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Coroners Act 2006

Deaths to be reported and post-mortems - Interests of families and other relevant people or organisations

26: Matters to be taken into account under section 25(3)

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"Things the coroner considers when dealing with a dead person's body"

Illustration for Coroners Act 2006

When you are dealing with a dead person's body, the coroner must think about certain things. You need to know that the coroner decides whether to let someone view, touch, or stay near the body. The coroner also decides what conditions to impose on that person. The coroner thinks about things like concerns from the police or pathologist, risks of contaminating evidence, and risks to the body's security. The coroner also considers whether there are suitable staff to supervise visitors and risks of visitors getting harmed. The coroner thinks about the dead person's ethnic origins, social attitudes, customs, or spiritual beliefs, and whether there are suitable rooms for the family. The coroner considers all these things to make a decision about what to do with the body. The coroner must also make sure to follow all the health and safety rules. The coroner can think about any other matters they consider relevant when making their decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM377547.

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"Get a copy of the post-mortem report if you're a family member"

Part 2Deaths to be reported and post-mortems
Interests of families and other relevant people or organisations

26Matters to be taken into account under section 25(3)

  1. The coroner must take into account the matters specified in subsection (2) in determining—

  2. whether to authorise a person under section 25(3) to view, touch, or remain with or near the body; and
    1. any conditions imposed under section 25(3)(b) on the person's viewing, touching, or remaining with or near the body.

      1. The matters referred to in subsection (1) are—

      2. any concerns the New Zealand Police or, if a post-mortem of the body has been directed under section 31, the pathologist may have about a pathologist's ability to determine the cause of death being limited by people viewing, touching, or remaining with or near the body:
        1. all risks of contamination of evidence if the death appears to have been, or may appear later to have been, a result of conduct that constitutes a criminal offence:
          1. all risks to the security of the body:
            1. whether suitable staff are available to supervise visitors to the mortuary or morgue where the body is kept:
              1. all risks of visitors to that mortuary or morgue being contaminated, infected, or otherwise harmed by exposure to or contact with the body:
                1. the ethnic origins, social attitudes or customs, or spiritual beliefs of the person who is, or of a person who is suspected to be, the dead person, or of an immediate family member of that person, that customarily require viewing, touching, or remaining with or near the body (for example, the customary requirement that immediate family members be able to view, touch, or remain with or near the body according to tikanga Māori):
                  1. whether suitable rooms and facilities for family or whānau are available at that mortuary or morgue:
                    1. the need to ensure compliance with all applicable legal requirements relating to health and safety:
                      1. any other matters the coroner considers relevant.

                        Notes
                        • Section 26(2)(ea): inserted, on , by section 4 of the Coroners (Access to Body of Dead Person) Amendment Act 2018 (2018 No 60).