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Coroners Act 2006

Inquiries into causes and circumstances of deaths - Inquiries

59A: Limits on coroners’ jurisdiction to open inquiries

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"When a coroner can and can't investigate deaths that happened overseas or during military service"

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You cannot have an inquiry into a death that happened overseas unless the coroner thinks the overseas authorities have not found out how the person died, or they are not sure about the cause of death. The coroner also needs to think that having an inquiry in New Zealand will help find out how the person died. You cannot have an inquiry into a death that happened while the person was in the Defence Force on operational service and the death was because of fighting. If the coroner is already having an inquiry and they find out the death was because of fighting while the person was in the Defence Force, they must stop the inquiry. But the Attorney-General can tell the coroner to keep going with the inquiry. Before the Attorney-General makes this decision, they must think about whether the inquiry will help find out how the person died. The Attorney-General must also think about whether the inquiry could put New Zealand's security at risk or if it will look at military tactics. They must consider whether a court of inquiry has been or will be set up under section 200A of the Armed Forces Discipline Act 1971 to collect evidence about the death. If the Attorney-General tells the coroner to keep going, the coroner can only try to find out certain details about the death, as stated in section 4(2)‎(a). In this situation, an allied force and Defence Force have special meanings, which are explained in section 2(1) of the Defence Act 1990. Operational service means being in the Defence Force during a war, as a peacekeeper, or in another type of service that the Chief of Defence Force says is operational service.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6906459.

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Part 3Inquiries into causes and circumstances of deaths
Inquiries

59ALimits on coroners’ jurisdiction to open inquiries

  1. A coroner must not open an inquiry into an overseas death unless the coroner is reasonably satisfied that—

  2. overseas authorities have not established the cause and circumstances of the death, or there is doubt about the accuracy of any conclusion reached by an overseas authority; and
    1. an inquiry under this Act is likely to identify the cause and circumstances of the death.

      1. A coroner must not open an inquiry into a death if the coroner is satisfied that the death—

      2. occurred while the dead person was a member of the Defence Force on operational service; and
        1. arose from hostilities in which the Defence Force or an allied force was engaged.

          1. A coroner must adjourn an inquiry if, during the course of the inquiry, the coroner determines that the death to which the inquiry relates is likely to have occurred in the circumstances described in subsection (2).

          2. Subsections (2) and (3) apply unless the Attorney-General directs the coroner to carry out an investigation, or to resume an inquiry, into the cause and circumstances of the death.

          3. Before the Attorney-General directs a coroner to carry out an investigation, or to resume an inquiry, the Attorney-General must, without limitation, consider—

          4. whether the investigation or inquiry is likely to identify the cause and circumstances of the death; and
            1. whether the investigation or inquiry could reveal information that may prejudice the security or defence of New Zealand; and
              1. whether the investigation or inquiry is likely to examine military tactics; and
                1. whether a court of inquiry has been, or will be, assembled under section 200A of the Armed Forces Discipline Act 1971 for the purposes of collecting and recording evidence about the relevant death.

                  1. If the Attorney-General directs a coroner to carry out an investigation, or to resume an inquiry, the coroner may open or resume an inquiry, but its only purpose is to establish, so far as possible, the particulars specified in section 4(2)(a).

                  2. In this section,—

                    allied force and Defence Force have the meanings given in section 2(1) of the Defence Act 1990

                      operational service means service as a member of the Defence Force—

                      1. in a war or other armed conflict; or
                        1. in a peacekeeping force; or
                          1. in any other type of service declared by the Chief of Defence Force to be operational service for the purposes of this section.

                          Notes
                          • Section 59A: inserted, on , by section 38 of the Coroners Amendment Act 2016 (2016 No 29).