Coroners Act 2006

Inquiries into causes and circumstances of deaths - Inquiries

64: Duties of coroner who decides not to open inquiry

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"What a coroner must do if they decide not to investigate a death"

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If you are a coroner and you decide not to open an inquiry into a death, you must tell the Secretary about your decision in an approved form. You must include your reasons for not opening an inquiry and the cause of death, if you know it. You can record the cause of death as presumed natural causes if you think that is what happened and you do not need to investigate further. You do not have to give information about the death if you think it is not in the public interest. When you fill out the approved form, you must also include a written statement with the person's identity and have it signed and witnessed by a constable or someone the coroner says is okay to witness it. You can find more information about this by looking at the Coroners Act 2006 and the changes made by the Coroners Amendment Act 2023.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM377800.

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Part 3Inquiries into causes and circumstances of deaths
Inquiries

64Duties of coroner who decides not to open inquiry

  1. A coroner who decides not to open an inquiry into a death must notify the Secretary, in an approved form, of the decision.

  2. An approved form must contain or have attached to it (as the case requires)—

  3. the coroner’s reasons for the decision not to open an inquiry; and
    1. the cause of death to the extent known.
      1. The coroner may record the cause of death in an approved form as presumed natural causes without investigation if the coroner is satisfied that—

      2. the evidence gathered to date raises a presumption that the death is from natural causes; and
        1. no further investigation is required to discharge the coroner’s role under this Act.
          1. The coroner is not required to provide information regarding the circumstances of the death if the coroner considers there is no public interest in doing so.

          2. An approved form must also be accompanied by a written statement as to the identity of the person concerned and that—

          3. is signed by the person making it; and
            1. shows that the person's signature has been witnessed either by a constable or by a person (not being a constable) the coroner authorised to witness that signature.
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              Notes
              • Section 64(1): amended, on , by section 8(1) of the Coroners Amendment Act 2023 (2023 No 8).
              • Section 64(2): replaced, on , by section 8(2) of the Coroners Amendment Act 2023 (2023 No 8).
              • Section 64(2A): inserted, on , by section 8(2) of the Coroners Amendment Act 2023 (2023 No 8).
              • Section 64(2B): inserted, on , by section 8(2) of the Coroners Amendment Act 2023 (2023 No 8).
              • Section 64(3): amended, on , by section 8(3) of the Coroners Amendment Act 2023 (2023 No 8).
              • Section 64(3)(b): amended, on , by section 42 of the Coroners Amendment Act 2016 (2016 No 29).