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Burial and Cremation Act 1964

General provisions

46B: Certificate of cause of death in relation to illness

You could also call this:

"What happens when someone dies from an illness: getting a death certificate"

Illustration for Burial and Cremation Act 1964

If someone dies after an illness, a doctor or nurse who looked after them must give a certificate of cause of death. You need to know that the doctor or nurse must do this as soon as they find out the person has died, if they are sure the death was a natural result of the illness. They must also have talked to other health workers who looked after the person. If the doctor or nurse who looked after the person is not available, another doctor or nurse can give the certificate. This can happen if the first doctor or nurse is not available, or if not enough time has passed for them to give the certificate. You should be aware that the doctor or nurse giving the certificate must look at the person's medical records, think about the circumstances of the death, and examine the body. A certificate of cause of death cannot be given if the death needs to be reported to the police under section 14(2) of the Coroners Act 2006, or if a coroner is investigating the death. The coroner is a person who investigates deaths to find out what happened. If a coroner is investigating, they will decide what to do next.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1806631.

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Topics:
Health and wellbeing > Public healthHealth and wellbeing > Healthcare services
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46A: Stillborn children, or

"Rules for burying or cremating a stillborn child"

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46C: Certificate of cause of death in relation to accidents to persons aged 70 years or more, or

"When someone 70 or older dies in an accident, a doctor can say what caused the death."

Part 7General provisions

46BCertificate of cause of death in relation to illness

  1. This section applies if a person dies after an illness.

  2. A medical practitioner or a nurse practitioner who attended the person during the illness must, immediately after learning of the person’s death, give a certificate of cause of death for the person’s death if the practitioner—

  3. is satisfied that the person’s death was a natural consequence of the illness; and
    1. has taken reasonable steps to consult with any health practitioner known to have subsequently attended the person during the person’s illness.

      1. Any other medical practitioner or nurse practitioner may give a certificate of cause of death for the person's death if (and only if) the practitioner is satisfied that the person's death was a natural consequence of the illness and—

      2. a medical practitioner or nurse practitioner who attended the person during the person’s illness is unavailable; or
        1. less than 24 hours has passed since the death, and a medical practitioner or nurse practitioner who attended the person during the person’s illness is unlikely to be able to give a certificate of cause of death for the person's death within 24 hours after the death; or
          1. at least 24 hours have passed since the person's death, and a medical practitioner or nurse practitioner who attended the person during the person’s illness has not given a certificate of cause of death for the person's death.

            1. Subsection (3)(b) and (c) does not apply if a medical practitioner or nurse practitioner who attended the person during the person’s illness has refused to give a certificate of cause of death for the person's death because the practitioner was not satisfied, or was not yet satisfied, that the death was a natural consequence of the illness.

            2. A medical practitioner or nurse practitioner must not give a certificate of cause of death under subsection (3) unless the practitioner—

            3. has regard to the medical records relating to the person concerned of the health practitioner who last attended the person during the illness; and
              1. has regard to the circumstances of the person's death; and
                1. has examined the person's body.

                  1. A certificate of cause of death must not be given under subsection (2) or (3) if—

                  2. the death—
                    1. must be reported to the New Zealand Police because section 14(2) (except paragraph (f)) of the Coroners Act 2006 applies; or
                      1. has been reported to a coroner under section 15(2) of that Act; and
                      2. the coroner has decided to open an inquiry into the death.

                        Notes
                        • Section 46B: replaced, on , by section 7 of the Burial and Cremation Amendment Act 2016 (2016 No 74).
                        • Section 46B(6)(a)(i): amended, on , by section 24 of the Statutes Amendment Act 2025 (2025 No 74).