Coroners Act 2006

Inquiries into causes and circumstances of deaths - Inquests

81: Date, etc, and notice of inquest

You could also call this:

"When and where an inquest happens, and who gets told about it"

If you are a coroner, you must decide on a date, time, and place for an inquest. You must also tell interested parties about the inquest at least 10 working days before it happens, as stated in section 23. You should choose a place for the inquest that is convenient for the people involved, like the family of the person who died. If someone who should have been told about the inquest was not, you must delay the inquest and give them time to prepare. Not following these rules does not make the inquest invalid, but it does not affect sections 95 to 97 either.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM377824.

This page was last updated on 12 December 2025 — View changes

Topics:

Crime and justice > Victim supportGovernment and voting > Government departments

80: Decision to hold inquest, or

"When to Hold an Inquest into Someone's Death"

82: Inquests usually to be before coroner alone, or

"Inquests are usually heard by a coroner alone, without a jury."

Part 3Inquiries into causes and circumstances of deaths
Inquests

81Date, etc, and notice of inquest

A coroner who decides to hold an inquest for the purposes of an inquiry must—
fix a date, time, and place for the inquest; and
comply with section 23 (coroner must give interested parties notice of significant matters) in relation to the date, time, and place fixed for the inquest at least 10 working days before that date.

A coroner who becomes aware before or during the inquest that an interested party was not given notice under subsection (1) must—
adjourn the inquiry so as to permit the person to prepare for, and attend, the inquest; and
fix a new date, time, and place for the inquest; and
ensure notice is given under subsection (1) of that new date, time, and place for the inquest.

In fixing under this section the place for an inquest, the coroner must have regard to the location (if known) where the death concerned appears to have occurred, and to the locations of the residences or principal places of business of all persons who the coroner knows—
are members of the immediate family of the person who is, or is suspected to be, the dead person concerned; or
are likely to have their conduct called into question if an inquiry is opened in relation to the death; or
have a sufficient interest in the subject or outcome of the inquiry concerned; or
will or may give evidence, or cross-examine witnesses giving evidence, at the inquest; or
may be required to be heard, in accordance with section 58(2) or (3), in relation to a proposed adverse comment by the coroner in the course, or as part of the findings, of the inquiry concerned.

A failure to comply with subsection (1) or subsection (2) does not affect the validity of any action taken by or on behalf, or at the direction, of a coroner.
Subsection (4) does not limit or affect sections 95 to 97 (inquiries or further inquiries ordered by Solicitor-General or High Court).

Compare

1988 No 111 s 23

Notes

Section 81(1): replaced, on 21 July 2016, by section 50(1) of the Coroners Amendment Act 2016 (2016 No 29).
Section 81(2): amended, on 21 July 2016, by section 50(2) of the Coroners Amendment Act 2016 (2016 No 29).
Section 81(3)(a): amended, on 21 July 2016, by section 50(3) of the Coroners Amendment Act 2016 (2016 No 29).
Section 81(3)(ab): inserted, on 21 July 2016, by section 50(4) of the Coroners Amendment Act 2016 (2016 No 29).