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Coroners Act 2006

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

35: Procedure for objection in High Court

You could also call this:

"How to object to a post-mortem in the High Court"

Illustration for Coroners Act 2006

You can object to a post-mortem in the High Court under section 34(3). The High Court must deal with your objection quickly. The court will either agree with you or dismiss your objection. You lodge your objection with the High Court. The Registrar then allocates a hearing date within one working day. If no High Court Judge is available, the Registrar finds another way to deal with it. The High Court can either uphold your objection or dismiss it. If they dismiss it, the coroner can direct that the post-mortem be performed under section 31. The court follows special rules, instead of the usual High Court Rules 2016, to make sure your objection is dealt with quickly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM377557.

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

35Procedure for objection in High Court

  1. Judges of the High Court and employees of the Ministry of Justice must ensure an objection lodged in the High Court under section 34(3) (the objection) is disposed of as a matter of priority and urgency.

  2. The Registrar must allocate a date for the hearing of the objection that is no later than 1 working day after the date on which the objection is lodged.

  3. If the objection is lodged at a Registry of the High Court in a place where no High Court Judge is at that time available, the Registrar must ensure that the objection is dealt with in some other place within the time limit referred to in subsection (2); and any other Registrar or employee of the Ministry of Justice whose help is sought by the Registrar in whose Registry the application is filed has a corresponding obligation.

  4. If subsection (3) applies, the Registrar must—

  5. make any urgent enquiries necessary to determine where and by whom the objection can most conveniently and expeditiously be dealt with; and
    1. forward the objection and any other relevant documents without delay to the Registrar at the place where the application is to be dealt with; and
      1. without delay, inform every party to the proceeding of the action taken under this section.

        1. Subsections (3) and (4) apply in substitution for any provision of the High Court Rules 2016 relating to the transfer of notices of application filed at a time when a Judge is not present.

        2. The High Court must either uphold the objection, or dismiss it by ordering that the coroner may direct under section 31 that the post-mortem be performed.

        Compare
        Notes
        • Section 35(5): amended, on , by section 183(c) of the Senior Courts Act 2016 (2016 No 48).