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Coroners Act 2006

Appointments, administration, powers, offences and penalties, and technical provisions - Appointments

114: Removal

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"The Governor-General can remove a coroner from their job if they can't do it or misbehave."

Illustration for Coroners Act 2006

The Governor-General can remove a coroner or an associate coroner from their job if they think it is necessary. You can be removed for being unable to do your job or for misbehaving. This is subject to certain rules in the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004, which can be found at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293716 and https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM293717. The Governor-General can only remove you if a Judicial Conduct Panel says it is justified or if you have been convicted of a serious crime. If you are a District Court Judge and also a coroner, these rules do not apply to you, as stated in section 22(a) of the District Court Act 2016, which can be found at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6942299.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM377866.

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Part 4Appointments, administration, powers, offences and penalties, and technical provisions
Appointments

114Removal

  1. The Governor-General may, if he or she thinks fit, remove a coroner or an associate coroner from office for inability or misbehaviour.

  2. Subsection (1) is subject to sections 33(2) and 34 of the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004, which prevent removal unless—

  3. a Judicial Conduct Panel has reported to the Attorney-General that it is of the opinion that consideration of the removal of the coroner or the associate coroner is justified; or
    1. the coroner or the associate coroner has been convicted of a criminal offence punishable by imprisonment for 2 or more years and the Attorney-General takes steps independently of that Act to initiate the removal of the coroner or the associate coroner.

      1. Nothing in this section applies to a person who (under section 22(a) of the District Court Act 2016) is a coroner by virtue of holding office as a District Court Judge.

      Compare
      Notes
      • Section 114(1): amended, on , by section 23(1) of the Coroners Amendment Act 2023 (2023 No 8).
      • Section 114(2)(a): amended, on , by section 23(2) of the Coroners Amendment Act 2023 (2023 No 8).
      • Section 114(2)(b): amended, on , by section 23(3) of the Coroners Amendment Act 2023 (2023 No 8).
      • Section 114(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).