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Coroners Act 2006

Inquiries into causes and circumstances of deaths - Inquiries

58: Adverse comments by coroners

You could also call this:

"Coroners must follow rules when making negative comments about people or groups"

Illustration for Coroners Act 2006

You can make comments about someone's conduct during an inquiry. A coroner must follow rules when commenting about a dead or living person. They must give the person or their family a chance to respond. You have the right to be heard if a coroner wants to comment about you. The coroner must notify you and give you time to respond. They must also follow special rules when commenting about a company or organisation. The coroner's comments are subject to certain rules, including section 68. This section overrides other sections, such as sections 57 to 57B. The coroner must make sure you are treated fairly during the inquiry process.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM377594.

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Part 3Inquiries into causes and circumstances of deaths
Inquiries

58Adverse comments by coroners

  1. A coroner may, in the course of, or as part of the findings of, an inquiry, comment on the conduct, in relation to the circumstances of the death concerned, of any person.

  2. The coroner must not comment adversely on a dead person without—

  3. indicating an intention to do so; and
    1. adjourning the inquiry for at least 5 working days; and
      1. notifying every member of the person's immediate family who during the adjournment requests the coroner to do so of the proposed comment; and
        1. giving every such member a reasonable opportunity to be heard, either personally or by counsel, in relation to the proposed comment.

          1. The coroner must not comment adversely on a living person, corporation sole, body corporate, or unincorporated body without—

          2. taking all reasonable steps to notify the person, corporation, or body of the proposed comment; and
            1. giving the person, corporation, or body a reasonable opportunity to be heard, either personally or by counsel, in relation to the proposed comment.

              1. Notifications, or opportunities to be heard, required to be given to a body corporate or unincorporated body must be given to an officer or other representative of the body who is, or appears to be, authorised by the body for the purpose.

              2. This section overrides sections 57 to 57B, but is subject to section 68 (procedure if person charged with offence).

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              Notes
              • Section 58(5): amended, on , by section 37 of the Coroners Amendment Act 2016 (2016 No 29).