Coroners Act 2006

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

54: Restrictions on return and disposal

You could also call this:

"Rules for keeping or getting rid of body parts or samples after a coroner's investigation"

Illustration for Coroners Act 2006

You can keep a body part or sample if it might harm someone's health or safety. The pathologist decides this. They can also return it with conditions, like storing it in a sealed container. You cannot return or dispose of a body part or sample without the coroner's written approval. The coroner checks if it will affect a criminal investigation. The return or disposal must also follow the law. The coroner looks at sections like section 53, 55, or 56 to make this decision. They want to ensure it does not harm the investigation. The coroner's approval is necessary before anything happens to the body part or sample.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM377588.

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53: Parts and samples whose retention is not permitted must generally be returned when body released, or

"Body parts that can't be kept must be returned when the body is released"


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55: Return on request of retained parts and samples, or

"Getting back body parts or samples after a coroner's inquiry"

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

54Restrictions on return and disposal

  1. A part or sample referred to in section 53 or 55 may be retained, or may be returned subject to specified conditions (for example, conditions relating to the storage of the part or sample in a sealed container) if, in the pathologist's opinion, returning it, or returning it otherwise than subject to the specified conditions, would endanger the health or safety of the public or a member of the public.

  2. No part or sample referred to in section 53, 55, or 56 may be returned or disposed of under that section unless—

  3. the coroner has first confirmed in writing that the return or disposal (as the case requires) of the part or sample appears unlikely to prejudice the prevention, detection, investigation, prosecution, and punishment of criminal offences relating to the death concerned or its circumstances; and
    1. the return or disposal is otherwise lawful.