Coroners Act 2006

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

48: Retention of parts and samples on release of body

You could also call this:

"Keeping small body parts for investigation after a body is released"

When a coroner says a body can be released, a pathologist can keep a small body part or sample. You need to know the pathologist can only keep it if it's tiny and needed for analysis. The pathologist must tell the coroner if they keep a part or sample. If the pathologist wants to keep a part or sample, they must explain why to the family. The family must not object to the pathologist keeping it. The pathologist can also keep a part or sample if the coroner says it's okay, as stated in section 49. A 'minute' part or sample is defined by the Secretary, and you can find more information about this in a notice. A notice is a type of secondary legislation, which is explained in Part 3 of the Legislation Act 2019. The pathologist must follow the rules when keeping body parts or samples.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM377582.

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

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47: Receipt, removal, and taking of parts and samples, or

"How pathologists take body parts or samples to help coroners investigate deaths"

49: Coroner's authorisation under section 48(2)(b), or

"When a coroner says it's okay to keep a body part for research"

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

48Retention of parts and samples on release of body

This section applies to a body if—
a coroner has directed under section 31 that a post-mortem of the body be performed, and proposes to authorise the release of the body under section 42; and
the pathologist has removed a body part or taken a bodily sample, or has received a body part separately from other parts of the body concerned.

The pathologist is, when the body is released, permitted to retain the body part or bodily sample, but only if—
the part or sample is a minute one received, removed, or taken for microscopic analysis, or other analysis that requires only a minute part or sample, and is, in the pathologist's opinion, necessary for the purposes of the post-mortem; or
the retention is, in the pathologist's opinion, necessary for the purposes of the post-mortem, and is authorised by the coroner in accordance with section 49; or
the pathologist explained to the family members or other people to whom the body is to be released that the pathologist proposed to retain the part or sample for a specified purpose and none of those members or people objected to the pathologist's proposal.

The pathologist must notify the coroner if the pathologist retains, or intends to retain, a part or sample under subsection (2)(a).
In this section, minute, in relation to a body part or bodily sample, has the meaning given by the Secretary by notice.
A notice under subsection (4) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes

Section 48(3): inserted, on 21 July 2016, by section 31 of the Coroners Amendment Act 2016 (2016 No 29).
Section 48(4): inserted, on 21 July 2016, by section 31 of the Coroners Amendment Act 2016 (2016 No 29).
Section 48(4): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
Section 48(5): replaced, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).