Coroners Act 2006

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

131: Power to seize evidence relevant to post-mortem

You could also call this:

"Police can take items near or on a body to help with a post-mortem investigation"

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If you are a police officer helping to move a body, you can take things that might be important for the post-mortem. You can take things near the body or on the body itself if you think they might be relevant to the post-mortem directed under section 31. You must use reasonable force to take these things. You must tell the owner of the thing you took, or the person in charge of the place where you took it, within 5 working days. You can tell them by giving them a written notice or by leaving a notice in a prominent position. You must give the things you took to the coroner who directed the post-mortem under section 31. You must return the things as soon as you do not need them anymore for the post-mortem.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM377886.

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

131Power to seize evidence relevant to post-mortem

  1. A constable complying with, or helping to ensure compliance with, a direction about the removal of a body under section 20, or executing a warrant for the removal of a body under section 128, may, using any force reasonably necessary in the circumstances, seize a thing—

  2. on, or in the immediate vicinity of, the body as found in the place, craft, or vehicle from which it is being removed; and
    1. that the constable believes on reasonable grounds is or may be relevant to the post-mortem of the body directed under section 31.
      1. Within 5 working days after seizing a thing under subsection (1), the constable must take all reasonable steps to inform the owner or occupier of the place, person in charge of the craft, or driver or rider of the vehicle from which the body is removed, or the person from whose possession or control the thing was seized, of the fact that the thing was seized and of the place from where it was seized.

      2. The constable may inform the owner or occupier, person in charge, or driver or rider by delivering to him or her a written notice containing that information, or by leaving a notice of that kind in a prominent position at or in the place, craft, or vehicle from which the body is removed.

      3. Any thing seized under subsection (1) must be delivered to the coroner who directed under section 31 the post-mortem of the body and must if practicable be returned promptly once it is no longer needed for the purposes of that post-mortem.

      Notes
      • Section 131(1): amended, on , by section 68 of the Coroners Amendment Act 2016 (2016 No 29).
      • Section 131(1)(b): amended, on , by section 68 of the Coroners Amendment Act 2016 (2016 No 29).
      • Section 131(2): amended, on , by section 68 of the Coroners Amendment Act 2016 (2016 No 29).
      • Section 131(3): amended, on , by section 68 of the Coroners Amendment Act 2016 (2016 No 29).