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Coroners Act 2006

Technical provisions

Schedule 3: Arrangements effective on and after 1 July 2007

You could also call this:

"Rules that still apply after 1 July 2007"

Illustration for Coroners Act 2006

You need to know about the Coroners Act 2006. This Act has a schedule that explains what happens on and after 1 July 2007. The schedule is like a set of extra rules. When the old Coroners Act 1988 was repealed, some things still needed to be finished. You are a former coroner if you were a coroner or deputy coroner before the old Act was repealed. You can still do some things under the old Act until they are finished. The old Act is still used for some things, like post-mortem examinations. A post-mortem examination is when a doctor looks at a body to find out how someone died. The doctor must follow the old Act's rules until the examination is finished. Some people, like former coroners, can still get paid for their work. They get paid according to the old Act's rules. You can find these rules in the old Act's section 45. If someone reported a death to a Justice before the old Act was repealed, the Justice must still do their job. The Justice must follow the old Act's rules until they finish their job. There are also rules about what happens if a former coroner or Justice decided not to hold an inquest. An inquest is like an inquiry into someone's death. If they decided not to hold an inquest, a new coroner can decide to open an inquiry instead. The new Act has some rules that are similar to the old Act's rules. For example, if a coroner decides not to open an inquiry, it's like a former coroner deciding not to hold an inquest. You can find these rules in the new Act's sections 95, 96, and 97. Some former coroners can also be part of the new Act's rules. For example, if a former coroner has been a barrister or solicitor for a shorter time, they can still be part of the new Act's rules. You can find these rules in the new Act's sections 103(2) and 104(2).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM378306.

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"What happens to some coroner powers the day after the law is agreed"

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Schedule 4: Amendments to Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004, or

"Changes to the Judicial Conduct Laws 2004"

3Arrangements effective on and after 1 July 2007 Empowered by s 144

1

In this schedule, former Act means the Coroners Act 1988, and former coroner—

  • means a person who, immediately before the repeal of the former Act by section 143, held office under the former Act as a coroner or deputy coroner; and
    1. in clauses 7, 8, 14 to 16, and 18, includes a person who, at any time before the repeal of the former Act,—
      1. held office under the former Act as a coroner or deputy coroner; or
        1. was (under section 22(a) of the District Court Act 2016) a coroner by virtue of holding office as a District Court Judge.

            2. Notes
            • Schedule 3 clause 1(b)(ii): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).

            2

            On the repeal of the former Act, every former coroner vacates office under that Act as a coroner or deputy coroner.

              3

              No former coroner is entitled to compensation for loss of office as a coroner or deputy coroner under clause 2.

                4

                A former coroner may nevertheless continue in office under the former Act for the period reasonably necessary to enable him or her to complete, under that Act (which remains in force for these purposes as if it had not been repealed),—

              1. every inquest he or she was holding, and had not completed, immediately before the repeal of that Act; and
                1. the performance or exercise of his or her functions, powers, and duties under that Act in respect of every death reported to him or her before the repeal of that Act.

                      1. 5

                      The salaries, fees, allowances, and travelling allowances and expenses payable to former coroners who continue in office in accordance with clause 4 (and to any coroners who under clause 6 replace those former coroners) are those prescribed by regulations made under section 45 of the former Act.

                        6

                        A former coroner who continues in office under clause 4 may resign or be removed under section 33 or 34 of the former Act and, if that occurs, a coroner may be appointed under that Act to replace that former coroner for the period and the purposes for which that former coroner would otherwise have continued in office under clause 4.

                          7

                          Every post-mortem examination that a former coroner or a Justice has authorised a doctor to perform under the former Act and that, on the repeal of that Act, has not been completed, must be performed and completed (with all associated reports required also being completed) under that Act (which remains in force for these purposes as if it had not been repealed).

                            8

                            An authorisation by a former coroner or a Justice for the disposal of a body under section 13 of the former Act (whether before its repeal or as continued in force for the purposes specified in clause 4) must, on and after the repeal of that Act, be treated as if it were an authorisation for the release of the body under section 42 of this Act.

                              9

                              If the High Court has ordered under section 39 of the former Act that a doctor be authorised to perform a post-mortem examination and, on the repeal of that Act, the post-mortem examination has not been authorised or completed, it must be authorised, performed, and completed under that Act (which remains in force for these purposes as if it had not been repealed).

                                10

                                The salaries, fees, allowances, and travelling allowances and expenses payable to doctors, analysts, and pathologists who perform any function in connection with a post-mortem examination referred to in clause 7 or 9 are those prescribed by regulations made under section 45 of the former Act.

                                  11

                                  An application to the High Court under section 39 of the former Act and that, on the repeal of that Act, has not been determined, must be determined as if it were an application under section 41 of this Act.

                                    12

                                    A Justice to whom a death is reported in accordance with section 6(1) of the former Act and who, on the repeal of that Act, has not completed his or her performance or exercise of the functions and powers conferred by section 6(2) of that Act, must complete his or her performance or exercise of those functions and powers (which remain in force as if that Act had not been repealed).

                                      13

                                      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 and, on the repeal of the former Act, has not completed in relation to a death reported to him or her under that Act his or her performance or exercise of the functions and powers conferred by that Act, must complete his or her performance or exercise of those functions and powers (which remain in force as if that Act had not been repealed).

                                        Notes
                                        • Schedule 3 clause 13: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).

                                        14

                                        If a former coroner or a Justice has, under section 20 of the former Act, decided not to hold an inquest, a coroner as defined in section 10 of this Act (coroner A) may, under section 65 of this Act, decide to open an inquiry as if the former coroner's decision not to hold an inquest were a decision by coroner A not to open an inquiry.

                                          15

                                          The reference in section 95 to a coroner failing or refusing to open an inquiry includes a reference to a former coroner or a Justice failing or refusing to hold an inquest under the former Act.

                                            16

                                            The reference in section 96 to a coroner deciding not to open an inquiry into a death includes a reference to a former coroner or a Justice deciding under the former Act not to hold an inquest into the death.

                                              17

                                              The reference in section 97 to 1 or more inquiries conducted into a death includes a reference to 1 or more inquests held into the death under the former Act.

                                                18

                                                The references in sections 103(2) and 104(2) to people who have held a practising certificate as a barrister or solicitor for at least 5 years include a reference to former coroners who have held a certificate of that kind for a shorter period.