, for the purposes of this subsection, the references in subsection (3) to sections 74 and 71 must be read as references to sections 25(2)(b) and 29 of the Coroners Act 1988 respectively):

No charge may be fixed under this section for a request under section 28(1) or 29(1) made by the individual to whom the information concerned relates.

This subsection applies to a request under section 28(1) or 29(1) that is not made by the individual to whom the information concerned relates.

An officer or employee of the responsible department must determine under this section what (if any) charge to fix for a request to which subsection (2) applies.

Any charge fixed must be reasonable and regard may be had—

The responsible department may require that the whole or part of any charge fixed be paid in advance.

A coroner may direct a pathologist to perform a post-mortem of a body—

Where more than 1 death appears to have occurred as a result of a single event or a series of related events, a coroner—

If a coroner proposes to direct a post-mortem under this section, section 33 (right in some cases to object to post-mortem) may apply to that post-mortem and section 34(1)(d) (procedure for objections under section 33) may prohibit the coroner from directing that the post-mortem be performed.

The pathologist must not be a doctor who, to the coroner’s knowledge, was a doctor who attended the person concerned immediately before death.

If, in accordance with section 37, the coroner so directs, the pathologist must perform the post-mortem immediately.

As soon as practicable after completing the post-mortem, the pathologist must give the coroner a written report on the results of the post-mortem.

In deciding whether to direct a post-mortem under section 31, a coroner must have regard to the following matters:

This section applies to a post-mortem of a body that a coroner proposes to direct under section 31 be performed unless the coroner proposes to direct that the post-mortem be performed immediately (in accordance with section 37) because (together with any other good reason) any delay would or may limit the pathologist’s ability to determine the cause of death.

Every member of the immediate family of the person who is, or of a person who is suspected to be, the dead person concerned has, in the situation specified in subsection (3), a right to object to the post-mortem.

The situation referred to in subsection (2) is that the coroner is, after having made all reasonable investigations, satisfied that, in the particular circumstances,—

If a coroner determines that members of the immediate family have, under section 33, a right to object to the post-mortem,—

If, 24 hours after the coroner determines that members of the immediate family have, under section 33, a right to object to the post-mortem, the coroner has received objections under section 33, he or she must as soon as practicable—

The coroner may direct under section 31 that the post-mortem be performed if, 48 hours after the objectors were advised under subsection (2)(b) that the coroner still wishes to direct that the post-mortem be performed, none of them has lodged an objection under this subsection in the High Court.

In calculating the 48-hour period in subsection (3), hours count only if they are hours of working days.

An objection under subsection (3) is lodged by originating application in the manner provided by the High Court Rules 2016.

Judges of the High Court and employees of the Ministry of Justice must ensure an objection lodged in the High Court under section 34(3) (the objection) is disposed of as a matter of priority and urgency.

The Registrar must allocate a date for the hearing of the objection that is no later than 1 working day after the date on which the objection is lodged.

If the objection is lodged at a Registry of the High Court in a place where no High Court Judge is at that time available, the Registrar must ensure that the objection is dealt with in some other place within the time limit referred to in subsection (2); and any other Registrar or employee of the Ministry of Justice whose help is sought by the Registrar in whose Registry the application is filed has a corresponding obligation.

If subsection (3) applies, the Registrar must—

Subsections (3) and (4) apply in substitution for any provision of the High Court Rules 2016 relating to the transfer of notices of application filed at a time when a Judge is not present.

The High Court must either uphold the objection, or dismiss it by ordering that the coroner may direct under section 31 that the post-mortem be performed.

A pathologist who is directed under section 31 to carry out a post-mortem must carry out a full internal and external examination of the body unless the coroner, in the relevant direction under section 31, requires only a lesser examination (in which case the pathologist must comply with the direction).

The pathologist may otherwise carry out the post-mortem as he or she thinks fit.

Before requiring only a lesser examination in the relevant direction under section 31, the coroner must—

If satisfied that there is good reason to do so, a coroner may, under section 31, direct a pathologist to perform a post-mortem immediately.

Good reason may exist for the purposes of subsection (1)—

Subsection (2) does not limit subsection (1).

The following persons are the only persons who may attend a post-mortem of a body that a coroner has directed a pathologist to perform under section 31:

No doctor, nurse, or funeral director is responsible for the conduct of, or may participate in otherwise than by observing, a post-mortem just because he or she attends the post-mortem as a representative in accordance with subsection (1)(d) or (e).

In section 38 and this section,—

A coroner may, by written notice to a doctor who attended a person before death, require the doctor to give the coroner a written report (containing information specified in the notice) relating to the person.

The information specified in a notice under subsection (1) may include, without limitation, the dead person’s health information (as defined in section 22B of the Health Act 1956).

The Solicitor-General may apply to the High Court for an order that a pathologist be directed under section 31 by the Solicitor-General to perform a post-mortem of a body.

On an application under subsection (1), the High Court may order that a pathologist be directed under section 31 by the Solicitor-General to perform a post-mortem of a body, but only if the High Court is satisfied that—

A pathologist must perform a post-mortem of a body if the pathologist is, in accordance with an order of the High Court under subsection (2), directed under section 31 by the Solicitor-General to perform the post-mortem of the body.

Despite section 42(1) (release of bodies), if an order is made under subsection (2),—

The following sections apply to a direction under subsection (4)(a) as if it were a direction by a coroner under section 20:

The following sections apply to a post-mortem ordered to be directed to be performed under this section as if the Solicitor-General were a coroner who had directed the pathologist concerned to perform it:

The responsible coroner must, if not prohibited from doing so by section 43 or 44, authorise the release of the body concerned as soon as he or she is satisfied that it is no longer necessary to withhold it from family members.

The coroner may, if not prohibited from doing so by section 43 or 44, authorise the release of the body.

The coroner’s authorisation must be—

A body whose release a coroner has authorised under this section may be released accordingly.

A coroner who decides not to direct a pathologist to perform a post-mortem of a body under section 31 must not authorise its release under section 42 earlier than 24 hours after notifying a constable of the decision.

Subsection (1) does not apply if a constable of the level of position of senior sergeant or above agrees to the coroner authorising the release of the body within the 24-hour period referred to in that subsection.

A coroner who directs a pathologist to perform a post-mortem of a body under section 31 and who knows the pathologist wishes to retain a body part or bodily sample under section 48(2) must not authorise the release of the body under section 42 without first having determined as soon as practicable whether the retention of the part or sample is permitted by section 48(2).

A coroner may authorise the release of a child under section 42 (and references in this Act to the body must be taken to include a reference to the child) if—

This section applies to a body transported to another location in accordance with a coroner’s direction, or for the purposes of a post-mortem directed under section 31.

The responsible department is responsible for—

This section does not prevent the responsible department from meeting any other costs of transporting the body.

A pathologist may, with no further authority than this section, receive or remove a body part, take a bodily sample, or both, if the pathologist believes on reasonable grounds that the receipt, removal, or taking concerned is necessary for the purposes of a post-mortem of a body directed by a coroner under section 31.

A body part removed, or bodily sample taken, by a pathologist for the purposes of the post-mortem must be as small as possible for the kind of analysis or examination for which the part is removed or the sample is taken.

The number of body parts received or removed, bodily samples taken, or both, must be no greater than is necessary for the purposes of the post-mortem.

Nothing in this section prevents any other receipt, removal, or taking of a part or sample authorised by law.

This section applies to a body if—

The pathologist is, when the body is released, permitted to retain the body part or bodily sample, but only if—

The pathologist must notify the coroner if the pathologist retains, or intends to retain, a part or sample under subsection (2)(a).

In this section, minute, in relation to a body part or bodily sample, has the meaning given by the Secretary by notice.

A notice under subsection (4) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

A coroner may authorise the retention of a body part or bodily sample under section 48(2)(b) only in writing signed by the coroner, and only if the pathologist has first notified the coroner in writing of—

This section applies if, under section 48(2)(a) or (b), a pathologist intends to retain, or has retained, a body part or bodily sample from a dead person’s body.

A responsible coroner must, before the release of the body, give notice of the intention to retain a part or sample if, due to the nature of the part or sample, the coroner considers that it is appropriate to give notice before the body is released.

Unless the coroner has given notice under subsection (2), the coroner must, on or immediately after the release of the body, give notice that a part or sample has been retained.

A notice under this section must be given to every representative of the immediate family recognised under section 22 and must—

In considering whether to request the return of a part or sample, members of the dead person’s immediate family may, with the coroner’s approval, contact the pathologist for further information about the part or sample (including information about how the part or sample has been dealt with and how it may be dealt with if it is not returned).

A failure to comply with this section does not affect the validity of any action taken by or on behalf of the coroner.

In ascertaining whether the family members or other people to whom the body is to be released object to a proposal under section 48(2)(c) to retain a part or sample for a specified purpose, the pathologist must advise them that, if they do not object to the proposal, they—

This section applies to a request, under section 50 or 51, for the return of a body part or bodily sample.

If the request is not expressly confined to 1 or more specified parts or samples, it must be treated as seeking the return of all parts and samples retained in relation to the body concerned.

The request need not describe specifically or technically the part or sample, but must be in writing and may, but need not, be in a form approved for the purpose by the chief coroner.

A pathologist who is not permitted by section 48 to retain a body part or bodily sample must, to the extent that it has not been destroyed in the course of analysis conducted for the purposes of the post-mortem,—

This section is subject to section 54.

A part or sample referred to in section 53 or 55 may be retained, or may be returned subject to specified conditions (for example, conditions relating to the storage of the part or sample in a sealed container) if, in the pathologist’s opinion, returning it, or returning it otherwise than subject to the specified conditions, would endanger the health or safety of the public or a member of the public.

No part or sample referred to in section 53, 55, or 56 may be returned or disposed of under that section unless—

This section applies to a part or sample whose return is sought by a request under section 50 or 51.

The part or sample must, to the extent that it has not been destroyed in the course of analysis conducted for the purpose for which it was retained, be returned to the makers of the request when—

However, the part or sample need not be returned, and may be used and disposed of under section 56, if the makers of the request cannot, after all reasonable efforts for the purpose have been made, be located.

Subsection (3) overrides subsection (2).

This section is subject to section 54.

This section applies to a part or sample retained under section 48(2) if—

The part or sample may, to the extent that it has not been destroyed in the course of analysis conducted for the purpose for which it was taken, and without further authority than this section, be retained and used by the pathologist for any or all of the following purposes:

Subsection (2) does not prevent other retention and use authorised by law.

The part or sample must be disposed of by the pathologist as soon as is reasonably convenient if the part or sample—

This section is subject to section 54.

A coroner opens and conducts an inquiry (including any related inquest) for the 3 purposes stated in this section, and not to determine civil, criminal, or disciplinary liability.

The first purpose is to establish, so far as possible,—

The second purpose is to make recommendations or comments (see section 57A).

The third purpose is to determine whether the public interest would be served by the death being investigated by other investigating authorities in the performance or exercise of their functions, powers, or duties, and to refer the death to them if satisfied that the public interest would be served by their investigating it in the performance or exercise of their functions, powers, or duties.

A responsible coroner may make recommendations or comments in the course of, or as part of the findings of, an inquiry into a death.

Recommendations or comments may be made only for the purpose of reducing the chances of further deaths occurring in circumstances similar to those in which the death occurred.

Recommendations or comments must—

Before making a recommendation or comment under section 57A, a coroner must—

The chief coroner must record any comments (or summaries of those comments) made by persons or organisations notified under subsection (1) in the register of recommendations and comments maintained under section 7(2)(e).

To avoid doubt, the chief coroner may make the comments made by a person or organisation publicly available, via the register or otherwise, without the approval of that person or organisation.

A coroner may, in the course of, or as part of the findings of, an inquiry, comment on the conduct, in relation to the circumstances of the death concerned, of any person.

The coroner must not comment adversely on a dead person without—

The coroner must not comment adversely on a living person, corporation sole, body corporate, or unincorporated body without—

Notifications, or opportunities to be heard, required to be given to a body corporate or unincorporated body must be given to an officer or other representative of the body who is, or appears to be, authorised by the body for the purpose.

This section overrides sections 57 to 57B, but is subject to section 68 (procedure if person charged with offence).

The responsible coroner in relation to a death may open an inquiry into the death if the death occurred, or is likely to have occurred, within the last 100 years and—

This section is subject to section 59A, except that subsection (1)(c)(ii) overrides section 59A(1).

A coroner must not open an inquiry into an overseas death unless the coroner is reasonably satisfied that—

A coroner must not open an inquiry into a death if the coroner is satisfied that the death—

A coroner must adjourn an inquiry if, during the course of the inquiry, the coroner determines that the death to which the inquiry relates is likely to have occurred in the circumstances described in subsection (2).

Subsections (2) and (3) apply unless the Attorney-General directs the coroner to carry out an investigation, or to resume an inquiry, into the cause and circumstances of the death.

Before the Attorney-General directs a coroner to carry out an investigation, or to resume an inquiry, the Attorney-General must, without limitation, consider—

If the Attorney-General directs a coroner to carry out an investigation, or to resume an inquiry, the coroner may open or resume an inquiry, but its only purpose is to establish, so far as possible, the particulars specified in section 4(2)(a).

In this section,—

A responsible coroner must open and conduct an inquiry into a death if—

This section is subject to sections 59 and 59A.

The responsible coroner must decide whether to open an inquiry into a death.

This section is subject to the following sections:

In deciding whether to open and conduct an inquiry, a coroner must have regard to the following matters:

A coroner who decides not to open an inquiry into a death must notify the Secretary, in the prescribed form, of the decision.

The prescribed form must contain or have attached to it (as the case requires) the prescribed information (which must include the coroner’s reasons for the decision).

The prescribed form must also be accompanied by a written statement as to the identity of the person concerned and that—

A coroner who, after deciding not to open an inquiry, becomes satisfied (whether because of information not available at the time of deciding, or for any other reason) that it is desirable to open an inquiry into the death concerned, may do so.

Clause 14 of Schedule 3 empowers a coroner to open an inquiry under this section following a decision under section 20 of the Coroners Act 1988 not to hold an inquest.

A coroner who opens an inquiry under any of sections 60, 62, and 65, or in accordance with an order under any of sections 95 to 97, must notify the following, in the prescribed form, that the inquiry has been opened:

This subsection applies to a responsible coroner in relation to a death who—

A coroner to whom subsection (1) applies may—

A coroner who has under subsection (2) postponed or adjourned an inquiry must not open or proceed with it until criminal proceedings against the person have been finally concluded (as defined in subsection (6)).

Subsections (2) and (3) do not limit or affect sections 44 and 45 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 (which require the coroner to notify a Registrar of the death).

Despite subsection (3), a coroner who has under subsection (2) postponed or adjourned an inquiry may later open or resume it if satisfied that—

Criminal proceedings are finally concluded for the purposes of this section if no appeal (or, as the case requires, no further appeal) can be made in the course of the proceedings unless the High Court, Court of Appeal, or Supreme Court grants an extension of time.

This subsection applies to a responsible coroner in relation to a death who is satisfied that—

A coroner to whom subsection (1) applies may—

A coroner who has under subsection (2) postponed or adjourned an inquiry may open or resume it if satisfied that—

This section does not limit section 119.

This subsection applies to an inquiry that is postponed or adjourned under either of the following sections:

A coroner may decide, or the chief coroner may direct the coroner, not to open or resume an inquiry to which subsection (1) applies.

Before making a decision or a direction under subsection (2), the coroner or the chief coroner (as applicable) must be satisfied that the matters specified in section 57(2)(a) to (e) have, in respect of the death concerned, been adequately established in the course of the relevant criminal proceedings or investigation.

A coroner who decides, or who is directed, under subsection (2) not to open or resume an inquiry must give the Secretary written notice that the inquiry will not be opened or resumed.

This section applies in respect of a death if—

No person may, unless the person is granted an exemption under section 71A or has permission under section 72, make public—

Despite subsection (2)(c),—

In this section, self-inflicted, in relation to a death, does not include a death that was the result of assisted dying under the End of Life Choice Act 2019 (see section 36 of that Act, which restricts making public details of assisted dying deaths).

A person may apply to the chief coroner for an exemption from the restrictions (specified in section 71(2)) applying to the publication of details of self-inflicted deaths.

On receiving an application under subsection (1), the chief coroner—

The chief coroner may grant an applicant an exemption from all or any of the restrictions in section 71(2) only if the chief coroner is satisfied that—

To ensure an application is dealt with promptly, the chief coroner may carry out any communications necessary for processing the application in person or by way of remote access (such as by telephone, video, or Internet link).

The chief coroner must keep a written record of—

For the purposes of section 71(2), this section gives permission for—

In sections 71 and 74,—

If satisfied that it is in the interests of justice, decency, public order, or personal privacy to do so, a coroner may prohibit the making public of—

This subsection applies to a person affected by—

A person to whom subsection (1) applies may apply to a High Court Judge for a review of the refusal or prohibition.

Until the Judge reaches a decision on the application, the refusal or prohibition concerned continues in effect.

The Judge may (as the case requires), in the Judge’s absolute discretion and on any ground the Judge thinks fit,—

An authority may be issued under subsection (4)(a) unconditionally, or subject to conditions the Judge thinks fit.

For the purposes of an inquiry, a coroner must (at an inquest or otherwise) receive evidence from any person—

The evidence received may be expert evidence.

Subsection (1) is subject to the rest of this Act.

A coroner may, instead of holding an inquest, hold a hearing on the papers and make chambers findings if the coroner—

The persons to whom the coroner must give notice under subsection (1)(a) are—

A coroner who has given notice under subsection (1)(a) must hold an inquest instead of holding a hearing on the papers and making chambers findings if he or she receives a notification of the kind referred to in subsection (1)(b).

The following have the same privileges and immunities as witnesses and counsel in courts of law:

A coroner may, for the purposes of an inquiry, admit any evidence the coroner thinks fit, whether or not it would be admissible in a court of law.

Despite subsection (1), a coroner must not admit any evidence for the purposes of an inquiry unless satisfied that its admission is necessary or desirable for the purposes stated in section 57 (purposes of inquiries).

Evidence given by a witness for the purposes of an inquiry must, if it is admitted by the coroner and not given at an inquest held for the purposes of the inquiry, be put into writing, read over by or to the witness, and signed by the witness.

A coroner conducting an inquiry into a death must decide whether to hold an inquest for the purposes of the inquiry.

Without limiting subsection (1), a coroner deciding whether to hold an inquest into a death must consider whether either, or both, of the following applies:

A coroner who decides under this section not to hold an inquest must comply with section 77.

A coroner who decides to hold an inquest for the purposes of an inquiry must—

A coroner who becomes aware before or during the inquest that an interested party was not given notice under subsection (1) must—

In fixing under this section the place for an inquest, the coroner must have regard to the location (if known) where the death concerned appears to have occurred, and to the locations of the residences or principal places of business of all persons who the coroner knows—

A failure to comply with subsection (1) or subsection (2) does not affect the validity of any action taken by or on behalf, or at the direction, of a coroner.

Subsection (4) does not limit or affect sections 95 to 97 (inquiries or further inquiries ordered by Solicitor-General or High Court).

Every inquest must be held before a coroner alone.

This section is subject to section 83.

If satisfied that it is desirable to do so, the chief coroner may, on the recommendation of a coroner, appoint a cultural, legal, medical, or other specialist adviser to sit with and help the coroner at an inquest by giving advice.

The coroner’s recommendation that a specialist adviser be appointed must be made after having regard to any relevant practice notes issued under section 132 by the chief coroner.

The specialist adviser must give the advice—

The appointment of a specialist adviser ends when the coroner conducting the inquiry concerned completes and signs a certificate of findings in relation to the death concerned.

Advice given by a specialist adviser may be given any weight the coroner thinks fit.

This subsection applies to a coroner who opens 2 or more separate inquiries relating to 2 or more deaths arising out of the same incident or series of incidents.

A coroner to whom subsection (1) applies may, if he or she thinks fit to do so, decide to hold a single inquest for the purposes of the separate inquiries referred to in that subsection.

A joint inquest held in accordance with a decision under subsection (2) is conducted in the same way as any other inquest, except that in holding the inquest the coroner must have regard to any relevant practice notes issued under section 132 by the chief coroner.

Every inquest must be held in a place that is open to the public.

This section is subject to sections 74, 86, and 87.

A coroner may exclude any person or people from all or a part of an inquest.

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 the inquest is being held until required to give evidence.

A person who gives evidence at an inquest—

Any interested party may, personally or by counsel, cross-examine witnesses at an inquest.

This section is subject to sections 86 and 87, and does not affect the coroner’s powers to regulate the procedure of, or maintain order at, the inquest.

A witness at an inquest may give any evidence by tendering a previously prepared written statement and confirming it on oath or affirmation if—

A witness who gives evidence at an inquest under subsection (1) may be cross-examined as if it had been given orally; and the written statement concerned forms part of the depositions of the inquest.

This subsection applies to a coroner who—

A coroner to whom subsection (1) applies 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.

A coroner or Justice taking evidence under subsection (2) has the same powers in respect of taking it as the coroner holding the inquest concerned, and must give notice under section 81 (date, etc, and notice of inquest) of the taking of the evidence as if it were the inquest concerned.

The following sections apply to the taking of evidence under subsection (2) as if it were being taken at an inquest:

Evidence given by a witness under subsection (2) and admitted by a coroner or Justice must be put into writing, read over to or by the witness, and signed by the witness and the coroner or Justice, who must send it to the coroner holding the inquest concerned; and that coroner must receive it and act upon it as if it had been given and admitted at the inquest concerned.

No coroner may issue a certificate of interim findings, or conclude an inquiry, unless satisfied that the body of the person concerned—

Subsection (1) does not apply to an inquiry the opening of which was authorised by the Solicitor-General under section 59(1)(c)(ii).

Before concluding an inquiry, the coroner conducting it may, after considering all the evidence admitted to date for the purposes of the inquiry, and in the light of the purposes stated in section 57, complete and sign a certificate of interim findings in relation to the death concerned.

The certificate of interim findings must be in the prescribed form, which must require the coroner to state in writing the reasons for his or her interim findings.

The coroner must send the completed and signed certificate of findings to the Secretary.

The coroner conducting and completing an inquiry must—

The certificate of findings must be in the prescribed form, which must require the coroner to state in writing the reasons for his or her findings.

The certificate of findings may differ from, and once issued supersedes, any certificate of interim findings issued by the coroner in relation to the death concerned.

The coroner must send the completed and signed certificate of findings to the Secretary, together with—

The coroner must provide a copy of the completed and signed certificate of findings, together with any recommendations or comments, to—

If a coroner conducting an inquiry into a death has not, in respect of the death, completed and signed a certificate of findings under section 94 within 1 year of the date on which the death was reported to the coroner, the chief coroner—

The chief coroner must, at regular intervals, publish—

In addition to the information specified in subsection (1), the chief coroner must publish an explanation of the process by which a person can find out the status of an inquiry in relation to which an inquest, or a hearing on the papers, has been held but a certificate of findings has not yet been completed and signed.

If satisfied that an inquiry is necessary or desirable and that the responsible coroner has failed or refused to open one, the Solicitor-General or the High Court may order an inquiry to be opened; and in that case an inquiry must be opened and conducted.

This section is subject to clause 15 of Schedule 3.

If satisfied that since a coroner decided not to open an inquiry into a death new facts have been discovered that make it desirable to open one and that one has not been opened under section 65 (coroner may decide to open inquiry despite initial decision), the Solicitor-General may order one to be opened; and in that case an inquiry must be opened and conducted.

This section is subject to clause 16 of Schedule 3.

If satisfied that 1 or more inquiries have been conducted into a death but another should be conducted because of fraud, rejection of evidence, irregularity of proceedings, or discovery of new facts, or for any other sufficient reason, the Solicitor-General or the High Court may order another to be opened; and in that case another must be opened and conducted.

This section is subject to clause 17 of Schedule 3.

Sections 95 to 97 are subject to section 59.

The Solicitor-General’s powers under sections 95 to 97 may be exercised on his or her own initiative, but the High Court’s powers under those sections may be exercised only on an application made for the purpose by the Solicitor-General under the section concerned.

An order under any of sections 95 to 97 must be in writing, and must either—

The coroner on whom an order is served in accordance with section 100 must open and conduct the inquiry concerned accordingly.

The findings of an inquiry conducted pursuant to any of sections 95 to 97 replace the findings at every previous inquiry (if any) conducted in respect of the death concerned.

Except to the extent that the Solicitor-General or the High Court may have ordered otherwise under section 95 or 96 or 97, all depositions taken for the purposes of any former inquiry into a death must be deemed to have been taken for the purposes of an inquiry into the death held pursuant to that section.

Except as provided in this section and sections 95 to 97, an inquiry held pursuant to any of those sections must be held in the same manner as any other inquiry.

A coroner may, if satisfied that it is in the interests of justice to do so, permit remote participation through the use of audio or audio-visual links.

If a coroner permits remote participation in respect of a matter, the Courts (Remote Participation) Act 2010 applies as if—

The Governor-General may from time to time, by warrant, appoint fit and proper people to be coroners.

Each one of those people must have held a practising certificate as a barrister or solicitor for at least 5 years.

The appointment must be made on the advice of the Attorney-General, given after consultation with the Minister.

Every coroner vacates that office, if he or she has not earlier done so in another way, on attaining the age of 70 years.

However, a former coroner of or over the age of 70 years may be reappointed for 1 term that—

The Governor-General may from time to time, by warrant, appoint fit and proper people to be relief coroners.

Each one of those people must have held a practising certificate as a barrister or solicitor for at least 5 years.

The appointment must be for a period not exceeding 5 years, but the person is eligible for reappointment.

The appointment must be made on the advice of the Attorney-General, given after consultation with the Minister.

Every relief coroner vacates that office, if he or she has not earlier done so in another way, on attaining the age of 70 years.

However, a former coroner or a former relief coroner of or over the age of 70 years may be appointed or reappointed as a relief coroner for 1 term that—

The number of relief coroners (which is unaffected by the maximum number of coroners permitted by section 109(1)), and their locations, are determined from time to time by the Minister on the advice of the chief coroner.

A relief coroner acts in the place of, or helps, a coroner, but only when authorised to do so by the chief coroner.

A relief coroner who is acting in the place of a coroner may rely on actions by, or steps involving, the coroner, as if they were actions by, or steps involving, the relief coroner.

The Governor-General must, by warrant, appoint a fit and proper person as chief coroner.

No person can be appointed under this section as chief coroner unless he or she is a District Court Judge or coroner immediately before being appointed as chief coroner, or is appointed as a coroner when appointed as the chief coroner.

The appointment must be made on the advice of the Attorney-General, given after consultation with the Minister.

The appointment must be for a period not exceeding 8 years, and the person is not eligible for reappointment.

The person’s appointment as chief coroner ceases if he or she ceases to hold office as a coroner.

With the Governor-General’s prior approval, the chief coroner may by written notice to the Attorney-General resign from the office of chief coroner but continue in office as a coroner.

Despite subsection (4), the chief coroner continues in office until he or she resigns or his or her successor comes into office.

To avoid doubt, a person does not cease to hold office as a coroner solely because the person’s appointment as chief coroner comes to an end.

The Governor-General may, on the advice of the Attorney-General, appoint a coroner as deputy chief coroner for a term that does not exceed 5 years.

Where there is a vacancy in the role of chief coroner or the chief coroner is for any other reason absent from duty, the deputy chief coroner may, unless an acting chief coroner has been appointed, perform or exercise all or any of the functions, duties, and powers of the chief coroner.

Without limiting subsection (2), the deputy chief coroner may at any time perform or exercise any function, duty, or power of the chief coroner that has been delegated by the chief coroner to the deputy chief coroner.

The fact that a deputy chief coroner purports to perform or exercise, or to have performed or exercised, any function, duty, or power under this section is, in the absence of proof to the contrary, sufficient evidence of the deputy chief coroner’s authority to do so.

The Governor-General may appoint another coroner to act as chief coroner until the chief coroner resumes the performance and exercise of the functions, powers, and duties of that office if the chief coroner is, by illness, absence from New Zealand, or by some other cause, prevented from performing and exercising those functions, powers, and duties.

The Attorney-General must publish information explaining his or her processes for—

The chief coroner must, after consulting the Attorney-General, develop and publish a protocol specifying—

The protocol may specify different employment or offices, or types of employment or types of offices, for relief coroners and other coroners.

A coroner may hold another judicial office but must not undertake any other paid employment or hold any non-judicial office (whether paid or not) unless that employment or office is of a type specified in the protocol as being compatible with being a coroner.

The chief coroner must, after consulting the Attorney-General, develop and publish guidelines to assist coroners to decide if they should recuse themselves from an inquiry.

A coroner acts as a coroner full-time unless he or she is authorised by the Attorney-General to act part-time.

The Attorney-General may, in accordance with subsection (4), authorise a coroner appointed under section 103 (coroners) or section 104 (relief coroners) to act part-time for any specified period.

To avoid doubt, an authorisation under subsection (2) may take effect as from a coroner’s appointment or at any other time, and may be given more than once in respect of the same coroner.

The Attorney-General may (after consultation with the Minister) authorise a coroner to act part-time only—

In considering whether to concur under subsection (4)(b), the chief coroner must have regard to the need for coronial investigations to be conducted in an orderly and expeditious way.

A coroner who is authorised to act part-time must resume acting full-time at the end of the authorised part-time period.

The basis on which a coroner acts must not be altered during the term of the coroner’s appointment without the coroner’s consent, but consent under this subsection is not necessary if the alteration is required by subsection (6).

Nothing in this section applies to a person who (under section 22(a) of the District Court Act 2016) is a coroner by virtue of holding office as a District Court Judge.

The maximum number of coroners is 22.

For the purposes of subsection (1),—