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Coroners Act 2006

Inquiries into causes and circumstances of deaths - Inquiries

75: Review of decisions relating to publication of details, evidence, etc

You could also call this:

"Asking a Judge to Review a Coroner's Decision"

Illustration for Coroners Act 2006

You can ask a High Court Judge to review a decision made by the chief coroner. This can happen if the chief coroner refuses to let you publish details of a self-inflicted death under section 71A, or if you are prohibited from doing something under section 74. The Judge will make a decision on your application. You have to wait for the Judge's decision before you can do anything. The Judge can choose to agree with the original decision, or they can change it or cancel it. They can also add conditions to their decision. The Judge's decision is final, and you must follow it. They can give you permission to do something, but they can also say no. You have to follow the rules and wait for the Judge's decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM377817.

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74: Coroner may prohibit making public of evidence given at any part of inquiry proceedings, or

"The coroner can keep some evidence secret to protect people and justice."

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76: People from whom evidence generally to be heard, or

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Part 3Inquiries into causes and circumstances of deaths
Inquiries

75Review of decisions relating to publication of details, evidence, etc

  1. This subsection applies to a person affected by—

  2. a refusal by the chief coroner to grant an exemption under section 71A from a restriction applying to the publication of details of self-inflicted deaths; or
    1. a prohibition under section 74.

      1. A person to whom subsection (1) applies may apply to a High Court Judge for a review of the refusal or prohibition.

      2. Until the Judge reaches a decision on the application, the refusal or prohibition concerned continues in effect.

      3. The Judge may (as the case requires), in the Judge's absolute discretion and on any ground the Judge thinks fit,—

      4. confirm the refusal, or revoke it and issue an authority; or
        1. confirm, modify, or revoke the prohibition.

          1. An authority may be issued under subsection (4)(a) unconditionally, or subject to conditions the Judge thinks fit.

          Compare
          Notes
          • Section 75 heading: replaced, on , by section 47(1) of the Coroners Amendment Act 2016 (2016 No 29).
          • Section 75(1)(a): replaced, on , by section 47(2) of the Coroners Amendment Act 2016 (2016 No 29).