Coroners Act 2006

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

128: Warrant for removal of body

You could also call this:

"A court order to move a body from a place when it's being kept against the law."

A District Court Judge can issue a warrant to remove a body from a place, like a house or marae, if a constable applies in writing and swears it is true. You need to know that the coroner must have given directions about removing the body under section 20 and the body is being held against those directions. The New Zealand Police must have tried to get the body released using negotiation and other reasonable means before the warrant can be issued. The warrant must be in a special form and say who will execute it, like specific constables or any constable. The District Court Judge can add conditions to the warrant that they think are reasonable. You should be aware that the warrant is used to make sure the body is removed according to the coroner's directions.

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 It might be out of date or be missing some parts.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=DLM377883.

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

Topics:

Crime and justice > Police and safetyHealth and wellbeing > Public health

127: Limits on use of information, etc, given or produced in response to notice under section 120 or obtained through execution of warrant under section 122, or

"Information given to help with an inquiry can only be used for that inquiry"

129: Entry and search under warrant under section 128, or

"Police can search a place with a special warrant"

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

128Warrant for removal of body

A District Court Judge may issue a warrant for the removal of a body from a specified place (including, without limitation, a dwellinghouse or marae), craft, or vehicle if satisfied on an application in writing made on oath by a constable that—
a coroner (other than the District Court Judge) has given directions about the removal of the body under section 20; and
there are reasonable grounds to believe that the body is being held in or on that place, craft, or vehicle contrary to the directions; and
the New Zealand Police has, despite having already used negotiation and all other means that are reasonable in the circumstances, failed to secure the release of the body from that place, craft, or vehicle in accordance with the directions.

The warrant must be in the prescribed form, and must be—
directed to and executed by specified constables; or
directed to the New Zealand Police and executed by any 1 or more constables.

The warrant may be issued subject to any reasonable conditions the District Court Judge specifies in it.

Notes

Section 128(1): amended, on 21 July 2016, by section 65(1) of the Coroners Amendment Act 2016 (2016 No 29).
Section 128(2)(a): amended, on 21 July 2016, by section 65(2) of the Coroners Amendment Act 2016 (2016 No 29).
Section 128(2)(b): amended, on 21 July 2016, by section 65(3) of the Coroners Amendment Act 2016 (2016 No 29).