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Coroners Act 2006

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

126: Review of dismissal of claim that section 121(2) applies

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"Asking a High Court Judge to Review a Dismissed Claim"

Illustration for Coroners Act 2006

You can ask a High Court Judge to review a decision if your claim was dismissed. You must do this within 5 working days of the dismissal. You can do this if you made a claim under section 121(1)(a), section 125(a), or section 127(4) and it was dismissed by a coroner or a District Court Judge. You make this request to a High Court Judge under sections 121, 125, and 127. For 5 working days, your claim is treated as not dismissed. The High Court Judge can then decide what to do with the dismissal. The High Court Judge can confirm, modify, or revoke the dismissal. They can make this decision for any reason they think is right. They have the absolute discretion to make this 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=DLM377880.

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Crime and justice > Courts and legal help
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Part 4Appointments, administration, powers, offences and penalties, and technical provisions
Powers

126Review of dismissal of claim that section 121(2) applies

  1. A person may, within 5 working days of the dismissal, apply to a High Court Judge for a review of the dismissal if—

  2. the person made a claim of the kind specified in section 121(1)(a) or section 125(a) or section 127(4); and
    1. the claim was dismissed by a coroner or a District Court Judge, as provided in section 121(1)(b) or section 125(b) or section 127(4)(a)(i) or (ii).

      1. The claim must, for the purposes of sections 121 and 125 and 127, be treated as not having been dismissed by the coroner or District Court Judge for the 5 working days referred to in subsection (1) of this section.

      2. The High Court Judge may (as the case requires), in the Judge's absolute discretion and on any ground the Judge thinks fit, confirm, modify, or revoke the dismissal.