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"

You can ask for body parts or samples to be returned. This happens when a coroner finishes an inquiry and signs a certificate, or decides not to start an inquiry, or closes an inquiry under section 94, section 64, or section 65A. The body parts or samples must be returned to you unless they were destroyed during analysis. You will get the body parts or samples back when the coroner makes a decision. However, if you cannot be found, the body parts or samples do not have to be returned and can be used and disposed of under section 56. This rule is more important than the rule about returning the body parts or samples. This rule is also subject to section 54.

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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 5 February 2026 — View changes

Topics:

Health and wellbeing > Public healthCrime and justice > Victim support

54: Restrictions on return and disposal, or

"Rules for keeping or getting rid of body parts or samples safely"

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

This section applies to a part or sample whose return is sought by a request under section 50 or 51.
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—
the coroner, having conducted and completed an inquiry into the death, completes and signs a certificate of findings in accordance with section 94; or
the coroner notifies the Secretary, under section 64, of the coroner's decision not to open an inquiry.
the coroner notifies the Secretary of the coroner’s decision to close an inquiry under section 65A.

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.
Subsection (3) overrides subsection (2).
This section is subject to section 54.

Notes

Section 55(2): replaced, on 21 July 2016, by section 34 of the Coroners Amendment Act 2016 (2016 No 29).
Section 55(2)(c): inserted, on 1 February 2026, by section 19 of the Judicature (Timeliness) Legislation Amendment Act 2025 (2025 No 85).