Coroners Act 2006

Deaths to be reported and post-mortems - Release of bodies, and retention and return of body parts and bodily samples

42: Release of bodies

You could also call this:

"When a coroner says a body can be released to the family"

Illustration for Coroners Act 2006

You need to know what happens when a coroner is dealing with a body. The coroner in charge must let the body go if it is not against the rules in section 43 or 44. The coroner can let the body go when they are satisfied it is no longer needed. You should be aware that the coroner can give permission to release the body. This permission must be in writing and signed by the coroner. The coroner uses an approved form for this. When the coroner says a body can be released, it can be given to the family. This is what happens when the coroner authorises the release of the body.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM377576.

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41: High Court may order post-mortem in certain circumstances, or

"The High Court can order a special exam of a body in some situations."


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43: Restriction on release if no post-mortem directed, or

"Waiting time before a body can be released if no post-mortem is done"

Part 2Deaths to be reported and post-mortems
Release of bodies, and retention and return of body parts and bodily samples

42Release of bodies

  1. The responsible coroner must, if not prohibited from doing so by section 43 or 44, authorise the release of the body concerned as soon as he or she is satisfied that it is no longer necessary to withhold it from family members.

  2. The coroner may, if not prohibited from doing so by section 43 or 44, authorise the release of the body.

  3. The coroner's authorisation must be—

  4. given by written notice in an approved form; and
    1. signed by the coroner.
      1. A body whose release a coroner has authorised under this section may be released accordingly.

      Compare
      Notes
      • Section 42(1): amended, on , by section 28 of the Coroners Amendment Act 2016 (2016 No 29).
      • Section 42(3)(a): amended, on , by section 6 of the Coroners Amendment Act 2023 (2023 No 8).