Coroners Act 2006

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

33: Right in some cases to object to post-mortem

You could also call this:

"When can you stop a post-mortem from happening?"

You have a right to object to a post-mortem in some cases. This happens when a coroner wants to do a post-mortem, but does not need to do it straight away, as explained in section 31 and section 37. You can object if you are a member of the immediate family of the dead person. You can object when the coroner thinks the death was not a crime and does not need to be investigated further. The coroner must also think that New Zealand's laws and international obligations do not require the post-mortem. In this situation, you have the right to say you do not want the post-mortem to happen. The coroner must make sure they have investigated everything before deciding if you can object to the post-mortem. They must be satisfied that the death is not suspicious and that the law does not require the post-mortem. Then, as a family member, you can object to the post-mortem if you want to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM377555.

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

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32: Criteria for decision whether to direct post-mortem, or

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

34: Procedure for objections under section 33, or

"How to object to a post-mortem examination"

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

33Right in some cases to object to post-mortem

This section applies to a post-mortem of a body that a coroner proposes to direct under section 31 be performed unless the coroner proposes to direct that the post-mortem be performed immediately (in accordance with section 37) because (together with any other good reason) any delay would or may limit the pathologist's ability to determine the cause of death.
Every member of the immediate family of the person who is, or of a person who is suspected to be, the dead person concerned has, in the situation specified in subsection (3), a right to object to the post-mortem.
The situation referred to in subsection (2) is that the coroner is, after having made all reasonable investigations, satisfied that, in the particular circumstances,—
the death concerned does not appear to have been, and is unlikely to appear later to have been, a result of conduct that constitutes a criminal offence; and
New Zealand's international legal obligations, and the laws of New Zealand, do not appear to require the post-mortem to be performed.