Coroners Bill. Government Bill. As reported from the Justice and Electoral Committee. Commentary

Transcription

1 Coroners Bill Government Bill As reported from the Justice and Electoral Committee Recommendation Commentary The Justice and Electoral Committee has examined the Coroners Bill and recommends, by majority, that it be passed with the amendments shown. Introduction The bill repeals and replaces the Coroners Act It establishes the office of chief coroner and a body of legally qualified, mostly full-time coroners. The bill reforms the coronial regime and creates comprehensive systems of inquiry and inquest. It recognises the rights of families and places emphasis on cultural and spiritual sensitivity. The bill establishes procedures for the retention and release of body parts and bodily samples. We acknowledge the service that has been provided by coroners and by Justices of the Peace acting as relief coroners. Many have spent countless hours in service in this role which is an important part of the existing coronial system. This commentary focuses on the main amendments we recommend to the bill and outlines the main issues we considered. It does not cover minor or technical amendments

2 2 Coroners Commentary Families and the coronial system We believe that the interests and sensitivity of a dead person s family should be respected by coroners when carrying out their functions. We heard from a number of submitters who, while dealing with the emotional stress created by the death of a family member, faced what they considered was unacceptable treatment or procedural delay. We expect that the new coronial regime will address concerns about several matters that have sometimes compounded families emotional distress. We believe that a dedicated and professional body of coroners, as established by this bill, will cater better to the emotional needs of bereaved people, and we expect that sensitivity towards grieving families will be standard practice under the new coronial regime. Definition of immediate family We recommend including civil union partners in the definition of immediate family. We considered whether other extensions to the definition of immediate family were needed to include other types of close relationship. The definition in the bill as introduced is broadly stated to ensure that all possible types of relationship are included. The term immediate family is understood differently in different family, cultural, and social groups. In the interest of greater sensitivity and transparency, we consider that the definition of immediate family should be permissive enough to accommodate all pertinent relationships. Addressing concerns of Maori A number of submissions expressed the concerns of Maori about several areas of the bill. We expect that many of these concerns will be addressed during implementation of the bill. We note that the intention of the bill is to address the distinct spiritual and cultural needs of Maori as far as possible in keeping with the purpose and function of the coronial regime. Timeliness of the coronial process We recommend that clause 4A be inserted requiring coroners to act without delay in the execution of their duties as far as is consistent with justice and practicable. We believe that an obligation to avoid delay on the part of the coroner will encourage the timely resolution

3 Commentary Coroners 3 of coronial inquiries, enhance public confidence in the coronial process, and minimise suffering for grieving families. Body parts and bodily samples We recommend that clause 7 be amended to clarify the definitions of body parts and bodily samples that can be taken and retained for pathological examination. We consider that broad terms such as body parts and bodily samples are often misunderstood, and this could cause emotional distress for families. Detailed definitions of body parts and bodily samples will help ensure that families clearly understand these terms. We recommend that a pathologist be able to retain body parts and bodily samples for the purposes of the post-mortem after the body has been released. Body parts and bodily samples that are larger than minute could be retained only with the authority of the coroner. We consider it important that there be a distinction between minute parts and samples and larger parts and samples. In all cases, the immediate family must be notified of the intention to retain the parts and samples. We recommend that the immediate family of a dead person, or other people to whom the body will be returned, be entitled to request the return of body parts and bodily samples once they are no longer required. The request should be granted if the return of the parts or samples does not pose a threat to public safety or prejudice any investigation into the death. Making public of details of self-inflicted deaths Clause 61 of the bill as introduced provides that no person may make public specific details in cases of suspected or established selfinflicted death without the coroner s authority. Making public includes publishing on an Internet site that is generally accessible to the public. The bill provides that the coroner may authorise the making public of particulars of a self-inflicted death only if that is consistent with public safety. We considered amending the bill to permit more detail about selfinflicted deaths to be made public, as some submitters had suggested that greater transparency might lead to better understanding of the issues relating to self-inflicted death. However, we remained concerned about the implications for public safety and the possible

4 4 Coroners Commentary consequences of such a change, and support some restriction continuing in the interest of public safety. We note that family members of the deceased would be covered by the provisions restricting making public details of a self-inflicted death. People who wanted to make public the details of the selfinflicted death of a family member would have to apply to the coroner for authorisation. We expect that, when considering whether or not to authorise the making public of details of a self-inflicted death, coroners would weigh carefully the interests of family members of the deceased and the potential risk to public safety if particular details were made public. Register of coronial recommendations We recommend the insertion of a provision to establish a register of coronial recommendations or summaries of such recommendations, and require that it be maintained as a part of the chief coroner s duties. This register should be available for public inspection. A register of coronial recommendations will help relevant organisations and the public to access findings readily, and facilitate the analysis of, and implementation of, such findings. We believe that this will enhance the ability of coroners to prevent similar deaths. Chief coroner s practice notes We recommend that all coroners be required to have regard to any practice note issued by the chief coroner that is relevant to the execution of their duties. We consider that this will inform and promote consistency of coronial practice. Access to pathologists reports on post-mortems We recommend that a coroner be able to refuse a request from the immediate family of a deceased person for a copy of the pathologist s report on a post-mortem, but only if it contains information that the police have requested that the coroner withhold to avoid prejudice to the enforcement of the criminal law. Fixing of dates and places of inquests We recommend the insertion of clause 71(1A) that requires a coroner to adjourn an inquest if he or she becomes aware of a person who has sufficient interest in the inquiry and was not given notice of the inquest. The coroner must fix new dates and a new place for the

5 Commentary Coroners inquest, and issue a new notice of the inquest. This would enable the person in question to prepare for, and travel to, the inquest. We consider that this will result in a fairer, more practical, and more effective coronial regime. We also recommend the insertion of clause 71(1B). This clause requires the coroner, when fixing the place for an inquest, to have regard to, among other matters, the locations of family members, interested people, and witnesses. We consider it important that coronial practice be flexible in fixing the location of an inquest so that the interests of justice, practicality, and sensitivity are served. Issue of warrants The bill provides that a coroner may serve a notice on a person requiring that person to supply documents, information, or other things. It also provides that a District Court Judge may issue a search warrant if satisfied that such a notice has not been complied with. We recommend that the bill provide for the issue of a warrant if a Judge is satisfied that a notice would not be complied with, and there are reasonable grounds to believe that the purpose of the warrant would be defeated if it were preceded by issue of a notice. Disestablishment of current coroners positions Under the new coronial system, approximately full-time, legally qualified coroners would replace the current approximately 60, mostly part-time, coroners. The current coronial positions would be disestablished. We were advised that any sufficiently qualified coroner would be eligible to apply for re-employment as a full-time coroner under the new regime. We considered the disestablishment of current coroners, who are appointed by the Governor-General by warrant. We were advised by the Ministry of Justice that such an action would not be unconstitutional. New Zealand National minority view There is one aspect of the Bill which concerns National members. It relates to clause 132 and Schedule 3 of the bill. Two clauses in Schedule 3 are relevant. Clause 2 provides that on the repeal of the Coroners Act 1988, every former coroner vacates office. Clause 3 provides that no former coroner is entitled to compensation for loss of office.

6 6 Coroners Commentary It is important to record that under the existing Coroners Act, coroners were appointed by the Governor-General by warrant. They had tenure until reaching the age of 68 (later modified to 72) and until 04 when a change was made to the legislation they had the powers, privileges, authorities, and immunities of a District Court Judge exercising jurisdiction under the Summary Proceedings Act 197. Significantly and reflecting the protection given to judicial offices, they could only be removed from office for inability or misbehaviour. The Ministry of Justice has taken the view that cancelling their warrants by statute is not unconstitutional. Even if that view is correct, we think that particular care should be taken to respect constitutional provisions which have for their purpose the protection of the separation of powers doctrine. We do not doubt that a number of coroners would have made commitments on the basis of their security of tenure. That is now to be threatened if they are unsuccessful in reapplying for appointment. In those circumstances we think compensation for loss of office is not unreasonable. Appendix Committee process The Coroners Bill was referred to the previous Justice and Electoral Committee on 14 December 04. The closing date for submissions was 12 August 0. We received and considered submissions from interested groups and individuals. We heard submissions. Hearing of evidence took hours 1 minutes and consideration took 6 hours and 12 minutes. Committee membership Lynne Pillay (Chairperson) Christopher Finlayson (Deputy Chairperson) Russell Fairbrother Ann Hartley Nandor Tanczos Nicky Wagner Dr Richard Worth

7 Coroners Key to symbols used in reprinted bill As reported from a select committee Struck out (unanimous) Subject to this Act, Text struck out unanimously New (majority) Subject to this Act, Text inserted by a majority New (unanimous) Subject to this Act, Text inserted unanimously (Subject to this Act,) Subject to this Act, Subject to this Act, Words struck out unanimously Words inserted by a majority Words inserted unanimously

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9 Hon Rick Barker Coroners Bill Government Bill Contents Page 1 Title 6 2 Commencement 6 Part 1 General provisions 3 Purpose of this Act 6 4 Coroner s role 7 4A Coroners must perform their duties without delay 8 4B Coroners must have regard to relevant practice notes 9 Chief coroner s functions 9 6 Overview of this Act 7 Interpretation 11 8 Coroner defined 17 9 Application of Act to deaths of members of visiting forces 18 Act binds the Crown 18 Part 2 Deaths to be reported and post-mortems Reporting of deaths 11 Deaths that must be reported under section 12(2) Reporting of deaths to police Reporting of deaths to coroner by police Chief coroner to designate replacement designated coroner or report death to original designated coroner 22 1 Investigations by police 22 Custody and removal of bodies 16 When police have exclusive right to custody of body When designated coroner has exclusive right to custody of body Directions about removal of body Coroner not required to view body 23 Interests of families and other relevant people or organisations Representative for liaison with immediate family Coroner must give family representative, immediate family, and certain others notice of significant matters

10 Coroners 22 Significant matters referred to in section 21(1) 2 23 Viewing, touching, or remaining with or near body in coroner s custody 2 24 Matters to be taken into account under section 23(2) 26 2 Family may request pathologist s report on post-mortem Any person may access specified certificates and notices Access to other documents given to Secretary Charges for copies under section 26 or section 27 Post-mortems Coroner may direct post-mortem Criteria for decision whether to direct post-mortem Right in some cases to object to post-mortem Procedure for objections under section Procedure for objection in High Court Nature of post-mortem 34 3 Post-mortem may be performed early in some cases Who may attend post-mortem Definitions for section Coroner may require person s doctor to report High Court may order post-mortem in certain circumstances Release of bodies, and retention and return of body parts and bodily samples Release of bodies 39 40A Restriction on release if no post-mortem directed 39 40B Restriction on release if parts or samples to be retained 39 40C Release of still-born children Costs of transporting body moved for post-mortem, etc Receipt, removal, and taking of parts and samples Retention of parts and samples on release of body 43 43A Coroner s authorisation under section 43(2)(b) 44 43B Coroner must notify family, etc, of retention, and of right to request return, of retained parts and samples 44 43C Pathologists proposing to retain parts or samples under section 43(2)(c) must advise of right to request return 4 43D Requests for return of retained parts and samples 4 44 Parts and samples whose retention is not permitted must generally be returned when body released 46 4 Restrictions on return and disposal 46 4A Return on request of retained parts and samples Use and disposal of retained parts or samples whose return is not requested 47 2

11 Coroners Part 3 Inquiries into causes and circumstances of deaths Inquiries 47 Purposes of inquiries Adverse comments by coroners Jurisdiction of coroners to open inquiries 0 0 Deaths into which inquiries must be opened 0 1 Deaths where coroner may decide not to open inquiries 0 2 Other deaths 1 3 Decision whether to open and conduct inquiry 1 4 Duties of coroner who decides not to open inquiry 2 Coroner may decide to open inquiry despite initial decision 2 6 Which coroner conducts inquiry 3 7 Chief coroner and Secretary to be notified of inquiry 3 8 Procedure if person charged with offence 3 9 Procedure if some other investigation to be conducted 4 60 Coroner may decide not to open or resume postponed or adjourned inquiry 61 Restrictions on making public of details of self-inflicted deaths 6 62 Permission referred to in section 61(2) 6 63 Definitions for sections 61 and Coroner may prohibit making public of evidence given at any part of inquiry proceedings 8 6 Review of coroner s decision as to making public of details, evidence, etc 8 66 People from whom evidence generally to be heard 8 67 Hearings on papers and chambers findings 9 68 Protection for witnesses and counsel 9 69 Admission and verification of evidence 60 Inquests 70 Decision to hold inquest Date, etc, and notice of inquest Inquests usually to be before coroner alone Specialist advisers to sit with and help coroners Joint inquests 63 7 Inquests usually to be public Coroner may exclude people from inquest Coroner may exclude witness until he or she gives evidence Evidence at inquest Others who may cross-examine at inquest Evidence by written statement confirmed by witness 64 3

12 Coroners 81 Evidence at distance for purposes of inquest 6 Completion of inquiries 82 Body must be viewed before certain inquiries concluded 6 83 Certificate of and written reasons for interim findings Certificate of and written reasons for findings 66 Inquiries or further inquiries ordered by Solicitor- General or High Court 8 Inquiry if coroner has failed or refused to open one Inquiry if new facts discovered Further inquiry if sufficient reason Sections 8 to 87 subject to general jurisdiction Exercise of powers under sections 8 to Form and service of orders under sections 8 to Coroner must open and conduct inquiry accordingly Procedure at inquiries ordered under sections 8 to Part 4 Appointments, administration, powers, offences and penalties, and technical provisions Appointments 93 Coroners Relief coroners 69 9 Chief coroner Acting chief coroner Concurrent office or employment Coroners act full-time unless authorised to act part-time Maximum number of coroners 72 0 Salaries and allowances 72 1 When determination under section 0(1) comes into force 73 2 Resignation 73 3 Complaints about coroners 74 4 Removal 74 Administration Police to help coroners investigations 7 6 Responsible department to provide administrative support 7 Powers 7 Coroners powers and immunities generally 7 8 Coroner may call for investigations or examinations or commission reports 76 9 Coroner may refer death to other investigating authorities 76 4

13 Coroners 1 Coroner may by written notice require person to supply information or documents or other things Grounds for refusing to comply with written notice Warrant for information, document, or other thing Entry and search under warrant under section Duties when executing warrant under section A Grounds for withholding thing sought by warrant B Review of dismissal of claim that section 111(2) applies Limits on use of information, etc, given or produced in response to notice under section 1 or obtained through execution of warrant under section Warrant for removal of body Entry and search under warrant under section Warrant under section 116 to be produced Power to seize evidence relevant to post-mortem 86 1 Chief coroner may issue practice notes Chief coroner must designate coroners for specified deaths 88 Offences and penalties 122 Failure to supply information or documents or other things as required by coroner s notice under section False or misleading statements and omissions in certain documents Non-compliance with direction about removal of body Failure or refusal to give report required False or misleading statement for purposes of section 4(3) Publication of information in contravention of section 61 or prohibition under section Technical provisions 128 Regulations Transitional provisions: amendments to Coroners Act 1988 effective day after assent are in Schedule Transitional provisions: functions or powers available 6 months after assent are in Schedule Coroners Act 1988 repealed Transitional provisions: arrangements effective 12 months after assent are in Schedule Amendments relating to complaints against coroners are in Schedule Consequential amendments are in Schedule 91 Schedule 1 92 Amendments to Coroners Act 1988 effective day after assent

14 cl 1 Coroners Schedule 2 93 Functions or powers available 6 months after assent Schedule 3 94 Arrangements effective 12 months after assent Schedule 4 98 Amendments to Judicial Conduct Commissioner and Judicial Conduct Panel Act 04 Schedule 99 Consequential amendments The Parliament of New Zealand enacts as follows: 1 Title This Act is the Coroners Act Commencement (1) Sections 1 to 3 and 129 and Schedule 1 come into force on the day after the date on which this Act receives the Royal assent. (2) Section 1 and Schedule 2 come into force on the day that is 6 months after the date on which this Act receives the Royal assent. (3) The rest of this Act comes into force on the day that is 12 months after the date on which it receives the Royal assent. Part 1 General provisions 3 Purpose of this Act (1) The purpose of this Act is to help to prevent deaths and to promote justice through (a) investigations, and the identification of the causes and circumstances, of sudden or unexplained deaths, or deaths in special circumstances; and (b) the making of specified recommendations or comments (as defined in section 7) that, if drawn to public attention, may reduce the chances of the occurrence of other deaths in circumstances similar to those in which those deaths occurred. (2) To help to achieve its purpose, this Act 1 6

15 Coroners Part 1 cl 4 (a) identifies deaths that must be reported to a coroner and the process for reporting and investigating those deaths: (b) recognises both (i) the cultural and spiritual needs of family of, and of others who were in a close relationship to, a person who has died; and (ii) the public good associated with a proper and timely understanding of the causes and circumstances of deaths: (c) provides for an independent coronial system for investigations of deaths by coroners liaising with other authorities permitted or required by law to investigate those deaths: (d) repeals and replaces the Coroners Act Coroner s role (1) A coroner s role in relation to a death is (a) to receive a report of the death from the New Zealand Police; and (b) to decide whether to direct a post-mortem and, if one is directed, to determine whether to authorise certain people (other than the pathologist) to attend; and (c) to authorise the release (and return) of the body (including determining, if a post-mortem has been directed, whether the pathologist wishes and is permitted, on the (return) release of the body, to retain body parts or bodily samples); and (d) to decide whether to open an inquiry (and, if one is to be conducted, whether an inquest should be held); and (e) if an inquiry is to be opened and conducted, (i) to open and conduct it for the 3 purposes stated in subsection (2) (and in section 47), and not to determine civil, criminal, or disciplinary liability; and (ii) to determine related matters such as whether to prohibit (publication) the making public of evidence and whether to authorise the making public of certain particulars of deaths suspected or found to be self-inflicted deaths; and (iii) on completing it, to complete and sign a certificate of findings in relation to the death; and (f) to give members and representatives of the immediate family of the person who is, or of a person who is

16 Part 1 cl 4 Coroners suspected to be, the dead person concerned, and certain others, notice of significant matters in the carrying out of the duties and processes required by law to be performed or followed in relation to the death. (2) The 3 purposes referred to in subsection (1)(e)(i) are (a) to establish, so far as possible, (i) that a person has died; and (ii) the person s identity; and (iii) when and where the person died; and (iv) the causes of the death; and (v) the circumstances of the death; and (b) to make specified recommendations or comments (as defined in section 7) that, in the coroner s opinion, may, if drawn to public attention, reduce the chances of the occurrence of other deaths in circumstances similar to those in which the death occurred; and (c) 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. 1 Struck out (unanimous) (3) 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 1 that is relevant to the performance or exercise of the function, power, or duty. 2 (4) This section is only a general guide to a coroner s role. New (unanimous) 4A Coroners must perform their duties without delay 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. 8

17 Coroners Part 1 cl 4B New (unanimous) Coroners must have regard to relevant practice notes 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 1 that is relevant to the performance or exercise of the function, power, or duty. Chief coroner s functions The chief coroner s main function is to help to ensure the integrity and effectiveness of the coronial system provided for by this Act, and, in order to carry out his or her main function, the chief coroner has the following additional functions: (a) to help to ensure coroners investigations are conducted in an orderly and expeditious way by overseeing them, and by facilitating the provision and co-ordination of support services and of necessary or desirable cultural, legal, medical, or other specialist advice: (b) to advise the responsible department on, and help it to make arrangements to meet, coroners needs for information and for initial and continuing professional education and training: (c) to designate coroners (and replacement designated coroners) to receive reports of, and perform every other part of the coroner s role in relation to, deaths in a particular area or that fall into another specified class: (d) to maintain a list of names of pathologists who are willing to perform post-mortems: (e) to designate other coroners to conduct inquiries where there is some good reason why the coroners to whom the deaths have been reported should not conduct them: (f) to authorise coroners to open and conduct inquiries or further inquiries required by orders under sections 8 to 87, and to serve those orders on those coroners: (g) to advise the Minister on the numbers and locations of relief coroners, and to authorise them to act in the place of, or help, coroners: (h) to (issue) help to inform and achieve consistency in coronial decision-making and other coronial conduct by issuing practice notes:

18 Part 1 cl Coroners New (unanimous) (ha) (i) (j) (k) (l) (m) to set up and maintain a register, open for public inspection at all reasonable times, of summaries of coroners specified recommendations or comments (as defined in section 7): to perform the functions of a Head of Bench under the Judicial Conduct Commissioner and Judicial Conduct Panel Act 04 in relation to the exercise by coroners (except for those who are District Court Judges) of the judicial authority conferred on them by this Act: to provide coroners and others with general information and advice to help planning and preparation for (i) an emergency (as defined in the Civil Defence Emergency Management Act 02); and (ii) response and recovery in the event of an emergency (as so defined): to help to avoid unnecessary duplication and expedite investigation of deaths by liaison, and encouragement of co-ordination (for example, through development of protocols), with other investigating authorities and other official bodies or statutory officers: to help, by education, publicity, and liaison with the public, to promote understanding of, and co-operation with, the coronial system provided for by this Act: any other additional function conferred or imposed by any other enactment Overview of this Act (1) 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. (2) Part 2 deals with deaths that must be reported and postmortems and, in particular, (a) (b) custody and removal of bodies: interests of families and other relevant people or organisations:

19 Coroners Part 1 cl 7 Struck out (unanimous) (c) return or retention of bodies, body parts, and bodily samples. New (unanimous) (c) release of bodies, and retention and return of body parts and bodily samples. (3) Part 3 deals with the opening and conduct of inquiries into the causes and circumstances of deaths and, in particular, (a) holding of inquests, and completion of inquiries: (b) inquiries or further inquiries ordered by the Solicitor- General or the High Court. (4) 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. 1 7 Interpretation In this Act, unless the context otherwise requires, Struck out (unanimous) bodily sample, in relation to a body, means a sample (whether of a body part, or of any other thing that is in or on the body, or of both) taken from the body New (unanimous) 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 2 11

20 Part 1 cl 7 Coroners (b) New (unanimous) 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, and Marriages Registration Act 199); and (c) for the purposes of an authorisation for release under section 40, does not include any body part or bodily sample retained in accordance with section 43(2) 1 Struck out (unanimous) body part, in relation to a body, means any part of the body New (unanimous) 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 2 12

21 Coroners Part 1 cl 7 chief coroner means the person appointed under section 9; and includes a person appointed as the acting chief coroner under section 96 coroner has the meaning given to it by section 8 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 New (unanimous) death in official custody or care means a death described in any of paragraphs (e) to (l) of section 11(1) (deaths that must be reported under section 12(2)) designated coroner, in relation to a death, (a) means the coroner designated by the chief coroner under section 121 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 14(2)(a) and 121 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 03 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

22 Part 1 cl 7 Coroners (b) Struck out (unanimous) to avoid doubt, includes a person whose relationship to the dead person was, or was through, that of spouse or de facto partner (whether the partner and dead person were of the same sex or different sexes), child or stepchild, brother or step-brother, sister or step-sister, parent or step-parent or guardian, or grandparent (b) New (unanimous) 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 1 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 (d) marae includes the area of land on which all buildings such as the wharenui (meeting house), the wharekai (dining room), 2 14

23 Coroners Part 1 cl 7 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 03: (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 01: (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 (1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 03: (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:

24 Part 1 cl 7 Coroners Struck out (unanimous) (i) the Land Transport Safety Authority of New Zealand continued by section 184 of the Land Transport Act 1998: New (unanimous) (i) Land Transport New Zealand established by section 66 of the Land Transport Management Act 03: (j) a Medical Officer of Health under the Health Act 196: (k) the authority known as Maritime (Safety Authority of) New Zealand continued by section 429 of the Maritime Transport Act 1994: (l) the Police Complaints Authority established under section 4 of the Police Complaints 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, (and not) or by, any provision of an Act pathologist (a) means a doctor who is competent to perform postmortems because his or her scope of practice (as defined in section (1) of the Health Practitioners Competence Assurance Act 03) includes the branch of medicine of pathology; and (b) in relation to a post-mortem directed under section 29, means the pathologist directed to perform the postmortem; and includes another pathologist who, with a coroner s authorisation under section 36(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 94 Remuneration Authority means the Authority established by section 4(1) of the Remuneration Authority Act

25 Coroners Part 1 cl 8 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 8 Coroner defined (1) In this Act, coroner means a person appointed under section 93 and, except as provided in this section, includes (a) (b) the chief coroner; and a person who (under section 8(d) of the District Courts Act 1947) is a coroner by virtue of holding office as a District Court Judge; and (c) a relief coroner. (2) In the following sections, coroner does not include the chief coroner: (a) section 9((1))(2) (appointment of chief coroner): (b) section 96 (acting chief coroner): (c) section 97 (concurrent office or employment): (d) sections 9() and 0(4) (resignation as chief coroner but not as coroner): (e) section 2 (resignation). (3) In the following sections, coroner does not, except as provided in section 99(2)(a), include a person who (under section 8(d) of the District Courts Act 1947) is a coroner by virtue of holding office as a District Court Judge: (a) section 98 (coroners act full-time unless authorised to act part-time): (b) section 99 (maximum number of coroners): (c) section 0 (salaries and allowances):

26 Part 1 cl 8 (d) Coroners section 2 (resignation): New (unanimous) (e) section 4 (removal). (4) In the following sections, coroner does not include a relief coroner: (a) section (chief coroner s functions): (b) section 94 (relief coroners): (c) section 97 (concurrent office or employment): (d) section 99 (maximum number of coroners). 9 Application of Act to deaths of members of visiting forces This Act is subject to section 19 of the Visiting Forces Act 04, which applies to inquiries relating to members of visiting forces. Compare: 1988 No 111 s 3A Act binds the Crown This Act binds the Crown. Part 2 Deaths to be reported and post-mortems Reporting of deaths 11 Deaths that must be reported under section 12(2) (1) This section applies to the following deaths if, and only if, they are deaths to which subsection (2) applies: (a) (b) Without known cause, suicide, or unnatural or violent every death that appears to have been without known cause, or suicide, or unnatural or violent: For which no doctor s certificate given every death in respect of which no doctor has given a doctor s certificate (as defined in section 2 of the Births, Deaths, and Marriages Registration Act 199):

27 Coroners Part 2 cl 11 (c) (c) (d) (e) (f) During medical, surgical, or dental operation, treatment, etc every death that occurred while the person concerned was undergoing a medical, surgical, or dental operation or procedure or some similar operation or procedure, or that appears to have been a result of any such operation or procedure, or that occurred while the person was affected by an anaesthetic, or that appears to have been a result of the administration to the person of an anaesthetic or of a medicine (as defined in section 3 of the Medicines Act 1981): New (unanimous) every death (i) that occurred while the person concerned was undergoing a medical, surgical, dental, or similar operation or procedure; or (ii) that appears to have been the result of an operation or procedure of that kind; or (iii) that appears to have been the result of medical, surgical, dental, or similar treatment received by that person; or (iv) that occurred while that person was affected by an anaesthetic; or (v) that appears to have been the result of the administration to that person of an anaesthetic or a medicine (as defined in section 3 of the Medicines Act 1981): any death that occurred while the woman concerned was giving birth, or that appears to have been a result of (the) that woman (concerned) being pregnant or giving birth: In official (institution or residence) custody or care the death of a patient required to be detained in an institution pursuant to an order under section 9 of the Alcoholism and Drug Addiction Act 1966: the death of a child or young person the chief executive has, under section 36 of the Children, Young Persons,

28 Part 2 cl 11 Coroners and Their Families Act 1989, placed in a residence established under section 364 of that Act: (In official custody, care, charge, or detention) (g) the death of a child or young person while that child or young person (i) is in the custody or care of an Iwi Social Service or a Cultural Social Service, or the Director of a Child and Family Support Service, pursuant to section 43 or section 78 or section 1 or section 139 or section 140 or section 141 or section 234 or section 238 or section 34 of the Children, Young Persons, and Their Families Act 1989; or (ii) is in the charge of any person or organisation pursuant to section 362 of that Act: (h) the death of any patient as defined in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992: (i) the death of any proposed care recipient or care recipient as defined in section (1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 03: (j) the death of a prisoner as defined in section 3(1) of the Corrections Act 04: (k) the death of a person in the custody of the New Zealand Police: (l) the death of a person under the control of a security officer as defined in section 3(1) of the Corrections Act 04. (2) This subsection applies only to deaths that occurred in New Zealand or that are deaths on or from (a) an aircraft registered in New Zealand under the Civil Aviation Act 1990; or (b) a New Zealand ship (as defined in section 2(1) of the Maritime Transport Act 1994); or (c) an aircraft or ship of the Armed Forces (as defined in section 2(1) of the Armed Forces Discipline Act 1971). (3) Subsection (1)(e) and (f) and (h) to (j) apply to a death whether or not it occurred in the institution, residence, hospital, facility, or prison concerned. Compare: 1988 No 111 ss 4, (2) 1 2 3

29 Coroners Part 2 cl Reporting of deaths to police (1) A person who finds a body in New Zealand must report that finding to a member of the police as soon as practicable unless excused from doing so by subsection (3). (2) A person who learns of a death to which section 11 applies must report that death to a member of the police as soon as practicable unless excused from doing so by subsection (3). (3) A person is not required by subsection (1) or subsection (2) to report a death if he or she believes that the death (a) is already known to the New Zealand Police; or (b) will be reported to a member of the police. (4) Any person may report to a member of the police the death outside New Zealand of a person whose body is in New Zealand. Compare: 1988 No 111 s (1) (3), () 13 Reporting of deaths to coroner by police (1) This subsection applies to a member of the police (a) who finds a body in New Zealand; or (b) to whom a report of a death is made under section 12. (2) A member of the police to whom subsection (1) applies must, unless excused from doing so by subsection (3), cause the death concerned to be reported immediately (a) to the coroner designated under section 121 by the chief coroner 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; or (b) if that coroner is unavailable, to another coroner. 1 2 New (unanimous) (3) A member of the police is not required by subsection (2) to report a death if he or she believes that the death is already known to, or will be reported by another member of the police to, the coroner, or a coroner, to whom the death is required by that subsection to be reported. Compare: 1988 No 111 s (4) 21

30 Part 2 cl 14 Coroners 14 Chief coroner to designate replacement designated coroner or report death to original designated coroner (1) A coroner who is not the chief coroner but to whom a finding or death is reported under section 13(2)(b) must report it to the chief coroner as soon as practicable. (2) As soon as practicable after a finding or death is reported to him or her under section 13(2)(b) or subsection (1) of this section, the chief coroner must (a) designate another coroner under section 121 as the designated coroner for the death concerned; and (b) report that death to that coroner. (3) However, if the designated coroner referred to in section 13(2)(a) has, since the report under section 13(2)(b), become available, then instead of acting under subsection (2) of this section the chief coroner may cause the death concerned to be reported under section 13(2)(a) to that designated coroner. 1 Investigations by police (1) If a death has been reported to a coroner under section 13, the Commissioner of Police must cause to be made all investigations (a) necessary to help to achieve the purpose of this Act in relation to the death; or (b) directed by the designated coroner. (2) This section does not limit section. Compare: 1988 No 111 s (6) Custody and removal of bodies 16 When police have exclusive right to custody of body (1) The New Zealand Police has an exclusive right to custody of the body concerned (a) from the time when a member of the police first suspects on reasonable grounds that a death to which section 11 applies may have occurred; and (b) until the death is reported to the designated coroner under section 13(2)(a) or section 14(2)(b) and the designated coroner therefore has, under section 17, an exclusive right to custody of the body

31 Coroners Part 2 cl (2) Despite subsection (1)(b), the New Zealand Police must ensure the death is reported to the designated coroner under section 13(2)(a) or section 14(2)(b) as soon as practicable. (3) Nothing in this section affects when that 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 designated coroner his or her right under section When designated coroner has exclusive right to custody of body (1) The designated coroner has an exclusive right to custody of the body concerned (a) from the time when a death has been reported to him or her under section 13(2)(a) or section 14(2)(b); and (b) until he or she authorises the release of the body under section 40. (2) Nothing in this section affects when that exclusive right can be and is exercised by or on behalf of the designated coroner. 18 Directions about removal of body For the purposes of a post-mortem of a body directed under section 29, 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). Compare: 1988 No 111 s 13(1) 19 Coroner not required to view body A coroner is not required to view any body. Compare: 1988 No 111 s 24(2) Interests of families and other relevant people or organisations Representative for liaison with immediate family (1) This section applies to (a) a death reported to a coroner under section 13(2)(a) or section 14(2)(b) (the death); and (b) the immediate family of the person who is, or of a person who is suspected to be, the dead person concerned (the immediate family)