Coroners Act 2006

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

55: Return on request of retained parts and samples

You could also call this:

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

Illustration for Coroners Act 2006

You can ask for body parts or samples to be returned under section 50 or 51. The coroner must return these parts or samples when they finish their inquiry and sign a certificate, or when they decide not to start an inquiry. You can find more information about this in sections 94 and 64. If you ask for something to be returned, it will be given back to you unless it was destroyed during analysis. However, if the coroner cannot find you after trying really hard, they do not have to return the body parts or samples and can use and dispose of them under section 56. This rule is more important than the one that says the coroner must return the body parts or samples. This rule is also subject to section 54, which has more information about what happens to body parts and samples. You can read about what happens when the coroner finishes their inquiry or decides not to start one in sections 94 and 64, and about what happens to body parts and samples in sections 56 and 54.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM377589.

This page was last updated on View changes


Previous

54: Restrictions on return and disposal, or

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


Next

56: Use and disposal of retained parts or samples whose return is not requested, or

"What happens to body parts or samples that nobody wants back"

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

55Return on request of retained parts and samples

  1. This section applies to a part or sample whose return is sought by a request under section 50 or 51.

  2. The part or sample must, to the extent that it has not been destroyed in the course of analysis conducted for the purpose for which it was retained, be returned to the makers of the request when—

  3. the coroner, having conducted and completed an inquiry into the death, completes and signs a certificate of findings in accordance with section 94; or
    1. the coroner notifies the Secretary, under section 64, of the coroner's decision not to open an inquiry.
      1. However, the part or sample need not be returned, and may be used and disposed of under section 56, if the makers of the request cannot, after all reasonable efforts for the purpose have been made, be located.

      2. Subsection (3) overrides subsection (2).

      3. This section is subject to section 54.

      Notes
      • Section 55(2): replaced, on , by section 34 of the Coroners Amendment Act 2016 (2016 No 29).