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Coroners Act 2006

Inquiries into causes and circumstances of deaths - Inquiries

68: Procedure if person charged with offence

You could also call this:

"What happens to a coroner's inquiry if someone might be charged with a crime"

Illustration for Coroners Act 2006

If you are a coroner looking into a death, and someone might be charged with a crime related to that death, you can postpone or stop the inquiry. You can do this if you think going ahead with the inquiry might hurt the person's case. You must wait until the criminal case is finished before you can start or continue the inquiry. If you have stopped the inquiry, you can start it again if the person is no longer going to be charged, or if starting it again won't hurt them. The criminal case is finished when no more appeals can be made, unless a higher court says otherwise. You still have to tell the Registrar of the death, as required by section 42 of the Births, Deaths, Marriages, and Relationships Registration Act 2021.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM377805.

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"Tell the chief coroner and Secretary when an inquiry starts"

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"Waiting for another investigation to finish before looking into a death"

Part 3Inquiries into causes and circumstances of deaths
Inquiries

68Procedure if person charged with offence

  1. This subsection applies to a responsible coroner in relation to a death who—

  2. has been informed that some person has been, or may be, charged with a criminal offence relating to the death or its circumstances; and
    1. is satisfied that to open or (as the case requires) proceed with an inquiry might prejudice the person.

      1. A coroner to whom subsection (1) applies may—

      2. postpone opening an inquiry into the death; or
        1. open an inquiry into the death and then adjourn it; or
          1. adjourn an inquiry already opened into the death.

            1. A coroner who has under subsection (2) postponed or adjourned an inquiry must not open or proceed with it until criminal proceedings against the person have been finally concluded (as defined in subsection (6)).

            2. Subsections (2) and (3) do not limit or affect section 42 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (which requires the coroner to notify a Registrar of the death).

            3. Despite subsection (3), a coroner who has under subsection (2) postponed or adjourned an inquiry may later open or resume it if satisfied that—

            4. the person is no longer to be charged with a criminal offence relating to the death or its circumstances; or
              1. to open or resume it would not prejudice the person charged, or thought likely to be charged, with a criminal offence relating to the death or its circumstances.

                1. Criminal proceedings are finally concluded for the purposes of this section if no appeal (or, as the case requires, no further appeal) can be made in the course of the proceedings unless the High Court, Court of Appeal, or Supreme Court grants an extension of time.

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                Notes
                • Section 68(1): amended, on , by section 44 of the Coroners Amendment Act 2016 (2016 No 29).
                • Section 68(4): amended, on , by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).