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Coroners Amendment Bill (Consistent) [2018] NZBORARp 19 (8 March 2018)
Last Updated: 3 January 2019
8 March 2018
Attorney-General
Coroners Amendment Bill (PCO 21233/4.0) Our Ref: ATT395/282
- We
have reviewed the Coroners Amendment Bill (“the Bill”) for
consistency with the New Zealand Bill of Rights Act 1990
(“the Bill of
Rights Act”). We conclude it is consistent with the Bill of Rights
Act.
Coroners Act 2006 – ss 25-26
- Section
25 of the Coroners Act provides for the Coroner to authorise members of the
immediate family or their representatives or specified
other people chosen by
the immediate family1 to view, touch or remain with the
tūpāpaku (body of the deceased person). The Coroner may also impose
conditions on their
doing so.
- Section
26 of the Coroners Act lists matters the Coroner must take into account in
making his or her decision under s 25.
Proposed amendment
- The
Bill implements a recommendation of the Māori Affairs Committee Report
Inquiry into whānau access to and management of tūpāpaku.
The Committee recommended that Government “consider amending s 26 of
the Coroners Act to require the Coroner to also consider
tikanga Māori and
expectations of other cultures when determining whether someone should be
allowed to remain with the tūpāpaku.”
- The
amendment provides that the Coroner must consider whether the ethnic origins,
social attitudes or customs or spiritual beliefs
of, or of any member of the
immediate family of, the deceased person require the viewing, touching, or
remaining with or near the
body. The example provided is whether it is customary
for immediate family members to view, touch or remain with or near the
tūpāpaku
according to tikanga Māori.
- The
amendment does not raise any issue of inconsistency with rights protected by the
Bill of Rights Act. According, the Bill is consistent
with the Bill of Rights
Act.
1 Section 25(2)(c) “people chosen by
that immediate family and who are, or are performing functions analogous to,
ministers of religion or other people providing religious or spiritual
advice, benefit, or comfort.”
4547577_CORONERS AMENDMENT BILL - BILL OF RIGHTS VET
2
- This
advice has been peer reviewed by Austin Powell, Senior Crown Counsel.
Helen Carrad Crown Counsel
|
Noted
Hon David Parker
Attorney-General
/ /2018
|
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