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Coroners Act 2006

Inquiries into causes and circumstances of deaths - Inquiries

77A: Associate coroner holds hearing on papers or refers death to chief coroner

You could also call this:

"What happens when an associate coroner looks at a death: a hearing or sending it to the chief coroner"

Illustration for Coroners Act 2006

You can have a hearing on papers or an inquest when someone dies. An associate coroner decides what to do. They look at what is said in section 80(2) to help them decide. You get to have a say if you are an interested party. The associate coroner tells you what they plan to do and you can tell them your views. If no one wants an inquest, the associate coroner can make a decision on the papers. If someone wants an inquest, the associate coroner sends the case to the chief coroner. The chief coroner then gives the case to a coroner. The coroner decides whether to have an inquest or a hearing on papers. The coroner thinks about what you and others have said when making their decision. They do not have to ask you again if they decide to have a hearing on papers.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS833253.

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Part 3Inquiries into causes and circumstances of deaths
Inquiries

77AAssociate coroner holds hearing on papers or refers death to chief coroner

  1. An associate coroner may hold a hearing on the papers and make chambers findings if—

  2. the associate coroner considers an inquest may not be required, having considered the matters in section 80(2); and
    1. the associate coroner notifies interested parties of the associate coroner’s intention to hold a hearing on the papers and make chambers findings rather than refer the death to the chief coroner; and
      1. the associate coroner allows a reasonable period for interested parties to make their views known to the associate coroner on whether—
        1. an inquest should be held; or
          1. a hearing should proceed on the papers; and
          2. no interested party expresses the view that an inquest should be held.

            1. If an interested party expresses the view that an inquest should be held, or the associate coroner considers an inquest may be required,—

            2. the associate coroner must refer the death to the chief coroner; and
              1. the chief coroner must assign the death to a coroner (but not to an associate coroner).

                1. The coroner who is assigned the death must decide whether to hold an inquest or a hearing on the papers.

                2. If interested parties have been consulted, the coroner who is assigned the death—

                3. must consider the views (if any) expressed by the parties, among other relevant factors and information; and
                  1. is not required to reconsult interested parties if the coroner decides to proceed by way of a hearing on the papers and make chambers findings.

                    Notes
                    • Section 77A: inserted, on , by section 11 of the Coroners Amendment Act 2023 (2023 No 8).