Coroners Act 2006

Inquiries into causes and circumstances of deaths - Inquests

91: Evidence at distance for purposes of inquest

You could also call this:

"Getting evidence from somewhere else for an inquest"

Illustration for Coroners Act 2006

You are a coroner who wants to hold an inquest. You think it is necessary to get evidence from somewhere else. You can ask another coroner, an associate coroner, or a Justice to get this evidence for you. They have the same powers as you to get the evidence. You must follow the rules in sections like section 81, section 76, section 79(1) and (2), section 88, section 89, and section 90 when getting this evidence. When evidence is given, it must be written down, read to the witness, and signed by the witness and the person who got the evidence. Then, the evidence is sent to the coroner who is holding the inquest. The coroner must use this evidence as if it was given at the inquest.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM377834.

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Part 3Inquiries into causes and circumstances of deaths
Inquests

91Evidence at distance for purposes of inquest

  1. This subsection applies to a coroner who—

  2. intends to hold, or is holding, an inquest; and
    1. is satisfied that it is necessary or desirable to have any evidence taken at a place other than the place where the inquest is to be, or is being, held.
      1. A coroner to whom subsection (1) applies may, by written notice signed by the coroner, authorise some other coroner or, if no other coroner is available, an associate coroner or a Justice to take the evidence.

      2. A coroner, an associate coroner, or a Justice taking evidence under subsection (2) has the same powers in respect of taking it as the coroner holding the inquest concerned, and must give notice under section 81 (date, etc, and notice of inquest) of the taking of the evidence as if it were the inquest concerned.

      3. The following sections apply to the taking of evidence under subsection (2) as if it were being taken at an inquest:

      4. section 76 (people from whom evidence generally to be heard):
        1. section 79(1) and (2) (admission and verification of evidence):
          1. section 88 (evidence at inquest):
            1. section 89 (others who may cross-examine at inquest):
              1. section 90 (evidence by written statement confirmed by witness).
                1. Evidence given by a witness under subsection (2) and admitted by a coroner, an associate coroner, or a Justice must be—

                2. put into writing; and
                  1. read over to or by the witness; and
                    1. signed by the witness and the coroner, associate coroner, or Justice.
                      1. The coroner, associate coroner, or Justice must then send the evidence to the coroner holding the inquest concerned.

                      2. The coroner holding the inquest must receive the evidence and act upon it as if it had been given and admitted at the inquest concerned.

                      Compare
                      Notes
                      • Section 91(2): amended, on , by section 12(1) of the Coroners Amendment Act 2023 (2023 No 8).
                      • Section 91(3): amended, on , by section 12(2) of the Coroners Amendment Act 2023 (2023 No 8).
                      • Section 91(5): replaced, on , by section 12(3) of the Coroners Amendment Act 2023 (2023 No 8).
                      • Section 91(6): inserted, on , by section 12(3) of the Coroners Amendment Act 2023 (2023 No 8).
                      • Section 91(7): inserted, on , by section 12(3) of the Coroners Amendment Act 2023 (2023 No 8).