Coroners Act 2006

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

43: Restriction on release if no post-mortem directed

You could also call this:

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

Illustration for Coroners Act 2006

If a coroner decides not to do a post-mortem, they cannot let the body be released until 24 hours after telling a constable about the decision. You need to wait 24 hours after the coroner tells a constable they are not doing a post-mortem. A constable who is a senior sergeant or higher can agree to release the body sooner, as per section 42 and section 31.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM377577.

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42: Release of bodies, or

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


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44: Restriction on release if parts or samples to be retained, or

"Coroners must not release a body if a pathologist needs to keep a part for investigation."

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

43Restriction on release if no post-mortem directed

  1. A coroner who decides not to direct a pathologist to perform a post-mortem of a body under section 31 must not authorise its release under section 42 earlier than 24 hours after notifying a constable of the decision.

  2. Subsection (1) does not apply if a constable of the level of position of senior sergeant or above agrees to the coroner authorising the release of the body within the 24-hour period referred to in that subsection.

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Notes
  • Section 43(1): amended, on , by section 29 of the Coroners Amendment Act 2016 (2016 No 29).
  • Section 43(2): amended, on , by section 29 of the Coroners Amendment Act 2016 (2016 No 29).
  • Section 43(2): amended, on , by section 130(1) of the Policing Act 2008 (2008 No 72).