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Coroners Act 2006

Inquiries into causes and circumstances of deaths - Inquiries

65A: Coroner may close inquiry despite initial decision

You could also call this:

"A coroner can stop an investigation if they get new information, but must follow certain rules."

Illustration for Coroners Act 2006

If you are a coroner, you can close an inquiry after you have started it. You can do this if you get new information that was not available when you made the initial decision to start the inquiry. You must think about what people have said about closing the inquiry. You cannot close an inquiry if it has to be started under section 60. You also cannot close it on or after the date set for an inquest under section 81(1) or (2). There are other times when you cannot close an inquiry. Before you close an inquiry, you must tell people who are interested in it that you are thinking of closing it. You must give them reasons why you want to close it and tell them that you know who the dead person is. These people can then give you their thoughts on closing the inquiry. If you decide to close the inquiry, you must tell certain people about your decision. You must give them your reasons for closing it and what people said about it. You must also tell them how the person died, if you know. You can say the person died from natural causes if you think that is what happened. You do not have to give all the details about the death if you do not think it is necessary. Your decision to close the inquiry is more important than anything you said earlier.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1569868.

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Part 3Inquiries into causes and circumstances of deaths
Inquiries

65ACoroner may close inquiry despite initial decision

  1. A coroner, after deciding to open an inquiry (the initial decision), may close that inquiry if the coroner—

  2. is satisfied that new information unavailable at the time of the initial decision, or another change in circumstances, means that it is no longer appropriate to conduct the inquiry; and
    1. has considered submissions made under subsection (4).

      1. However, a coroner must not close an inquiry under subsection (1)—

      2. that is required to be opened and conducted under section 60; or
        1. on or after the date fixed for an inquest under section 81(1) or (2); or
          1. if the coroner is not satisfied of the matters in section 92(1); or
            1. if the inquiry is ordered by the Solicitor-General or the High Court under any of sections 95 to 97.

              1. Before deciding to close an inquiry under subsection (1), a coroner must notify interested parties, in an approved form, of the proposal to close the inquiry, including—

              2. the reasons for proposing to close the inquiry; and
                1. a statement that the coroner is satisfied as to the identity of the dead person concerned.

                  1. Persons notified under subsection (3) may make submissions to the coroner on the proposal within 15 working days of the notification being made.

                  2. A coroner who decides to close an inquiry under subsection (1) must notify the following persons of the decision in an approved form:

                  3. the Secretary:
                    1. interested parties.

                      1. An approved form under subsection (5) must contain or have attached to it, as the case requires,—

                      2. the coroner’s reasons for the decision to close the inquiry; and
                        1. if any submissions are made under subsection (4), the coroner’s consideration of those submissions; and
                          1. the cause of death to the extent that it is known; and
                            1. a statement that the coroner is satisfied as to the identity of the dead person concerned.

                              1. The coroner may record the cause of death as presumed natural causes if the coroner is satisfied, based on the evidence gathered to date, that—

                              2. the death appears to be from natural causes; and
                                1. no further investigation is required to discharge the coroner’s role under this Act.

                                  1. In the coroner’s notification under subsection (5), the coroner is not required to provide information about the circumstances of the death concerned if the coroner—

                                  2. takes into account the public interest in the circumstances of the death; and
                                    1. considers that there is no clear benefit to the public in providing the information.

                                      1. The coroner’s notification under subsection (5) prevails over a certificate of interim findings issued under section 93 in relation to the death concerned.

                                      Notes
                                      • Section 65A: inserted, on , by section 20 of the Judicature (Timeliness) Legislation Amendment Act 2025 (2025 No 85).