Coroners Amendment Act 2023

1: Title
This Act is the Coroners Amendment Act 2023.
2: Commencement
This Act comes into force on the day after the date of Royal assent.
3: Principal Act
This Act amends the Coroners Act 2006 2023-04-05 Coroners Act 2006
1: Amendments to principal Act
1: Substantive amendments to principal Act
4: Section 9 amended (Interpretation)
In section 9 approved form section 140B associate coroner section 104A
5: Section 16 amended (Responsible coroner)
Replace section 16(2)
2: However, a duty coroner may from time to time perform or exercise the functions, powers, and duties of the responsible coroner, including (without limitation) deciding not to open an inquiry into a death.
6: Section 42 amended (Release of bodies)
In section 42(3)(a) the prescribed form an approved form
7: Section 52 amended (Requests for return of retained parts and samples)
In section 52(3) a form approved for the purpose by the chief coroner an approved form
8: Section 64 amended (Duties of coroner who decides not to open inquiry)
1: In section 64(1) the prescribed form an approved form
2: Replace section 64(2)
2: An approved form must contain or have attached to it (as the case requires)—
a: the coroner’s reasons for the decision not to open an inquiry; and
b: the cause of death to the extent known.
2A: The coroner may record the cause of death in an approved form as presumed natural causes without investigation if the coroner is satisfied that—
a: the evidence gathered to date raises a presumption that the death is from natural causes; and
b: no further investigation is required to discharge the coroner’s role under this Act.
2B: The coroner is not required to provide information regarding the circumstances of the death if the coroner considers there is no public interest in doing so.
3: In section 64(3) The prescribed form An approved form
9: Section 67 amended (Chief coroner and Secretary to be notified of inquiry)
In section 67 the prescribed form an approved form
10: Section 77 replaced (Coroner may hold hearing on papers and make chambers findings)
Replace section 77
77: Coroner may hold hearing on papers and make chambers findings
1: A coroner may, instead of holding an inquest, hold a hearing on the papers and make chambers findings if the coroner—
a: notifies interested parties of the coroner’s intention to hold a hearing on the papers and make chambers findings instead of holding an inquest; and
b: allows a reasonable period for interested parties to make their views known to the coroner on whether—
i: an inquest should be held; or
ii: a hearing should proceed on the papers; and
c: considers those views, among other relevant factors and information; and
d: is satisfied that an inquest is not required for the discharge of the coroner’s role under this Act.
2: This section does not apply to an associate coroner.
11: New section 77A inserted (Associate coroner holds hearing on papers or refers death to chief coroner)
After section 77
77A: Associate coroner holds hearing on papers or refers death to chief coroner
1: An associate coroner may hold a hearing on the papers and make chambers findings if—
a: the associate coroner considers an inquest may not be required, having considered the matters in section 80(2); and
b: the associate coroner notifies interested parties of the associate coroner’s intention to hold a hearing on the papers and make chambers findings rather than refer the death to the chief coroner; and
c: the associate coroner allows a reasonable period for interested parties to make their views known to the associate coroner on whether—
i: an inquest should be held; or
ii: a hearing should proceed on the papers; and
d: no interested party expresses the view that an inquest should be held.
2: If an interested party expresses the view that an inquest should be held, or the associate coroner considers an inquest may be required,—
a: the associate coroner must refer the death to the chief coroner; and
b: the chief coroner must assign the death to a coroner (but not to an associate coroner).
3: The coroner who is assigned the death must decide whether to hold an inquest or a hearing on the papers.
4: If interested parties have been consulted, the coroner who is assigned the death—
a: must consider the views (if any) expressed by the parties, among other relevant factors and information; and
b: is not required to reconsult interested parties if the coroner decides to proceed by way of a hearing on the papers and make chambers findings.
12: Section 91 amended (Evidence at distance for purposes of inquest)
1: In section 91(2) a Justice an associate coroner or a Justice
2: In section 91(3) A coroner or Justice A coroner, an associate coroner, or a Justice
3: Replace section 91(5)
5: Evidence given by a witness under subsection (2) and admitted by a coroner, an associate coroner, or a Justice must be—
a: put into writing; and
b: read over to or by the witness; and
c: signed by the witness and the coroner, associate coroner, or Justice.
6: The coroner, associate coroner, or Justice must then send the evidence to the coroner holding the inquest concerned.
7: The coroner holding the inquest must receive the evidence and act upon it as if it had been given and admitted at the inquest concerned.
13: Section 93 amended (Certificate of and written reasons for interim findings)
1: After section 93(1)
1A: Another coroner may complete and sign the certificate if the coroner conducting the inquiry is not available.
2: In section 93(2) the prescribed form an approved form
14: Section 94 amended (Certificate of and written reasons for findings)
1: After section 94(1)
1A: Despite section 57(2)(e), the coroner is not required to make findings in relation to the circumstances of the death concerned if the coroner considers there is no public interest in doing so.
2: In section 94(2) the prescribed form an approved form
3: In section 94(3) the coroner a coroner
15: New sections 104A and 104B inserted
After section 104
104A: Associate coroners
1: The Governor-General may, by warrant, appoint fit and proper people to be associate coroners.
2: Each one of those people must have held a practising certificate as a barrister or solicitor for at least 5 years.
3: The appointment must be for a period not exceeding 5 years, but the person is eligible to be reappointed for 1 or more further terms.
4: The appointment must be made on the advice of the Attorney-General, given after consultation with the Minister.
5: An associate coroner vacates that office, if they have not earlier done so in another way, on attaining the age of 70 years.
6: However, a former associate coroner of or over the age of 70 years may be reappointed as an associate coroner for 1 term that—
a: is specified in the warrant of reappointment; and
b: does not exceed 2 years.
104B: Coroners, relief coroners, and associate coroners may continue in office to complete investigations
1: A coroner, a relief coroner, or an associate coroner who has retired or whose term of office has expired may continue in office for the purpose of completing any investigations already commenced before their retirement or the expiry of their term.
2: A coroner, a relief coroner, or an associate coroner must not continue in office under subsection (1)
3: The fact that a coroner, a relief coroner, or an associate coroner continues in office does not affect the power to appoint another person to the office.
4: A coroner, a relief coroner, or an associate coroner who continues in office is entitled to be paid the appropriate rate for the days or half-days worked in completing the investigation.
5: The appropriate rate
16: Section 106A amended (Attorney-General to publish information concerning coronial appointment process)
1: In section 106A(a) coroners and associate coroners
2: In section 106A(b) coroner or an associate coroner
3: In section 106A
2: The processes under subsection (1)
17: Section 107 amended (Concurrent office or employment)
1: In section 107(1)(a) and (b) coroner or an associate coroner
2: In section 107(2) other coroners and associate coroners
3: After section 107(3)
4: An associate 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 an associate coroner.
18: Section 107A amended (Recusal)
In section 107A coroners and associate coroners
19: Section 108 amended (Coroners act full-time unless authorised to act part-time)
1: In the heading to section 108 Coroners and associate coroners
2: After section 108(1)
1A: An associate coroner acts as an associate coroner full-time unless they are authorised by the Attorney-General to act part-time.
3: Replace section 108(2) and (3)
2: The Attorney-General may, in accordance with subsection (4), authorise the following people to act part-time for any specified period:
a: a coroner appointed under section 103 (coroners) or section 104 (relief coroners):
b: an associate coroner.
3: To avoid doubt, an authorisation under subsection (2)
a: take effect as from the appointment of the coroner or the associate coroner or at any other time; and
b: be given more than once in respect of the same coroner or associate coroner.
4: In section 108(4) authorise a coroner or an associate coroner
5: In section 108(4)(a) the coroner the coroner or the associate coroner
6: In section 108(6) A coroner A coroner or an associate coroner
7: Replace section 108(7)
7: The basis on which a coroner or an associate coroner acts must not be altered during the term of their appointment without their consent, but consent under this subsection is not necessary if the alteration is required by subsection (6).
20: Section 110 amended (Salaries and allowances)
1: In section 110(1) coroners (including the chief coroner, the deputy chief coroner, and any relief coroners) coroners (including the chief coroner, the deputy chief coroner, and any relief coroners) and associate coroners
2: Replace section 110(2)
2: The salary of a coroner or an associate coroner must not be diminished during the continuance of their appointment.
3: In section 110(3) a coroner or an associate coroner
21: Section 112 amended (Resignation)
After section 112(2)
3: An associate coroner may at any time resign the office by written notice to the Attorney-General.
22: Section 113 amended (Complaints about coroners)
1: In the heading to section 113 about coroners
2: In section 113(1)
a: replace coroners’ conduct the conduct of coroners and associate coroners
b: replace because coroners because coroners and associate coroners
23: Section 114 amended (Removal)
1: In section 114(1) coroner or an associate coroner
2: In section 114(2)(a) coroner or the associate coroner
3: In section 114(2)(b) coroner or the associate coroner
24: New section 117A inserted (Functions, powers, duties, and immunities of associate coroners)
After section 117
117A: Functions, powers, duties, and immunities of associate coroners
1: Except as set out in subsections (2) to (4) section 140A
a: an associate coroner has the functions, powers, and duties of a coroner appointed under section 103; and
b: an associate coroner has the immunities of a coroner under section 117; and
c: references in this Act to a coroner, designated coroner, duty coroner, replacement coroner, or responsible coroner must be read, with the necessary modifications, as including an associate coroner.
2: An associate coroner does not have the functions, powers, or duties of a coroner to hold an inquest.
3: References in this Act or other legislation to a coroner holding an inquest do not include an associate coroner ( but see section 91(2) to (7)
4: Subsection (1)(c)
25: Section 132 replaced (Chief coroner may issue practice notes)
Replace section 132
132: Chief coroner may issue practice notes
1: To help inform, and to achieve consistency in, coronial decision making and other coronial conduct, the chief coroner may issue to coroners and associate coroners written practice notes (not inconsistent with this Act).
2: Practice notes under this section may specify matters—
a: to which coroners and associate coroners must have regard when—
i: making recommendations or comments ( see
ii: calling for investigations or examinations, or commissioning reports ( see
iii: determining the format of their written findings:
iv: co-ordinating with other investigating authorities, official bodies, and statutory officers who investigate deaths:
b: to which coroners must have regard when—
i: recommending to the chief coroner that a specialist adviser be appointed to sit with and help the coroner at an inquest ( see
ii: holding joint inquests ( see
iii: managing the disclosure of evidence to witnesses appearing at a hearing:
iv: determining whether to hold a pre-hearing:
v: determining whether a person is appropriately regarded as an expert in a particular area.
3: Subsection (2) subsection (1)
4: Before issuing a practice note (or an amendment, revocation, or replacement of a practice note) under this section, the chief coroner must take all reasonable steps to consult coroners and associate coroners about the terms and effect of that practice note (or of that amendment, revocation, or replacement of a practice note).
5: The chief coroner must regularly review any practice notes issued under this section.
26: Section 134 amended (Failure to supply information or documents or other things as required by coroner’s notice under section 120)
1: In the heading to section 134 coroner’s
2: In section 134 (coroner may by written notice require person to supply information or documents or other things)
27: Section 135 amended (False or misleading statements and omissions in certain documents)
1: In section 135(2)(c) by a coroner
2: In section 135(2)(d) (coroner may by written notice require person to supply information or documents or other things)
28: Section 137 amended (Failure or refusal to give report required)
1: In section 137 to a coroner
2: In section 137(a) (coroner may direct post-mortem)
3: In section 137(b) (coroner may require person’s doctor to report)
29: Section 138 amended (False or misleading statement for purposes of section 64(3))
In section 138 (duties of coroner who decides not to open inquiry)
30: Section 139A amended (Publication of information in contravention of section 74)
In section 139A(1) (which empowers the coroner to prohibit the making public of evidence given at any part of inquiry proceedings)
31: New sections 140A and 140B inserted
After section 140
140A: Rules
1: The Governor-General may, with the concurrence of the chief coroner, make rules that—
a: provide for any conditions or limitations on the exercise or performance of a coroner’s functions, powers, and duties by associate coroners:
b: contain provisions that may be necessary to enable the proper exercise or performance by associate coroners of their functions, powers, and duties.
2: Rules made under this section are subject to section 117A(2) and (3)
3: Rules made under this section are secondary legislation ( see The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Sch 1 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
140B: Secretary may approve forms
1: The Secretary may approve and issue forms for the purposes of this Act.
2: The Secretary must have the agreement of the chief coroner before approving and issuing forms.
2: Transitional amendments to principal Act
32: New section 11A inserted (Transitional, savings, and related provisions)
After section 11
11A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.
33: Section 12A repealed (Transitional and savings provisions relating to amendments to this Act)
Repeal section 12A
34: Section 143A amended (Transitional and savings provisions: arrangements effective after commencement of Coroners Amendment Act 2016 are in Schedule 1)
1: In the heading to section 143A Schedule 1 Part 1
2: In section 143A Schedule 1 Part 1
35: Schedule 1 amended
1: Replace the Schedule 1
1: ss 11A, 143A Transitional, savings, and related provisions
2: In Schedule 1
1: Transitional and savings provisions effective after commencement of Coroners Amendment Act 2016
3: In Schedule 1,—
a: insert the Part set out in Schedule 1
b: make all necessary consequential amendments.
2: Consequential amendments to other legislation
36: Consequential amendments
Amend the legislation specified in Schedule 2 2023-04-05 Births, Deaths, Marriages, and Relationships Registration Act 2021 Births, Deaths, Marriages, and Relationships Registration Act 1995 Burial and Cremation Act 1964 Crimes Act 1961 Films, Videos, and Publications Classification Act 1993 Friendly Societies and Credit Unions Act 1982 Health and Disability Services (Safety) Act 2001 Health and Safety at Work Act 2015 Human Tissue Act 2008 Inferior Courts Procedure Act 1909 Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 Medicines Act 1981 Misuse of Drugs Act 1975 New Zealand Sign Language Act 2006 Oaths and Declarations Act 1957 Remuneration Authority Act 1977 Te Ture mō Te Reo Māori 2016/Māori Language Act 2016 Transport Accident Investigation Commission Act 1990 Water Services Act 2021 Visiting Forces Act 2004 Coroners (Forms) Regulations 2008 Cremation Regulations 1973 Health (Burial) Regulations 1946 National Civil Defence Emergency Management Plan Order 2015 Traffic Regulations 1976