Burial and Cremation Act 1964

General provisions

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

You could also call this:

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

Illustration for Burial and Cremation Act 1964

If someone 70 years or older dies, a doctor or nurse practitioner can say what caused the death. This happens if the death was caused by an accident and the person's age was a big factor. The accident must not be suspicious or caused by someone else, and it must not require an inquiry under the Coroners Act 2006. The doctor or nurse practitioner can give a certificate of cause of death even if the death was reported to the police under section 14 of the Coroners Act 2006. However, if the death was reported to a coroner under section 15(2) of the Coroners Act 2006, the doctor or nurse practitioner must get the coroner's agreement first. The doctor or nurse practitioner must follow these rules when giving a certificate of cause of death.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1806636.

This page was last updated on 12 December 2025 — View changes

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

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

46CA: Certificate of cause of death in relation to assisted dying, or

"What happens when a doctor helps someone die: getting a death certificate"

Part 7General provisions

46CCertificate of cause of death in relation to accidents to persons aged 70 years or more

This section applies if a person of or over the age of 70 years dies (the deceased) and, in the opinion of a medical practitioner or nurse practitioner,—
the death was caused by injuries, or injuries contributed substantially to it; and
the injuries were caused by an accident; and
the injuries, the accident, or both arose principally by virtue of infirmities that were attributes of the deceased’s age; and
the accident was not suspicious or unusual; and
the accident was not caused by an act or omission of any other person; and
except to the extent that the death involved injury by accident, it was not violent, unnatural, or in some way a death in respect of which the Coroners Act 2006 requires an inquiry to be conducted.

A medical practitioner or nurse practitioner may give a certificate of cause of death for the deceased.
Subsection (2) applies even though the death may have been reported to the New Zealand Police under section 14 of the Coroners Act 2006.
However, if the medical practitioner or nurse practitioner is aware that the death has been reported to a coroner under section 15(2) of the Coroners Act 2006, the practitioner must not give a certificate of cause of death under subsection (2) without first obtaining the agreement of the designated coroner.

Notes

Section 46C: replaced, on 31 January 2018, by section 8 of the Burial and Cremation Amendment Act 2016 (2016 No 74).