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Coroners Amendment Act 2016
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Coroners Amendment Act 2016
Public Act
2016 No 29
Date of assent
21 June 2016
Commencement
see section 2
Contents
1
Title
2
Commencement
3
Principal Act
Part 1
Amendments to Parts 1 and 2
Subpart 1—Amendments to Part 1 (general provisions)
4
Section 3 amended (Purpose of this Act)
5
Section 4 amended (Coroner’s role)
6
Section 7 replaced (Chief coroner’s functions)
7
Chief coroner’s functions
7
Section 9 amended (Interpretation)
8
Section 10 amended (Coroner defined)
9
New section 12A inserted (Transitional and savings provisions relating to amendments to this Act)
12A
Transitional and savings provisions relating to amendments to this Act
Subpart 2—Amendments to Part 2 (deaths to be reported and post-mortems)
10
Sections 13 and 14 replaced
13
Duty to report deaths
14
Deaths that must be reported under section 13(2)
11
Section 15 replaced (Reporting of deaths to coroner by police)
15
Reporting of deaths to coroner by Police
12
Section 16 replaced (Chief coroner to designate replacement designated coroner or report death to original designated coroner)
16
Responsible coroner
13
Section 17 amended (Investigations by police)
14
Section 18 replaced (When police have exclusive right to custody of body)
18
When New Zealand Police has exclusive right to custody of body
15
Section 19 replaced
19
When responsible coroner has exclusive right to custody of body
19A
Police responsible for co-ordinating extraction of body
16
New section 21A and cross-heading inserted
Preliminary inspections
21A
Coroner may direct preliminary inspection
17
Section 22 amended (Representative for liaison with immediate family)
18
Sections 23 and 24 replaced
23
Coroner must give interested parties notice of significant matters
24
Significant matters referred to in section 23(1)
19
Section 25 amended (Viewing, touching, or remaining with or near body in coroner’s custody)
20
Section 27 amended (Family may request pathologist’s report on post-mortem)
21
Section 28 amended (Any person may access specified certificates and notices)
22
Section 31 amended (Coroner may direct post-mortem)
23
Section 36 amended (Nature of post-mortem)
24
Section 38 amended (Who may attend post-mortem)
25
Section 39 amended (Definitions for section 38)
26
Section 40 amended (Coroner may require person’s doctor to report)
27
Section 41 amended (High Court may order post-mortem in certain circumstances)
28
Section 42 amended (Release of bodies)
29
Section 43 amended (Restriction on release if no post-mortem directed)
30
Section 46 amended (Costs of transporting body moved for post-mortem, etc)
31
Section 48 amended (Retention of parts and samples on release of body)
32
Section 50 replaced (Coroner must notify family, etc, of retention, and of right to request return, of retained parts and samples)
50
Coroner must notify immediate family of retention, and of right to request return, of parts and samples
33
Section 54 amended (Restrictions on return and disposal)
34
Section 55 amended (Return on request of retained parts and samples)
Part 2
Amendments to Parts 3 and 4
Subpart 1—Amendments to Part 3 (inquiries into causes and circumstances of deaths)
35
Section 57 amended (Purposes of inquiries)
36
New sections 57A and 57B inserted
57A
Recommendations or comments by coroners
57B
Coroner must consult certain persons or organisations on recommendations or comments
37
Section 58 amended (Adverse comments by coroners)
38
Section 59 replaced (Jurisdiction of coroners to open inquiries)
59
Jurisdiction of coroners to open inquiries
59A
Limits on coroners’ jurisdiction to open inquiries
39
Section 60 replaced (Deaths into which inquiries must be opened)
60
Deaths into which inquiries must be opened
40
Section 61 repealed (Deaths where coroner may decide not to open inquiries)
41
Section 62 amended (Other deaths)
42
Section 64 amended (Duties of coroner who decides not to open inquiry)
43
Section 66 repealed (Which coroner conducts inquiry)
44
Section 68 amended (Procedure if person charged with offence)
45
Section 69 amended (Procedure if some other investigation to be conducted)
46
Sections 70 and 71 replaced
70
Coroner may decide not to open or resume postponed or adjourned inquiry
71
Restrictions on making public details of self-inflicted deaths
71A
Chief coroner may grant exemption from restrictions in section 71
47
Section 75 amended (Review of coroner’s decision as to making public of details, evidence, etc)
48
Section 77 replaced (Hearings on papers and chambers findings)
77
Hearings on papers and chambers findings
49
Section 80 replaced (Decision to hold inquest)
80
Decision to hold inquest
50
Section 81 amended (Date, etc, and notice of inquest)
51
Section 89 amended (Others who may cross-examine at inquest)
52
Section 92 replaced (Body must be viewed before certain inquiries concluded)
92
Body must be viewed before certain inquiries concluded
53
Section 94 amended (Certificate of and written reasons for findings)
54
New sections 94A and 94B inserted
94A
Chief coroner to monitor inquiries not completed within 1 year
94B
Chief coroner to publish information regarding certain inquiries for which findings not completed
55
Section 95 amended (Inquiry if coroner has failed or refused to open one)
Subpart 2—Amendments to Part 4 (appointments, administration, powers, offences and penalties, and technical provisions)
56
Section 103 amended (Coroners)
57
Section 104 amended (Relief coroners)
58
New section 105A inserted (Deputy chief coroner)
105A
Deputy chief coroner
59
New section 106A inserted (Attorney-General to publish information concerning coronial appointment process)
106A
Attorney-General to publish information concerning coronial appointment process
60
Section 107 replaced (Concurrent office or employment)
107
Concurrent office or employment
107A
Recusal
61
New section 116A inserted (Establishment and constitution of suicide and media expert panel)
116A
Establishment and constitution of suicide and media expert panel
62
Section 122 amended (Warrant for information, document, or other thing)
63
Section 123 amended (Entry and search under warrant under section 122)
64
Section 124 amended (Duties when executing warrant under section 122)
65
Section 128 amended (Warrant for removal of body)
66
Section 129 amended (Entry and search under warrant under section 128)
67
Section 130 amended (Warrant under section 128 to be produced)
68
Section 131 amended (Power to seize evidence relevant to post-mortem)
69
Section 132 amended (Chief coroner may issue practice notes)
70
Section 133 replaced (Chief coroner must designate coroners for specified deaths)
133
Chief coroner must designate coroners for specified kinds of deaths
133A
Appointment of responsible or replacement coroner
71
Section 139 replaced (Publication of information in contravention of section 71 or prohibition under section 74)
139
Publication of information in contravention of section 71
139A
Publication of information in contravention of section 74
72
Sections 141 and 142 repealed
73
New section 143A inserted (Transitional and savings provisions: arrangements effective after commencement of Coroners Amendment Act 2016 are in Schedule 1)
143A
Transitional and savings provisions: arrangements effective after commencement of Coroners Amendment Act 2016 are in Schedule 1
74
Schedules 1 and 2 replaced
75
Consequential amendments
Schedule 1
Schedules 1 and 2 replaced
Schedule 2
Consequential amendments
Legislative history
Administrative information
The Parliament of New Zealand enacts as follows: