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Coroners Act 2006

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

36: Nature of post-mortem

You could also call this:

"What happens during a post-mortem examination"

Illustration for Coroners Act 2006

When a coroner tells a pathologist to do a post-mortem under section 31, the pathologist must do a full internal and external examination of the body. You need to know that the coroner can ask for a lesser examination, and if they do, the pathologist must follow their direction. The pathologist can do the post-mortem as they think fit if the coroner does not give specific instructions. Before a coroner asks for a lesser examination under section 31, they must talk to the New Zealand Police about any evidence that might need a full examination. They must also talk to the pathologist they plan to ask to do the examination to make sure a lesser examination will not limit their ability to find the cause of death. The coroner and pathologist work together to decide how to do the post-mortem, and they must follow the rules to make sure they do it correctly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM377559.

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

36Nature of post-mortem

  1. A pathologist who is directed under section 31 to carry out a post-mortem must carry out a full internal and external examination of the body unless the coroner, in the relevant direction under section 31, requires only a lesser examination (in which case the pathologist must comply with the direction).

  2. The pathologist may otherwise carry out the post-mortem as he or she thinks fit.

  3. Before requiring only a lesser examination in the relevant direction under section 31, the coroner must—

  4. consult the New Zealand Police about any evidential matters that may make a full internal and external examination of the body necessary or desirable; and
    1. consult the pathologist whom the coroner proposes to direct to perform in the examination about whether the lesser examination proposed would or may limit that pathologist's ability to determine the cause of death.

      Notes
      • Section 36(1): replaced, on , by section 23 of the Coroners Amendment Act 2016 (2016 No 29).
      • Section 36(1A): inserted, on , by section 23 of the Coroners Amendment Act 2016 (2016 No 29).