Coroners Act 2006

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

38: Who may attend post-mortem

You could also call this:

"Who can be at a post-mortem examination?"

You can attend a post-mortem if you are the pathologist doing it or the coroner who asked for it. You can also attend if you are another pathologist helping with the post-mortem, but you need a coroner's permission. A doctor who treated the person before they died can attend. You can attend as a representative of the dead person's family if a coroner says you can. A doctor can attend as a representative of someone who might be charged with a crime related to the death, but they need a coroner's permission. Other doctors or people training to be doctors can attend if a coroner says they can, usually for training. A coroner can also let a dentist, a Police employee, or any other person attend a post-mortem. If you attend as a representative, you can only watch - you cannot help with the post-mortem. This is under section 31 of the Coroners Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM377561.

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

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37: Post-mortem may be performed early in some cases, or

"When a post-mortem can be done quickly"

39: Definitions for section 38, or

"What special words mean in section 38"

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

38Who may attend post-mortem

The following persons are the only persons who may attend a post-mortem of a body that a coroner has directed a pathologist to perform under section 31:
the pathologist directed to perform the post-mortem, and the coroner who directed that pathologist to perform it:
another pathologist participating in, and helping with, the post-mortem, if authorised to attend by a coroner on an application for the purpose by or on behalf of the pathologist directed to perform the post-mortem:
a doctor who attended the person concerned before death:
a doctor, nurse, or funeral director attending as the representative of the family of the person who is, or of a person who is suspected to be, the dead person concerned, if authorised to attend by a coroner on an application for the purpose by or on behalf of that family:
a doctor attending as the representative of a person (A) who has been, or may be, charged with a criminal offence relating to the death concerned or its circumstances, if authorised to attend by a coroner on an application for the purpose by or on behalf of A:
any other doctor, or person training to be a doctor, if authorised to attend (for training purposes, or for any other purposes specified) by a coroner on an application for the purpose by or on behalf of the pathologist directed to perform the post-mortem:
a dentist, if authorised to attend by a coroner:
a Police employee:
any other person, if authorised to attend by a coroner.

No doctor, nurse, or funeral director is responsible for the conduct of, or may participate in otherwise than by observing, a post-mortem just because he or she attends the post-mortem as a representative in accordance with subsection (1)(d) or (e).

Compare

1988 No 111 s 10(1), (3)–(5)

Notes

Section 38(1)(fa): inserted, on 21 July 2016, by section 24(1) of the Coroners Amendment Act 2016 (2016 No 29).
Section 38(1)(g): replaced, on 21 July 2016, by section 24(2) of the Coroners Amendment Act 2016 (2016 No 29).