Coroners Act 2006

Technical provisions

Schedule 3: Arrangements effective on and after 1 July 2007

You could also call this:

"What happens to coroners and their work after 1 July 2007"

You need to know about the Coroners Act 2006. This act has a schedule that explains what happens on and after 1 July 2007. It talks about what happens to coroners who were working under the old act. When the old act was repealed, former coroners stopped being coroners. But they can still finish any work they started under the old act. They will get paid according to the old act's rules. If a former coroner had authorised a post-mortem exam, it must still be done. The doctor will get paid according to the old act's rules. Some rules from the old act still apply, even though it's been repealed. These rules are about things like post-mortem exams and inquiries into deaths. They help make sure that everything is done properly, even if the old act is no longer in use. The new act has its own rules, but it also refers to the old act in some cases. For example, if a former coroner decided not to hold an inquest, a new coroner can still decide to open an inquiry. The references to coroners in the new act include former coroners who were working under the old act.

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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.

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

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Schedule 2: Functions or powers available day after assent, or

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

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

"Changes to the Judicial Conduct Commissioner and Judicial Conduct Panel Act"

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

in clauses 7, 8, 14 to 16, and 18, includes a person who, at any time before the repeal of the former Act,—

held office under the former Act as a coroner or deputy coroner; or
was (under section 22(a) of the District Court Act 2016) a coroner by virtue of holding office as a District Court Judge.

Notes

Schedule 3 clause 1(b)(ii): amended, on 1 March 2017, 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),—

every inquest he or she was holding, and had not completed, immediately before the repeal of that Act; and

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.

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 1 March 2017, 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.