Coroners Act 2006

Inquiries into causes and circumstances of deaths - Inquiries

70: Coroner may decide not to open or resume postponed or adjourned inquiry

You could also call this:

"The coroner can stop an inquiry from happening or restarting if certain conditions are met."

Illustration for Coroners Act 2006

You are part of an inquiry that is postponed or adjourned under section 68 or section 69. A coroner can decide not to open or resume the inquiry. The coroner must be satisfied that certain matters have been established in the course of the relevant criminal proceedings or investigation, as specified in section 57(2)(a) to (e). You need to know that the coroner or the chief coroner makes this decision. They must be satisfied that the matters have been adequately established. The coroner gives the Secretary written notice that the inquiry will not be opened or resumed. The coroner makes this decision based on the information available. They must follow the rules set out in the legislation. The decision is made to ensure that the inquiry is not unnecessary.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM377808.

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


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Part 3Inquiries into causes and circumstances of deaths
Inquiries

70Coroner may decide not to open or resume postponed or adjourned inquiry

  1. This subsection applies to an inquiry that is postponed or adjourned under either of the following sections:

  2. section 68 (procedure if person charged with offence):
    1. section 69 (procedure if some other investigation to be conducted).
      1. A coroner may decide, or the chief coroner may direct the coroner, not to open or resume an inquiry to which subsection (1) applies.

      2. Before making a decision or a direction under subsection (2), the coroner or the chief coroner (as applicable) must be satisfied that the matters specified in section 57(2)(a) to (e) have, in respect of the death concerned, been adequately established in the course of the relevant criminal proceedings or investigation.

      3. A coroner who decides, or who is directed, under subsection (2) not to open or resume an inquiry must give the Secretary written notice that the inquiry will not be opened or resumed.

      Notes
      • Section 70: replaced, on , by section 46 of the Coroners Amendment Act 2016 (2016 No 29).