Coroners Act 2006

Deaths to be reported and post-mortems - Post-mortems

32: Criteria for decision whether to direct post-mortem

You could also call this:

"Deciding if a post-mortem is needed after someone dies"

Illustration for Coroners Act 2006

When you are deciding if a post-mortem is needed, you must think about some things. You need to consider if a post-mortem will help find out more about the death. You also need to think about if the Director-General of Health has ordered a post-mortem under section 78 of the Health Act 1956. You must consider if the death was unnatural or violent. If it was, you need to think about if someone else's actions or lack of action caused it. You also need to think about if people are worried or suspicious about the death. You need to balance the need for a post-mortem with the need to respect people's cultural and spiritual beliefs. Some people may be distressed if a post-mortem is done, while others may be offended. You should also think about what the family of the person who died wants. You can consider any other things you think are relevant when making your decision. This will help you decide if a post-mortem is needed under section 31.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM377554.

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31: Coroner may direct post-mortem, or

"Coroner can order a post-mortem to help find out how someone died"


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Part 2Deaths to be reported and post-mortems
Post-mortems

32Criteria for decision whether to direct post-mortem

  1. In deciding whether to direct a post-mortem under section 31, a coroner must have regard to the following matters:

  2. the extent to which the matters required by this Act to be established by an inquiry—
    1. are not already disclosed in respect of the death concerned by information available directly to the coroner or from information arising from investigations or examinations the coroner has made or caused to be made; but
      1. are likely to be disclosed by a post-mortem; and
      2. whether the Director-General of Health has ordered or is likely to order a post-mortem of the body concerned under section 78 of the Health Act 1956; and
        1. whether the death appears to have been unnatural or violent; and
          1. if the death appears to have been unnatural or violent, whether it appears to have been due to the actions or inaction of other people; and
            1. the existence and extent of any allegations, rumours, suspicions, or public concern about the cause of the death; and
              1. the desirability of minimising the causing of distress to people who, by reason of their ethnic origins, social attitudes or customs, or spiritual beliefs, customarily require bodies to be available to family members as soon as possible after death; and
                1. the desirability of minimising the causing of offence to people who, by reason of their ethnic origins, social attitudes or customs, or spiritual beliefs, find post-mortems of bodies offensive; and
                  1. the desire of any member of the immediate family of the person concerned that a post-mortem should be performed; and
                    1. any other matters the coroner thinks relevant.
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