Coroners Act 2006

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

117: Coroners' powers and immunities generally

You could also call this:

"What powers coroners have and how they are protected by law"

Illustration for Coroners Act 2006

When you are a coroner, you have the same powers as a District Court Judge when you are doing your job under the Coroners Act 2006, including powers under the Criminal Procedure Act 2011. You have the same immunities as a High Court Judge at all times. You can issue summonses and warrants, and punish people for contempt, as well as administer oaths and maintain order. When you are holding an inquest, you have the power to do many things, including issue summonses for witnesses and warrants to make them come, maintain order, and administer oaths. The Criminal Procedure Act 2011 applies to the powers you have as a coroner. If you are punishing someone for contempt, you have the same powers as a Judge under the Contempt of Court Act 2019. If someone gives evidence on oath or affirmation to you, it is treated as if they gave evidence in a court. You also have powers under other laws, and nothing in this section limits those powers. The Inferior Courts Procedure Act 1909 still applies to you when you are exercising your judicial authority.

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 It might be out of date or be missing some parts.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=DLM377871.

This page was last updated on View changes


Previous

116A: Establishment and constitution of suicide and media expert panel, or

""


Next

117A: Functions, powers, duties, and immunities of associate coroners, or

"What associate coroners can and can't do"

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

117Coroners' powers and immunities generally

  1. For the purpose of performing or exercising a function, power, or duty under this Act, a coroner has the same powers, privileges, authorities, and immunities as a District Court Judge exercising jurisdiction under the Criminal Procedure Act 2011.

  2. Despite subsection (1), a coroner who is not a District Court Judge has, at all times, the same immunities as a Judge of the High Court.

  3. In relation to an inquest held by a coroner for the purposes of an inquiry, the coroner has power to—

  4. issue summonses for the attendance of witnesses:
    1. issue warrants to enforce such summonses:
      1. maintain order:
        1. administer oaths or affirmations to witnesses:
          1. punish for contempt:
            1. adjourn proceedings from time to time and place to place.
              1. Subsection (3) does not limit subsection (1).

              2. The Criminal Procedure Act 2011, so far as it is applicable and with the necessary modifications, applies to the powers, privileges, authorities, and immunities conferred on coroners by this section.

              3. A coroner exercising the power under subsection (3)(e) has the same powers that a Judge has under subpart 2 of Part 2 of the Contempt of Court Act 2019, and subpart 2 and sections 25 and 26(1) and (2) of that Act apply with the necessary modifications.

              4. Evidence given by a person (whether at an inquest or otherwise) on oath or affirmation administered by a coroner under this section must, for the purposes of section 108 of the Crimes Act 1961 (which relates to perjury), be treated as having been given as evidence in a judicial proceeding on oath.

              5. Nothing in this section limits any power of a coroner under any other enactment or the application of the Inferior Courts Procedure Act 1909 (which makes further provision for the validity of the judicial proceedings of inferior courts notwithstanding technical or formal errors) in respect of the exercise by a coroner of any judicial authority conferred on the coroner by this Act.

              Compare
              Notes
              • Section 117(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
              • Section 117(5): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
              • Section 117(5A): inserted, on , by section 29 of the Contempt of Court Act 2019 (2019 No 44).