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Coroners Act 2006

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

34: Procedure for objections under section 33

You could also call this:

"How to object to a post-mortem examination"

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If a coroner thinks you have the right to object to a post-mortem under section 33, they must tell you about this right. You must object as soon as possible and within 24 hours of the coroner's decision. You do this by telling the coroner why you object to the post-mortem. If you object within 24 hours, the coroner cannot order the post-mortem unless allowed by section 35(6) or the High Court. After 24 hours, the coroner decides if they still want the post-mortem to happen and tells you their decision. The coroner can order the post-mortem if 48 hours pass after you are told of their decision and you do not object to the High Court. When calculating the 48 hours, only working day hours count. You object to the High Court by making an application, as outlined in the High Court Rules 2016.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM377556.

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

34Procedure for objections under section 33

  1. If a coroner determines that members of the immediate family have, under section 33, a right to object to the post-mortem,—

  2. notice of that right must be given in accordance with section 23; and
    1. any exercise of that right must be as soon as practicable and within 24 hours of the coroner's determination; and
      1. that right is exercised by advising the coroner of the fact of and reasons for the objection to the post-mortem; and
        1. the coroner cannot, if that right is exercised within that 24-hour period, direct under section 31 that the post-mortem be performed unless permitted to do so by subsection (3) of this section or by order of the High Court under section 35(6).

          1. If, 24 hours after the coroner determines that members of the immediate family have, under section 33, a right to object to the post-mortem, the coroner has received objections under section 33, he or she must as soon as practicable—

          2. decide whether he or she still wishes to direct under section 31 that the post-mortem be performed; and
            1. advise the objectors accordingly.

              1. The coroner may direct under section 31 that the post-mortem be performed if, 48 hours after the objectors were advised under subsection (2)(b) that the coroner still wishes to direct that the post-mortem be performed, none of them has lodged an objection under this subsection in the High Court.

              2. In calculating the 48-hour period in subsection (3), hours count only if they are hours of working days.

              3. An objection under subsection (3) is lodged by originating application in the manner provided by the High Court Rules 2016.

              Notes
              • Section 34(5): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).
              • Section 34(5): amended, on , by section 183(c) of the Senior Courts Act 2016 (2016 No 48).