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Sudden death
Policy statement and principles
What
This chapter details key provisions in the
Coroners Act 2006, Police responsibilities as
agents of the Coroner, and the Police practices for responding to deaths. It is designed as a
base chapter for sudden death procedures to be read in conjunction with other chapters
for specialist groups who also have a role with sudden deaths, i.e. National Crime Group
(Homicide and Serious Crime Investigations), Dive Squad and Search and Rescue.
A coroner will decide whether to direct a post mortem and who should attend, authorise
the release of the body and decide whether to open an inquiry and hold an inquest. The
coroner is also responsible for ensuring members of the person’s immediate whanau and
certain others, receive notice of significant matters and processes required by law to be
performed in relation to that death.
Police act on behalf of the coroner to investigate sudden or unexplained deaths, or deaths
in special circumstances and to ensure the family and other entitled persons, such as
diplomatic representatives in the case of deaths of foreign nationals, are informed of the
matters they should be.
Police also have a role in respect to supporting and guiding whanau and friends during an
emotional time. Police recognise this dual role (investigation and support) and the
requirement to provide assistance and advice on the different ways in which they can
receive help. All interactions should be undertaken in line with Our Values and the Victims
Code.
Why
The purpose of the Coroners Act 2006 is to help to prevent deaths and to promote justice
through:
investigations, and the identification of the causes and circumstances, of sudden or
unexplained deaths, or deaths in special circumstances; and
the making of recommendations or comments that, if drawn to public attention, may
reduce the chances of further deaths occurring in circumstances similar to those in
which the deaths occurred.
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The Act also recognises the cultural and spiritual needs of whanau, and of others who were
in a close relationship to a person who has died.
Following the procedures detailed in this chapter and in other chapters for specialist
groups dealing with sudden deaths will ensure the requirements of the Act are met and
that the purpose of the Act can be achieved. Further, that through applying the procedures
of this chapter, that Police can maintain national consistency and a high quality of their
investigations.
How
Police will ensure that:
as agents of the Coroner, staff understand and apply the requirements under the Act
staff attending deaths are trained, and aware of their responsibilities within that role
staff consider the circumstances of every death objectively
they maintain a victim focus and recognise the cultural and spiritual needs of those
affected by the death
provide appropriate notifications as timely as possible
staff understand their responsibilities in accordance with the Health and Safety at
Work Act 2015 and Police safety policies.
Overview
Introduction
Police must consider the circumstances of every death objectively by gathering evidence,
speaking to witnesses and assessing all factors relevant to that death. Many aspects of this
chapter apply to all sudden deaths regardless of how they appear to have occurred.
If the death is suspicious, see also the
Homicide and Serious Crime Investigations chapters.
Purpose of this chapter
This chapter details procedures for:
attending a death
reporting a death to a duty coroner
examining the body and scene
removing and securing the body
identifying a body
notifying the
immediate family and certain others of the death and significant matters
associated with the death
handling and preparing a body at the mortuary
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handling the
deceased’s property
releasing bodies
supporting
post-mortems, coronial inquiries and
inquests
completing the file
Mortality Review Committees (MRC).
The chapter also includes guidance on cultural matters that should be considered when
responding to sudden deaths. See in this chapter:
Cultural and religious considerations
Sudden Death: Mäori
Discovery of skeletal remains: bones (outlines what to do in cases of accidental
discovery of historical human remains).
Section references
All section references in this chapter are to the
Coroners Act 2006 unless otherwise stated.
Definitions
This table outlines the meanings of some of the terms used in this chapter.
Term
Meaning
A term sometimes used instead of post-mortem.
Autopsy
‘Immediate family’ in relation to a dead person is defined in section
9 as:
Immediate
family
members of the dead person’s family, whänau or other culturally
recognised family group, who:
were in a close relationship with the person, or
had, in accordance with customs or traditions of the community of
which the person was part of, responsibility for, or had an interest in,
the person’s welfare and best interests, and
to avoid any doubt, includes persons whose relationship to the dead
person is, or is through one or more relationships that are, that or
those of:
spouse, civil union partner, or de facto partner of the dead person
child, parent, guardian, grandparent, brother or sister of the dead
person
stepchild, stepparent, stepbrother, or stepsister of the dead person.
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In relation to the death or suspected death of a person means:
Interested
party
a person who is recognised under section
22 as a representative of
the immediate family of the person who is, or is suspected to be,
dead; and
a member of the immediate family of the person who is, or is
suspected to be, dead who has asked to be notified of matters,
because they consider that their interests are not represented by a
representative recognised under section
22; and
a person whose conduct is, in the view of the responsible coroner,
likely to be called into question during the course of any inquiry in
relation to the death or suspected death; and
any other person or organisation that the responsible coroner
considers has an interest in the death or suspected death (apart from
any interest in common with the public).
‘Inquiry’ means an inquiry into a death opened and conducted by a
Inquiry
coroner under
Part 3, and includes any related inquest held by the coroner.
(s
9)
An inquiry is an investigation by the coroner into the facts, causes and
circumstances of the death.
(See also: When are inquiries and inquests held and the purpose of a
coroner’s inquiry, and “When Someone Dies: A guide to the Coronial
Services of New Zealand”).
‘Inquest’ means a hearing held by a coroner in connection with an inquiry
Inquest
opened and conducted by a coroner under
Part 3.
(s
9)
An inquest is a judicial hearing convened by a coroner and is more
informal than some court hearings. It is an inquisitorial process to discover
what happened rather than to hold a trial to apportion blame. (See ‘When
are inquiries and inquests held’ below and ‘When Someone Dies: A guide to
the Coronial Services of New Zealand’).
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An examination made after death, especially to determine its cause
Post-
mortem
(Concise Oxford Dictionary (8th Ed). (Sometimes called an autopsy).
It is a thorough internal and external medical examination by a specialist
medical practitioner, known as a pathologist, and is usually conducted at a
hospital mortuary. (See ‘When Someone Dies: A guide to the Coronial
Services of New Zealand’).
Property is the term used for personal effects belonging to the deceased.
Property
For recording purposes on a Pol 268, this includes the deceased.
Supplier is the term used for the Ministry of Justice (MoJ) contracted
Supplier
transport provider for deceased body movements; the holding facility
provider; and mortuary provider.
When are inquiries and inquests held?
Coroner’s inquiries do not necessarily lead to an inquest, and an inquest will not be held
until after the Police investigation has been completed.
An inquiry will always be held before any inquest in order to identify appropriate evidence
to be put forward.
See also the
purpose of a coroner’s inquiry,
Police role in post-mortems and inquiries and
Police role in inquests for more information for related information.
Reporting of deaths and the coroner’s role
Coroner’s role in relation to a death
A coroner’s role in relation to a death is to:
receive a report of the death from Police
decide whether to direct a post mortem and, if one is directed, whether to authorise
certain people (other than the pathologist) to attend
authorise the release of the body
decide whether to open an
inquiry, and if one is to be conducted, whether an
inquest
should be held.
(s
4(1))
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Purpose of a coroner’s inquiry
The purpose of a coroner’s inquiry is to:
establish:
that a person has died
the person’s identity
when and where the person died
the causes of the death
the circumstances of the death
make specified recommendations or comments under the Act
determine whether the public interest would be served by the death being
investigated by other investigating authorities.
(s
4(2)
Types of coronal findings (COR findings) a Coroner will undertake
COR 2 - when an inquiry is not opened, i.e. usually for natural causes death.
COR 7 and Written Findings - when an inquiry is completed either in Chambers
‘Hearing on Papers’ or ‘Inquest’. Coroners can hold a hearing in court or ‘on the
papers’. If the coroner hears from witnesses in person, this is called an inquest.
COR 8 – this is an Interim finding issued by the Coroner to assist parties who require
an interim report, e.g. estate, ACC, bank, insurance, etc.
COR 9 – when an inquiry will not be opened/resumed because person has been
charged with an offence relating to the death or its circumstances.
COR 10 – when an inquiry will not be opened/resumed because some other agency is
investigating, i.e. the Health and Disability Commissioner, TAIC.
Deaths that must be reported
These deaths must be reported to Police and in turn by Police to a coroner, if they occur in
New Zealand or on specified aircraft or ships:
a death that appears to have been without known cause, or suicide, or unnatural or
violent
a death for which no doctor has given a doctor’s certificate (defined in s
2(1) Burial
and Cremation Act 1964)
a death that occurred during medical, surgical or dental treatment
any death while the woman concerned was giving birth, or that appears to have been
a result of that woman being pregnant or giving birth
a death in official custody or care.
(s
13)
The requirements above apply to deaths on or from:
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an aircraft registered in New Zealand under the Civil Aviation Act 1990, or
a New Zealand ship (s2(1) Maritime Transport Act 1994), or
an aircraft or ship of the Armed Forces (as defined in s2(1) Armed Forces Discipline Act
1971).
Reporting of deaths to Police
A person who finds a body in New Zealand must report that finding to Police as soon as
practicable unless they believe the death:
is already known to Police, or
will be reported to Police.
Any person may report to Police the death outside of New Zealand of a person whose body
is in New Zealand.
(s
14)
Police reporting of deaths to a duty coroner
A Police officer who finds a body in New Zealand or receives a report of a death under
section 14, must report that death immediately to the duty coroner.
(s
15)
Contacting a coroner
Police report a death to a duty coroner via a centralised office, known as the National
Initial Investigation Office (NIIO). NIIO operates on a 24 hour, 7 day a week basis.
All reports of a death to a duty coroner must be made on 0800 266 800. Should the 0800
number fail, the caller will be automatically redirected to another recipient within NIIO.
NIIO’s role
NIIO’s role is to:
manage the cases from the time the death is reported to the duty coroner until the
deceased is released to family
keep the families informed as to what is happening throughout the coronial process
be the conduit and contact centre for the next of kin at the conclusion of Police
attendance.
All electronic business documents/correspondence should be directed to the email address
[email address] . This is the generic NIIO office email address and is monitored by NIIO
staff. Any problems experienced with the 0800 number can be conveyed to the Ministry of
Justice (which operates NIIO) via that email.
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Investigations by Police
If a death has been reported to a coroner by Police, the Commissioner of Police must cause
all investigations to be made:
necessary to help to achieve the purpose of the Act in relation to the death, or
as directed by the designated coroner.
(s
17)
Elevation process
The Commissioner of Police has an elevation Memorandum of Understanding
(MOU) with
the Chief Coroner. In the event that an unreasonable request from a Coroner cannot be
resolved within District, the District Commander can elevate the matter through to the
National Manager: Response and Operations who will facilitate an agreement outcome as
per the MOU.
Attending a sudden death
Use appropriate language when talking to families
This chapter refers to a dead person as ‘the deceased’ or ‘the body’.
Never use these terms when talking to immediate family members. Show empathy by
referring to a dead person as the immediate family refers to that person – their father,
mother, sister, aunty etc., or by the person’s first name.
Initial procedure when attending a sudden death
Step Action
1
Ensure safety to the public, responding staff, emergency services and
contractors.
2
Use Personal Protective Equipment (PPE) and refer to ‘hygiene precautions when
handling bodies’ in this chapter and the ‘Hazardous substances management’
chapter. If you need additional equipment, i.e. gowns, obtain before attending to
the deceased and scene.
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3
Check for signs of life and depending on the circumstances consider whether to
attempt resuscitation. If alive, give emergency medical assistance and call an
ambulance. If it is clear that medical treatment or resuscitation is not feasible or
appropriate, call a duly qualified person to complete verification of death.
Note: Only a
duly qualified person can verify that a person is deceased.
4
Inform your supervisor at the earliest opportunity, that you are attending a
sudden death.
5
If the death appears suspicious, contact the duty/on call CIB member and your
supervisor.
Freeze, guard and preserve the scene until CIB arrive. In other circumstances,
start an investigation into the cause of death.
6
A
duly qualified person completes a ‘Verification of Death’ (VOD) declaration (Cor
31 Verification of Death) available in Police Forms> Sudden death or provide an
equivalent according to the wording.
A duly qualified person should verify that life is extinct recorded on a VOD form
before the body is moved. When this is not possible, Police must maintain
control of the body until this VOD is obtained.
7
When the deceased has been under treatment for an illness that has caused the
death, the doctor who was attending the deceased before the death will
generally issue a Medical Certificate of Causes of Death (HP4720).
Note: If the death
must be reported to the coroner, the doctor can only give a
doctor’s certificate for the death if the coroner has decided not to open an
inquiry into the death.
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8
If the doctor issues a HP4720, the coroner does not have to be advised of the
death. Instead you must advise
immediate family and, if necessary, ensure the
deceased’s property is secure. If attending Police still have concerns, contact the
coroner to discuss.
9
Determine if the death is
one that must be reported to the coroner and if so,
immediately notify the duty coroner on 0800 266 800. (See Reporting the death
to the coroner below).
As a general guide, do not move the body before notifying the coroner.
10
Complete the Deceased person notification (DED) in Microsoft Outlook
Notifications so that Police can update any NIA/Licensing data held about that
person. This ensures that in the future no one can take on the deceased person's
identity for illegal purposes.
11
It is important to consider your own wellbeing after attending sudden deaths.
You can either speak to your supervisor or Welfare Officer about how you are
feeling. Support is available to you under the
‘Trauma policy’.
Who is qualified to verify death?
The following people are duly qualified to verify death and can sign a Verification of Death
(VOD) declaration (Cor 31) (available in Police Forms> Sudden death) that a person is
deceased:
Registered Medical Practitioner
Nurse – Practitioner, Registered, or Enrolled
Registered Midwife
Intensive Care Paramedic
Paramedic
Emergency Medical Technician.
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The deceased cannot leave Police control until a Verification of Death (VOD) has been
completed. This may require Police accompanying the supplier to another location to
secure the document. The completed Sudden Death file cannot be submitted without the
VOD.
Reporting the death to the coroner
Initial reporting of a death to a duty coroner must be done immediately after Police attend
the scene and confirm that a
death requiring reporting has occurred. Do this through the
National Initial Investigation Office (NIIO) call centre (see
‘Contacting a coroner’ for details).
Greater detail can be given to the duty coroner later as it emerges in a Report for Coroner
(
POL 47). See advice below on completing reports for coroners.
A duty coroner may wish to visit the scene if they think it would provide an advantage in
later determinations.
Completing the report for coroner (POL 47)
Follow these steps when the death is deemed one for the coroner.
Step Action
1
The attending Police officer or their supervisor must:
complete the Report for Coroner (
POL 47) including the Sudden
Unexplained Death infant (SUDI) under two years of age if relevant).
Send an electronic copy of the report to:
NIIO:
[email address] who disseminates to the Duty Coroner, and
District Inquest Office via their centralised email address (Note: This
email will automatically distribute to the IO and the DCC) for the area
of death.
2
Set the report’s summary out in chronological order, in a similar way to a
Summary of Facts on a prosecution file.
Refer to the report’s prompts and aides and cover the circumstances of the
death and events leading up to it in a way that will allow the coroner to have a
clear understanding of events.
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3
Ensure formal written statements (FWS) are obtained from:
the last person who saw the deceased
person who located the deceased
any relevant witnesses regarding general background from NOK and close
friends
4
Provide the immediate family representative with the Ministry of Justice Coronial
booklet
‘When someone dies suddenly’.
5
In a fatal crash, note the Serious Crash Unit and the name of the investigator on
the report.
Repatriated bodies where a coroner has accepted jurisdiction
under the Act
Where a body has been repatriated and a coroner has accepted jurisdiction under the Act,
police must complete a
POL47 to ensure that a consistent file management approach is
maintained.
The Duty Coroner may also require a ‘Verification of Death’ and a ‘Statement of
Identification’ to be completed. Police must discuss with the duty coroner their
requirements.
The Chief Coroner has acknowledged that in these circumstances, information contained in
the associated
POL47 may be qualified in the following ways:
The document may contain information made available to Police by an international
source.
The information may be partial and therefore the
POL47 may not be complete and the
accuracy of the information may be unsubstantiated.
Examining the body and scene
Procedure when examining the body and scene
Important: Always preserve evidence until the cause of death has been established.
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Follow these steps when examining the body and scene.
Step Action
1
Consider factors that may cause you to suspect a criminal act. See things to look
for below. If the death is suspicious, violent or criminal or if you have any doubt
about the cause of death, notify CIB and take appropriate action to secure the
scene. (See Part 1-
Initial response to homicide or serious crime in the Homicide
and Serious Crime Investigations chapters).
Note: Homicide investigations must be reported by the O/C case to the National
Manager: Criminal Investigations, via the District Manager, Criminal
Investigations.
2
Note the position of the body. Photograph the body - this is useful information
for a coroner.
3
Note all factors that may explain the death, e.g. the body’s condition, medicine
bottles and items in the immediate vicinity of the body. Ensure you seize all
medicines as some mask the presence of others. (See
Exhibits and property in
this chapter).
4
Obtain full particulars from witnesses, exploring any likelihood of anyone else
being involved, either maliciously or innocently.
5
If the death is not suspicious, obtain statements as soon as practicable
(notebook statements are not acceptable). Early statements may negate the need
to re-interview later, and will provide the basis for evidence produced at a
coroner’s inquest.
Things to look for when you suspect a criminal act
Some factors that may indicate a criminal act are:
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a death with no apparent cause
poisoning, but no known motive for suicide
a body in a burned building
signs of injury inconsistent with an accident
an apparent suicide in an unusual position.
If there is…
Look for / note
Body with cuts or
a cut throat and cuts on arms, hands, or fingers below
the tips
bruises
chop wounds
bruises around the neck
Firearms involved or
a body with a firearm alongside but no powder stains or
burn marks on clothes or body
gunshot wounds
a body with a firearm a distance away
more than one shot in a body
a body with a gunshot entrance wound in an awkward
position for self-infliction
Body suspended
a body suspended off the floor but no box, chair, or
other jumping-off place nearby
a body suspended from a beam where the fibres on the
rope lie in one direction
a body hanging by the neck but no marks under the
rope
Missing possessions
a body found with some article of clothing missing - for
example, a shoe
money or wallet missing from a body.
When suicide is suspected
Follow these steps if you suspect a suicide.
Step Action
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1
Search for and take possession of any note left by the deceased. (Treat as an
exhibit and maintain its integrity).
2
Obtain a statement identifying the writing in any note left as the deceased’s
writing and locate other documents known to have been written by the deceased
during normal course of business. These will be subsequently examined by the
‘Document examination’ chapter.
3
Take possession of exhibits, for example, razor, tablets, cord, knife, firearms,
medications and other items. Maintain their integrity as exhibits – see the
relevant
‘Forensic evidence’ chapter depending on the nature of the evidence.
4
If the suicide is by hanging, cut the cord rather than untie it. The knot should be
preserved for possible forensic examination. The ligature is to accompany the
body to the mortuary together with a POL 268 and if loose in an exhibit bag
clearly labelled.
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5
Identification of relevant electronic items like mobile devices, computers, smart
watches etc.
Mobile phones
Isolate devices from networks by placing the device in flight mode. This ensures
that incoming communications or commands are blocked and preserves the data
on the device. If the mobile device is off, leave it off, if the mobile device is on,
leave it on. The first contact is the Digital First Responder (DFR) then the Digital
Forensics Unit (DFU) located in Dunedin, Wellington or Auckland for advice.
Computer systems
If computers are on, your first contact is the DFU then the DFR. If computers are
off leave them off.
Cloud data (i.e. social media/e-mail accounts)
Contact the High Tech Crime Group before searching, they can advise on
capturing relevant cloud data.
6
Preserve fingerprints.
7
Note the
restrictions on making public details of self-inflicted deaths.
Death by firearm
Follow these steps if the death is associated with a firearm.
Step Action
1
Consider CIB attendance at an early stage.
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2
Carefully examine the body and scene. Ensure:
the firearm is safe
the scene is photographed before moving any evidence.
3
Note and make a notebook sketch with measurements for each:
location and position of the body
location of the firearm in relation to the body
exact location and extent of the wound(s)
whether powder stains and burn marks are present on the body or clothing.
(See the
‘Crime scene examination’ chapter for more information about recording
crime scenes).
4
Establish:
What the deceased was doing at the time?
Who was handling the firearm?
How the firearm was being handled?
The position of the safety catch?
Who owned the firearm?
If another person handled the firearm before the deceased:
had that person noticed anything faulty?
was the firearm left loaded?
Whether the deceased was licensed to own firearms?
Whether the deceased was right or left-handed?
What experience the deceased had with firearms generally and with the
firearm concerned?
What experience any other person involved had with firearms and with this
particular firearm?
5
Carefully note and record the condition in which the firearm was found,
especially the state of the action, if this can be done safely. Check the firearm
and make it safe – remove the magazine, and any live or spent ammunition from
the breech. Check the scene for other spent cartridges.
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6
Take possession of the firearm and cartridge cases and preserve them as
exhibits. Pack them carefully. (See the ‘Forensic evidence -
Firearms evidence’
chapter for guidance on preservation, recovery and packaging).
7
Seek advice from the
Police Armourer by telephone, or e- mail outlining the
circumstances of the death. If required, forward the firearm with a Property
Record Sheet (POL 268) or a Receipt and Delivery Voucher (POL 32).
Firearm safety
Before moving or touching the firearm, assess whether you are qualified to deal with it
(some firearms require specialist knowledge to make safe).
If…
then…
you are not
secure the firearm and seek assistance.
qualified
you are
assume the firearm is loaded
qualified
with your finger off the trigger, uplift the firearm and ensure it is
always pointed in a safe direction
empty the magazine and action to make the firearm safe
label the firearm, ammunition and other exhibits
secure the firearm and exhibits in an appropriate exhibit store.
Underwater diving fatality
There are important aspects of a diving death that need to be considered.
See
‘Diver death inquiries’ in the ‘Police National Dive Squad (PNDS)’ chapter for details of
the initial action at the scene and the information to collect.
Remember: The Police National Dive Squad are available to aid inquiries into diving
fatalities.
Exhibits and property
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Staff should be cautious when handling exhibits and property to guard against the risk of
contaminates. Refer to
Hygiene precautions in this chapter.
Attending staff need to differentiate which items will be returned to the family as deceased
property and which items are to be treated as exhibits. Those deemed to be exhibits may
either be retained with the deceased for the benefit of a post mortem, i.e. the rope in a
death by hanging, or be secured as a Police exhibit for later consideration i.e. medication.
Deceased’s property
Police have the responsibility to remove non-essential property from the deceased other
than:
all items if the body is deemed to have died under suspicious circumstances
clothing used to ensure the deceased’s dignity, i.e. if the location of death is in a
public place, or
personal items which cannot be removed irrespective of value, i.e. rings.
Note: Police determine what property remains on the deceased. All property, including the
deceased themselves, is to be recorded on a POL268 and signed for by the supplier.
Handling and packaging exhibits and fingerprints
For details on handling and packaging exhibits and fingerprints, see the ‘Crime scene
examination’ and ‘Forensic evidence’ chapters in the Police Manual.
When Police are handing the control of the deceased to the supplier, the POL268 is to be
endorsed by both parties. The deceased details and the property / exhibits that remain
with the deceased, must be recorded on a Property Record Sheet POL268. The property /
exhibit and the deceased now becomes the responsibility of Justice. A copy of the POL268 is
retained for the Police file.
Property not required can be left with the next of kin.
For exhibits taken from the deceased, follow this procedure.
Step Action
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1
Complete the Property Record Sheet POL 268 - required for any items taken into
Police possession.
Itemise the items, giving sufficient details to ensure identification. Serial
numbers of bank notes are not required.
For Medications, full details should be recorded on the
POL47 medication section
for the benefit of the forensic pathologist
Suicide notes should be attached to the file (with their forensic integrity
maintained in case forensic examination is later required) - This may be sent to
the Coroner as part of the Coronial file. (The Coroner is responsible for the
release of any evidence).
Sign the POL 268 and have this witnessed (by another constable or a mortuary
attendant) to verify accuracy.
2
Parcel up clean clothing and other personal possessions, wrapping valuables
separately. Put soiled clothing into another appropriate package.
3
Clearly label parcels and attach a copy of the POL 268. If there is more than one
parcel, each parcel should be numbered, and the numbers written on the form. If
possible, attach parcels to one another.
4
Follow station practices for securing property
5
Distribute the three copies of the POL 268 as follows:
give the original as a receipt to the personal representative of the deceased
attach the duplicate to the case file
mark the triplicate with the file number and put it with the property until
the property is returned to the deceased’s immediate family.
If there is no property
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If there is no property, endorse the Report for Coroner (
POL 47) accordingly.
Returning property to immediate family
Property not required for evidential purposes should be handed over to the immediate
family or person handling the deceased estate. If unsure, check with the coroner before
returning property.
For all returned property, you must obtain a receipt and ensure that this property is
provided in an appropriate package.
Soiled clothing
Immediate family must be asked whether they wish soiled clothing to be returned to them
or destroyed. Be aware that cultural beliefs may impact on immediate family decisions
about soiled clothing. For instance, some cultures want all bodily fluids and soiled
materials to be reunited with the deceased, and you should take great care to ensure these
cultural beliefs are respected. Seek advice from your district Iwi / Pacific/ Ethnic Liaison
Officer when necessary.
If the immediate family want soiled clothing to be returned, in most cases this will be the
supplier’s responsibility. Advise them accordingly.
Disputes over deceased’s property
If there is any dispute about who should get the property, seek a court order under section
40 of the Policing Act 2008.
Securing deceased’s property
Where possible, you should not take possession of property other than exhibits and items
which are accompanying the body. It may be necessary to ensure the security of a premises
while relatives, a solicitor or trustees are being traced, e.g. if the deceased lived alone and
had no local relatives.
In such a case, thoroughly search the premises. Itemise valuables on a witnessed inventory
and keep them in Police custody until they can be claimed. Leave other property on the
premises, which should be locked. The key should be kept by police until it can be handed
over to relatives under the directions of the O/C Station.
Cultural considerations associated with property
Seek advice from your district Iwi / Pacific/ Ethnic Liaison Officer if you think there may be
strong cultural issues and considerations associated with returning the property.
Hygiene precautions
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Minimum hygiene precautions when handling bodies
Follow standard health and safety and hygiene practices as taught through Police first aid
training when required to handle bodies that are mutilated, decomposing or otherwise
contaminated.
The minimum protection is rubber surgical gloves. This would be sufficient for handling
most bodies provided you take reasonable care to avoid unnecessary contact with the
body. When evaluating each situation, exercise your discretion and judgment to determine
the type of protection you require.
Protecting yourself in the field and in the mortuary
To protect yourself:
wear protective clothing. In situations where the clothing will have prolonged use,
such as in homicides, disposable overalls are more suitable. In situations requiring
short-term use, e.g. accidents, disposable pants are suitable
wear rubber gloves as issued
use a body bag to transport the body
wash hands and exposed flesh immediately after handling the body.
See the
‘Hazardous substances management’ and ‘
Blood and body fluid exposure’ chapters
for further advice.
Protection in the mortuary
If hospital clothing is not available, wear disposable clothing as issued, and wash hands
immediately after handling the body.
Dealing with the smell of decomposing bodies
Decomposing bodies will sometimes have an unpleasant smell. Consider wearing a
protective mask.
Protection against infectious diseases
When attending a death, check for a Medic Alert bracelet. It may indicate that the wearer
has a particular disease and you can then take the appropriate action.
Follow standard health and safety and hygiene practices as taught through Police first aid
training to protect yourself against infectious diseases such as hepatitis B or C.
If in doubt have the Communications Centre contact the District Duty Search and Rescue ‘on
call’ member and discuss the circumstances with regards to the use of specialist skills.
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Removing and securing the body
Custody of the body
When a death is one that
Police must report to the coroner under section
13, the Coroner
then has exclusive right to custody of the body.
Once reported, NIIO will direct a contracted supplier to remove the body to a designated
facility (mortuary or other justice facility) for a post-mortem or post-mortem decision. (
s19
&
20).
See
‘Exhibits and property’ for exhibit and property management and the recording process
for both the deceased body and property using the Property Record Sheet POL268.
Labelling the deceased
Police are responsible for the completion and attachment of the body label prior to
removing the body from the scene. The body label will be provided by the supplier.
The following details must be recorded on the body label:
event number (PO number)
location of death
deceased surname / first names (complete only if formally identified) otherwise:
believed to be (BTB), unknown male/unknown female and DVI number if
recovered by DVI
date of birth
QID of member completing the labelling.
Important: If the deceased person was a suspected disease carrier or drug user, inform NIIO
and the supplier and record it in the sudden death documents.
Body label
Wrap the label around the deceased’s ankle loosely, making sure the information is facing
outwards and snap the latch. Cut the strap at the loose end if needed (the labels are
designed so that two can clip together should one on its own not be big enough to fit).
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Note for potential homicide or suspicious deaths
In response to potential homicide or suspicious deaths and where the body is prepared for
the forensic post mortem, the body label must go on the outside of the body bag.
A body label must be attached to the body after the post mortem to ensure a continuous
chain in the evidential identification.
It is good practice to take a photograph of the completed body label. When doing so, follow
the guidance for Taking and storing images for evidential purposes using iPhones /
mobility devices to ensure they will be fit for evidential purposes when required.
If immediate family does not allow body or evidence to be
removed
If the immediate family does not allow you to remove the body or allow you to seize
evidence relevant to the death, you have a power to:
remove the body (with warrant), and
seize evidence (without warrant).
Note: You must consult the duty coroner and use all other means of negotiation first before
invoking these powers, e.g. call Maori Pacific Ethnic Service Officer MPES or Victim Support
to help work through the issues and requirements with the immediate family. The warrant
must be executed in a sensitive manner.
Applications for warrants to remove a body
You can apply to a District Court judge for a warrant to remove a body from a specified
place if:
a coroner has given directions about the removal of the body under section 20, and
you have reasonable grounds to believe the body is being held in that place contrary
to the directions, and
you have used negotiation and all other reasonable means to have the body released
in accordance with the directions.
(s
128)
When executing the warrant you may use reasonable force if necessary to enter the place
and to search for and remove the body or prevent its removal.
(s
129)
Warrantless power to seize evidence relevant to a post-mortem
You can, without warrant, seize evidence using reasonable force if necessary, if you are:
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complying with a direction to remove a body under section
20, or
executing a warrant for the removal of a body under section
128.
The evidence must be:
on or in the immediate vicinity of the body and relevant to the post-mortem of the
body
be delivered to the coroner.
You must take all reasonable steps, within five working days of the seizure, to inform either
the owner or occupier of the place from which the body was removed, or the person from
whose possession or control the thing was seized, of the fact that the thing was seized and
from where it was seized. This may be done in person or by written notice.
(s
131)
Removing and transporting the body
NIIO will co-ordinate the attendance of the contracted supplier and will notify Police of the
details. This process will require purposeful conversation between Police and NIIO. The
contracted supplier will likely only be aware of the tasking and location where they will be
transporting the deceased to.
Under the Coroners Act, the Coroner may give any directions they think fit regarding the
removal of the body (e.g. directions about removal to a mortuary, the undertaking of a post
mortem or other designated place). This will be communicated by NIIO.
If immediate family members are present, advise that NIIO is the coordinating centre who
will provide details of transportation and post mortem where applicable.
When transferring custody of the deceased to the contracted supplier, you must obtain a
signature on the Property Record Sheet POL268 transferring custody of the deceased and
any personal effects.
Note: A
duly qualified person must have completed the VOD prior to Police transferring
control of the deceased.
If the body is unidentified, take care when moving it that no possible evidence of identity is
lost. Remember: As outlined earlier above, the deceased cannot leave Police control until a
Verification of Death (VOD) has been completed. This may require Police accompanying the
supplier to another location to secure the document. The completed Sudden Death file
cannot be submitted without the VOD.
No suspicious circumstances about a death
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If the person has died and there are no suspicious circumstances, the immediate family can
make arrangements for the body to be removed from the place of death to their preferred
funeral home provided:
the deceased’s doctor is located and a certificate as to cause of death is issued, and
it is not a coroner’s matter.
If the deceased’s doctor cannot be located or contacted, do not leave the body with the
immediate family on the expectation that the doctor, when located, will issue a certificate
as to the cause of death. Consult the coroner immediately as to the appropriate course of
action.
Costs for removal
See
Body transportation costs in this chapter.
Transporting deceased babies
Download the
Guidelines on transporting deceased babies for Police, ambulance and
emergency personnel.
Handling bodies at the mortuary
If in the event that Police are required to attend the mortuary, mortuary procedures must
be undertaken by Police and cannot be deferred to a supplier. In these cases, follow
procedures as for an ‘OC Body’ detailed in ‘Responsibilities of the OC Body’ in the ‘Part 5
Homicides and serious crime victims’ chapter.
Body transportation costs
If the Coroners Act applies
The Ministry of Justice is responsible for costs associated with body transportation where
the Coroners Act 2006 applies to that death. (See
‘Deaths that must be reported’).
If the body is still at a local mortuary when released by the duty coroner, the immediate
family can engage their own funeral director to uplift the body and take it to another
funeral home. The immediate family is responsible for this cost.
If the duty coroner has directed a post-mortem under section
31 or
37 or directs that the
body be removed to another location, the Ministry of Justice is responsible for all
transportation costs. For instance, if the body has been taken to another town (for a post
mortem), the National Initial Investigation Office (NIIO) will engage the contracted funeral
director for that purpose. The Ministry of Justice incurs this cost.
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In circumstances where a contracted supplier cannot reasonably get to the deceased, such
as death in a remote, (non-accessible by road) location, then Police will conduct a body
recovery task. This will entail Police getting the body to a ‘road end’ where it will be uplifted
by the contracted supplier. Police will pay for the recovery up and to the ‘road end’.
If the Coroners Act does not apply
The contract relating to transportation costs between the Ministry of Justice and the
supplier does not apply when Police attend the death, and:
it is confirmed that a general practitioner will sign a cause of death certificate, or
Police cannot locate the deceased's immediate family and it is confirmed that a
general practitioner will sign a cause of death certificate, or
Police cannot contact a general practitioner to ascertain whether or not a general
practitioner will issue a cause of death certificate.
In all these circumstances, Police still contact NIIO to have deceased transported but the
following principles apply as to how transportation costs will be met:
1. If a coroner does not take jurisdiction and the initial supplier who took the deceased
to a mortuary or other place becomes the family selected funeral director, then that
transport provider charges the deceased’s family for the initial transport.
2. If a coroner does not take jurisdiction and the initial supplier does not become the
funeral director selected by the family, the initial supplier enters discussion with MoJ
for payment.
WINZ is responsible for costs associated with the body transportation, burial and cremation
of a deceased who has insufficient estate to cover costs.
Identifying the body
The duty Coroner and Inquest Office will require surety of identification prior to the release
of the body to next of kin. Consider developing a clear summary of such evidence for the
duty Coroner’s consideration at the front of the initial file.
Methods of identification
The most common method of formal identification is visual. This is when a close relative or
other acquaintance views the body and confirms the identity.
There are times when the deceased is unable to be visually identified so the identity is
considered to be unknown until sufficient evidence has been obtained to allow a
circumstantial identification to be made by the Coroner. Evidence other than visual
identification is considered in this order:
fingerprint
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circumstantial (medical, physical, property)
DNA or dental if there are existing records for comparison.
Multiple fatalities
If there are multiple fatalities, take great care when identifying the bodies. Due to the
possibility of misidentification, consider using more than one means of identification.
In cases of multiple bodies and body parts, employ
disaster victim identification (DVI)
principles to establish identification.
Arranging a visual identification
Usually an immediate family member identifies the body. However, if immediate family are
not available, a person who knows the deceased (e.g. an employer, workmate, friend or
landlord) may make the identification.
If the person died at home, arrange the formal identification before the body is removed, if
possible. Otherwise, arrange for identification at the mortuary or other place as soon as
possible after the body has been prepared.
Attending staff need to be conscious that there may be competing requests or demands
from NOK regarding who may undertake an identification. This may raise tensions and risks
to both Police staff and the suppliers. While considering cultural aspects, and the
situational needs, the security of staff, suppliers and the securing of an accurate ID are
critical.
Conducting a visual identification
Follow this procedure to conduct a visual identification. (If making an identification in a
place other than a mortuary, ignore steps 1 and 2)
Step Action
1
Discuss facility and deceased preparation requirements with the supplier prior to
the viewing (this includes the occasional time when the viewing is to establish
ID).Check that:
the identification does not clash with a post-mortem examination
you have the correct body
the body is presentable and in a suitable location.
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2
Complete the Deceased Person Identification Form (POL 265A).
3
Take the witness to the body and expose the face. Let the witness have an
unhurried look.
Note: If a person outside the immediate family is identifying the deceased, there
is a danger that they will make an over-hasty identification. Reinforce that they
should take their time to be sure of the identification.
4
Ask the questions:
“Do you identify this person?”
“Have you any doubt?”
“What was his or her address?
How long have they known the deceased”
5
Cover the body.
6
If the witness identifies the body, ask them to sign the POL 265A. Witness their
signature and sign the form.
When the person’s identity is not known
When the identity of a deceased person is not known, follow this procedure.
Step Action
1
Arrange for the body to be photographed and fingerprinted.
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2
Consider building an evidential case for a circumstantial identification to the
satisfaction of the Coroner.
These methods may be used to identify the body:
fingerprints from the deceased are compared against existing police
records or fingerprints taken from objects known to have been handled by
the person when alive
photographs are published in the news media and through the Police
network (identification by this means is usually formally confirmed using
one of the other methods)
medical examination, including scars, birth marks, prostheses, X-rays,
surgical wounds, amputations, tattoos, implants etc.
personal effects from a full scene examination, bills, phone details, letters,
passport, drivers licence, denture records, evidence that the deceased
resided at the address. All information is to be detailed in formal written
statement, producing copy of the said documentation that was obtained.
Note: The O/C or O/C Identification must discuss and update the duty coroner as
to the progress of the identification on a regular basis.
3
On collating the evidence to support the non-visual identification:
Complete the “Recovery / Identification of Bodies That Are Not Visually
Identifiable” section of the Report to Coroner
POL47. Follow the prompts to
ensure all aspects are considered.
Include a summary of the non-visual identification in your covering report.
Consult your local inquest office.
If required develop an additional file for the incoming shift to complete
additional enquiries.
Remember: The body cannot be released to the NOK until a formal
identification has been confirmed by the Coroner. Liaison with the Coroner
and the next of kin is critical.
4
Prepare a full description of the body, clothing, and other effects for publication
and for comparison with the known identity of any person subsequently
nominated through enquiries, if required.
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5
Ensure that clothing and effects taken from the body are not allowed to
deteriorate to the extent that their evidential value will be impaired.
If the body is unidentified, take care when moving it that no possible evidence of
identity is lost.
6
Consider DNA comparison or if there is existing dental records arrange for a
dental examination to be done.
Additional viewings
Police are often asked to assist with additional viewings outside those needed for the
purpose of identification, ie. additional family arriving. This is not a Police function. NOK
should be provided with the NIIO phone number.
The authority for additional viewings and its coordination is between the NOK and the
Coroner, coordinated through NIIO. The information provided on the POL47 will assist the
Coroner in making the determination.
In some cases there may be friction between families, relatives and friends of the
deceased. In these circumstances Police must conduct a normal police risk assessment of
the situation which should be recorded in their notebooks and communicated to Comms
and NIIO. Police will need to facilitate the safe departure of the deceased by the supplier.
Further information
For further information on identifying bodies, see the ‘
Disaster victim identification’
chapter.
Advising immediate family of death and significant matters
Police responsibility to inform immediate family of death
If a death is subject to the Coroners Act 2006 and
must be reported, Police assist the
coroner by informing
immediate family as soon as possible of that death.
If the deceased is a foreign national refer to
Death of foreign nationals in New Zealand
section.
When reporting to the coroner i
s not required, Police must inform the deceased’s
immediate family as soon as the deceased's identity is confirmed.
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In the case of estrangement within the immediate family, Police should consider informing
all parties and not rely on family members to inform other immediate family of the
deceased.
Coroner to notify persons of post-mortem, inquiry and inquest
The coroner to whom a death has been reported must give notice of
significant matters to
representatives and members of the dead person’s immediate family and other people or
organisations the coroner considers have an interest in the death. Police at the scene may
be called on to assist the coroner give notice to the immediate family.
(s
23)
Significant matters include:
the coroner’s direction that a post-mortem be performed
the opening of an inquiry
the date, time and place for an inquest
when an inquiry has been completed.
(s
24)
Informing other relatives
It is not the responsibility of police to tell other relatives, but it is important you check this
has been done before the death is announced by the media. Tell the
immediate family to
inform the other relatives as quickly as possible so that the news can be made public.
Informing them promptly will also prevent them from hearing about the death from other
sources.
Occasionally circumstances are such that it is appropriate for police to inform other
relatives if asked to do so. Ensure Victim Support assists you in this task.
Organ donors
If a person is a potential organ donor, police can assist the medical profession by:
making inquiries to locate immediate family
providing contact between immediate family and the medical profession.
Note: Obtaining approval from immediate family for organ removal is the responsibility of
the medical profession.
However, if the death occurs in suspicious circumstances and results in a Police inquiry, the
O/C Investigation must carefully evaluate the situation in consultation with relevant
medical professionals, Police pathologist and the coroner (where the Coroners Act 2006
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applies to the death).
Locating immediate family
The usual lines of inquiry are:
friends, bystanders
business associates
examination of address book and personal papers
birth certificate, marriage certificate and so on
bank, hospital or government records
publishing the photo
missing person reports
public trustee.
Deaths of military personnel
In Defence establishments
Outside Defence establishments
If the death is:
Police inform the immediate family and
the Defence Force.
accidental - Defence Force staff inform
immediate family
non-accidental - Police inform
immediate family.
Procedure for advising immediate family located in your district
Follow these steps when advising immediate family located in your district of a death.
Step Action
1
Before informing an immediate family member of a death, establish their
identity and relationship with the deceased.
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2
Inform the immediate family of the death in person if possible. Do so in a tactful
and sympathetic manner, and extend your condolences to them. See the
guidance on
multiple fatalities and coordinating advice when relevant.
Use the services of Victim Support as soon as possible and consider taking a
Victim Support worker with you when informing the immediate family.
3
Take whatever time is required to break the news sympathetically, and supply
information about the death, including the circumstances of the death if
possible.
4
Explain about the coroner where applicable and that Police act as the coroner’s
agent. Also explain that:
Police involvement does not mean that the death is suspicious
the law requires the cause of death to be established and that there may
need to be a post-mortem.
Note: The post mortem requirement decision is made by the coroner. This
decision will be advised to the family by NIIO. In the event that the family raise
an objection to a post mortem, you should direct them to NIIO.
5
Explain that evidence must be preserved at the scene of the death until the
cause of death is established.
6
Ask for contact details of immediate family members and their representatives
who wish to be kept informed by the coroner of the processes to be performed.
Put this information on the Report for coroner (
POL47).
7
Ensure any relevant information concerning ethic needs or religious
requirements are communicate to NIIO.
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8
Leave copies of either or both of the following for the immediate family:
"The First 48 Hours: What to expect after a sudden death"
"When Someone Dies Suddenly: A guide to the Coronial Services of New
Zealand”
Complete the ‘brochure’ boxes on the
POL 47 to confirm you have given the
immediate family the coroner’s booklet (“When Someone Dies”).
Advising immediate family located outside your district
If the immediate family are not in your district, enter an event into the CARD system,
providing sufficient information for police to give relatives the details of the death.
The event should be actioned as soon as practicable.
Once the immediate family have been informed, the Communication Centre must advise the
originating police officer that it has been completed.
Immediate family outside New Zealand
This table summarises what you should do if the immediate family are overseas.
Deceased New Zealand national
Deceased foreign
Deceased foreign
national with
national with no
diplomatic rep in
diplomatic rep in NZ
NZ
Find out whether there are any
Contact the
Contact Interpol.
relatives in New Zealand who can
embassy.
contact immediate family.
Ask them to
If there are no relatives or the
advise the
relatives have had no success in
next of kin.
contacting immediate family, contact
Interpol.
See also ‘
Death of foreign nationals in New Zealand’.
Contacting Interpol
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When contacting Interpol:
complete the
Notification of Death for NOK Outside NZ form with as much detail as
possible, and
email to
Interpol Wellington .
Interim or unconfirmed identification
If an interim or unconfirmed identification is made, Police must make enquiries to confirm
the deceased’s identification with relevant people and agencies.
Where evidence gathered from these enquiries points to a preliminary identification of the
deceased, advise the presumed immediate family that while no formal identification has
been made, there is a probability that a family member has died.
In such circumstances, ensure:
Victim Support places a volunteer with the immediate family
the deceased is formally identified as soon as possible.
Multiple fatalities
If there are multiple fatalities, an immediate family liaison officer should be appointed to
co-ordinate the communication with immediate family and deal with requests for
information from them.
The local Victim Support will appoint a liaison person to work with the Police immediate
family liaison officer.
Note: You must accurately identify the genuineness of people claiming to be immediate
family members. If there is any doubt, ask the inquirers to go to the nearest Police station,
identify themselves, and ask to speak to the immediate family liaison officer.
Issues involving notifications
Advise the coroner of any issues involving notifications of the immediate family.
Notifying other parties of death and significant matters
In addition to
informing the immediate family after a sudden death, Police have obligations
to inform other parties in certain circumstances. Some of these are outlined below.
Death of foreign nationals in New Zealand
This guidance does not apply to foreign nationals who are also dual New Zealand nationals.
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When a foreign national dies in New Zealand that country’s diplomatic representatives have
a variety of obligations to fulfil under the ‘Vienna Convention on Consular Relations 1963’
which is enforced in New Zealand through the Consular Privileges and Immunities Act 1971.
These include but are not limited to providing advice and assistance to next of kin,
providing guidance re repatriation of the body and liaising with Coroners in the deceased’s
home country. Article 37(a) requires police to inform the nearest embassy/consulate of the
death of a national of that country without delay.
The New Zealand Government has an obligation under the Convention to advise the
diplomatic representatives of a foreign national’s death in New Zealand to enable the
diplomatic representatives to complete their obligations. Note: the Privacy Act does not
apply to dead people.
The officer in charge of the case shall as soon as possible provide the diplomatic
representatives of the relevant country with the full details of the deceased, (including
their passport number if available) and of any next of kin known and if they have already
been advised.
Be aware that a number of countries have embassies/consulates in Canberra that are
accredited to New Zealand (e.g. there is no actual embassy/consulate based in New
Zealand). All embassy/consulate information can be located on the Ministry of Foreign
Affairs and Trade website.
For further information, refer to the
‘Humanitarian assistance’ section in the ‘Interpol’
chapter.
Deaths of prisoners in Police custody
Follow these steps if a prisoner dies in Police custody, whether in the cells or not.
Step Action
1
Immediately freeze the scene and ensure evidence including any arrest, offence
or custody records including video recordings is preserved.
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2
Advise a supervisor who will:
notify and arrange for CIB to attend, and:
establish the nature of the inquiry required
initiate any enquiry (Note: if force has been used upon the prisoner
prior to, during or after arrest, a homicide inquiry must be
commenced)
ensure the District Commander is informed immediately.
3
The District Commander informs the National Manager: Police Professional
Conduct of the circumstances surrounding the death.
Notifications to other agencies in some circumstances
If the death is one that must be reported to a duty coroner, you must do that immediately.
This table outlines other notifications that should be made by the O/C of the station
handling the death in certain circumstances, once the
immediate family have been advised.
Situation
Action
Recorded
If the deceased’s details are recorded in the NIA Person Alerts, notify the
person
Commissioner of Police using the DED form, accessed through the Create
Notification feature in the Microsoft Outlook Bulletin Board. Include the
deceased’s M-PRN and state how the identity of the deceased was
established.
Only make this notification if the identity is known by a Police employee or
can be established using Police records such as fingerprints. Do not make
inquiries with immediate family members or acquaintances to establish
the identity of a deceased person who has a criminal history.
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Accident
Notify the
Civil Aviation Authority.
involving
aircraft
Accident
Notify the
New Zealand Transport Agency.
involving
railways
Boating or
Notify
Maritime New Zealand.
shipping
accident
Industrial
Contact
Worksafe New Zealand for all work place deaths.
accident
Refer to the
MOU and schedules with WorkSafe New Zealand for what must
be reported to the Commercial Vehicle Safety Team and Worksafe New
Zealand and each agencies roles and responsibilities.
Hazardous
Notify the
Environmental Protection Authority of incidents involving
substances hazardous substances, explosives or dangerous goods, and where
or
emergencies have been declared under section 136 Hazardous Substances
explosives
and New Organisms Act 1996.
Drug
If drug abuse was the cause of death, the coroner will notify the
abuse
appropriate agencies.
Death of
If the deceased was under the care of the Chief Executive of Oranga
child or
Tamariki - Ministry for Children, pursuant to the Oranga Tamariki Act 1989,
young
notify their foster parent or other caregiver and the nearest Regional
person in
Director for Oranga Tamariki - Ministry for Children.
care
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Death of
If the deceased was an officer or diplomatic staff member of a Diplomatic
diplomat
Mission or Consular Post, notify the National Manager: Response and
Operations. The National Manager will give details of the death and
surrounding circumstances to the Secretary of Foreign Affairs (Protocol
Division).
Death of
See
‘Immediate family outside New Zealand’ in this chapter.
foreign
national
See the
Releasing information to the media after a sudden death chapter for guidance on
what to say and what not to say, after a death has occurred to ensure you do not
contravene the Act.
Releasing deceased identity following a sudden death
Police will publicly release the name of the deceased following a sudden death as soon as
practicable once the following steps have been taken:
formal identification has been completed
next of kin have been advised
the relevant Coroner has been consulted and advised of the impending name release
there is no other impediment to release, e.g. it could prejudice the early stages of an
investigation.
It is accepted that undue delay in release can cause unnecessary concern and rumour in
the community, as well as the potential for inaccurate information about the deceased’s
identity to be disseminated through non official channels. It is also recognised that the
notification to next of kin can be a lengthy process, particularly when dealing with a
complex family situation or when next-of-kin are overseas.
Requests from next-of-kin to permanently withhold the name of a deceased cannot be
granted by Police and the next-of-kin should be advised of this. Police can however,
exercise judgement about the timing of release if there is a legitimate belief that release
will have an undue impact on the next-of-kin at a particular point. The Official Information
Act applies to requests for information about a deceased’s identity, and there should be no
expectation that there will be a lengthy delay in its release.
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If there is a legitimate reason why Police cannot provide the name of a deceased to the
media at a particular point, the reason for this should be provided where appropriate. For
example, it may be that formal identification has not been completed or next of kin are still
being advised.
Family can apply to the Coroner for a non-publication order regarding witness names and
evidence under section 74 of the Coroners Act 2006. If Police are aware that a family wishes
to pursue this option, the identity must not be released until the Coroner has made their
determination on any application. It should be noted, however, that a Coroner will not make
such an order unless they are satisfied it is in the interests of justice, decency, public order,
or personal privacy to do so. It is an exception for such an order to be made.
Restrictions on release of information when suicide is suspected
No person, including police, may without a coroner's authority, make public any detail
relating to the manner in which a death occurred if there are reasonable grounds to believe
the death was self-inflicted.
Similarly, once a coroner has found a death to be self-inflicted, no person may without a
coroner's authority or permission under section
72, make public a particular of the death
other than:
the name, address, and occupation of the person concerned, and
the fact that the coroner has found the death to be self-inflicted.
(s
71(1) and (2))
Homicide/suicide
Where a homicide/suicide has occurred, section
71 still applies in respect of the suicide.
Contact your District Communications Manager to assist you in managing the sometimes
competing demands of the public media and our obligations under the Coroners Act.
Offence to publish information in contravention of section 71 or 74
It is an offence to publish or permit to be published any information in contravention of:
section 71 (relates to restrictions on making public details of self-inflicted deaths), or
a prohibition under section
74 (where the coroner has prohibited the making public of
evidence at any part of inquiry proceedings).
The penalty on conviction for an offence is a fine not exceeding $5000 in the case of a body
corporate, or $1000 in any other case. (s139)
Coroner’s release of bodies
Release of bodies generally
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When a death has been reported to a coroner under sections 15(2)(a) or 16(2)(b), a coroner
must, if not prohibited from doing so by sections 43 and 44, authorise the release of the
body concerned as soon as they are satisfied it is no longer necessary to withhold it from
family members.
(s
42)
Restriction on release if no post-mortem directed
If a coroner decides not to direct a post mortem to be conducted, they must give Police at
least 24 hours’ notice of their decision, before releasing the body. The body can be released
earlier than 24 hours, only if a constable of or above the position level of senior sergeant
authorises the release.
(s
43)
Process for authorising release of bodies earlier than 24 hours
On the direction of the duty coroner, the National Initial Investigation Office (NIIO) will send
a COR 30 form to a senior sergeant or officer above that rank, at the District Coordination
Command (DCC) for the area of the death.
That senior sergeant (or higher) must satisfy themselves whether or not the body should be
released earlier than 24 hours, and if so, sign the COR 30 and return it to NIIO.
Police role in post-mortems and inquiries
How Police can assist post-mortems and inquiries
This table outlines what police should do to aid a post-mortem and inquiry.
Step Action
1
Collect contact information of immediate family members who wish to be
informed of the coroner’s processes, and ensure it is provided to the coroner on
the Report for coroner (
POL47 or 47A).
If the coroner directs a post-mortem, they will use this contact information to
notify the immediate family or their representative. Only if they are unable to be
contacted, will the coroner seek Police assistance to notify the immediate family
of the decision to direct a post-mortem.
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2
Seize any evidence relevant to post-mortem. (See ‘Power to seize evidence
relevant to a post-mortem’).
3
Inform the coroner of any evidential matters.
(Note: If the coroner decides to require a post-mortem that is less than a full
internal and external examination of the body, the coroner must consult Police
and the pathologist about any evidential matters that may make a full
examination necessary or desirable (
s36).
4
If a person has been charged with homicide (including motor accidents), notify
that person or their counsel that they may contact the coroner to request
representation at the post-mortem.
5
If the death is the result of a road accident and a medical practitioner (not a
pathologist) is making an external post-mortem examination, remind them that
specimens are necessary to establish contributing factors, such as substances
ingested or medical conditions. However, any internal post mortem can only be
carried out by a pathologist by the coroner.
6
Attend the post-mortem as part of the investigation and to ensure the chain of
evidence is maintained (s
38).
7
The immediate family has the right to request through the coroner, a copy of the
pathologist’s report.
If necessary, request the coroner to withhold parts of the pathologist's report to
avoid prejudice to the investigation. If police do ask for information to be
withheld, it must be redacted on the report given to the immediate family.
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8
Inform the coroner if you believe a coroner’s inquiry might prejudice a person
who has been or may be charged with a criminal offence relating to the death or
its circumstances.
The coroner can decide whether to open an inquiry, postpone opening an
inquiry, or adjourn an inquiry already opened. In practice this does not mean
that an inquiry will not proceed just that it will be delayed until the criminal
matters are finalised (
s68).
When no inquest is to be held
If the coroner decides that there will be no inquiry, the only further action required of you
is to return property.
Disclosure of legal opinions to coroners
Legal advice and legal opinions are subject to legal professional privilege and must not be
disclosed to a coroner or outside of Police without first consulting a Police legal adviser.
As part of a coronial investigation, a coroner may request a copy of any legal opinion that
has been prepared in relation to the death at issue. A formal written notice for this
information can be made by a coroner under section
120 of the Act. Under section
121, a
person to whom a notice is served under section 120 has 5 working days to advise the
coroner that the information is subject to legal professional privilege and cannot be
disclosed (see also section
54 of the Evidence Act 2006). If the coroner dismisses the claim
of privilege, Police have 5 working days from the date of the dismissal to apply to a High
Court Judge for a review.
Due to the timeframes involved, any notice served under section 120 must be dealt with as
a matter of urgency and a Police legal adviser should be contacted on the day the notice is
received.
Notwithstanding the fact that Police do not disclose legal opinions, there may be
information of relevance/interest to the coroner that can be disclosed. The coroner should
be consulted about the type of information they are seeking and police should consider, in
consultation with a legal adviser, whether the request can be met without compromising
legal professional privilege.
Etiquette when speaking to a coroner
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A coroner is a judicial official at the same level as a District Court Judge. When addressing a
coroner use “Sir” or “Ma’am” as appropriate.
Police role in inquests
Preparing for the inquest
After receiving notification of the time, date and place of the inquest, and instructions for
further inquiries from the coroner:
closely inspect the file and carry out any inquiries requested
carry out any other investigative matters required in consultation with the coroner
and the Coronial Services Unit
ensure any outstanding matters or issues have been dealt with.
Summonses and travel reimbursement will be prepared by the Coronial Services Unit.
Note the
restrictions on disclosing legal opinions to coroners if they request them.
Obtaining statements
Contact the coroner or Coronial Services Unit for guidance on what evidence you need to
establish, and the manner in which evidence can be presented.
Note that the coroner can accept evidence in original statement form or they may require
more formal depositions. If witnesses will be required to give their evidence by deposition,
have their statements begin:
This deponent being duly sworn saith:
“My name is . . ”
Witnesses summonsed to court
If witnesses are to be summonsed to appear in court, the Coronial Services Unit will issue a
witness summons under the Coroners Act 2006. The Coronial Services Unit prepares witness
summonses and serves them by registered post. However, in some circumstances Police
may be asked by the Unit for service assistance.
Witnesses’ depositions
The deposition for each witness can be read to that witness at the inquest. The witness is
then asked to state whether the contents are true. If the witness agrees, and there is
nothing more to add as a result of questioning by the coroner, solicitors or other interested
persons, the witness signs the deposition. Additional oral evidence is recorded by coroner's
staff.
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Witnesses not summonsed to court
If witnesses are not to be called, their evidence can usually be given in statement form:
My name is . .
The deceased was John Andrew BROWN. He lived at . . He was employed as . . and was born
on . .
(Include a summary of the facts.)
I now produce as exhibits:
A Statement of Identification witnessed by Constable . .
(Include also a list of the items to be produced, such as plans, photos, and statements).
Taken and sworn before me at . . on . .
(Signed) coroner
Deponent
Informing interested persons of the inquest
Coronial Services Unit staff representing the coroner generally advise all interested parties
of the inquest. However, in some situations Police may be asked to assist the Unit by
notifying people on their behalf.
The inquest
At the inquest, produce the evidence requested by the coroner in a manner approved by
the coroner.
The usual rules of evidence do not apply, i.e. hearsay evidence is admissible in some
circumstances (s
79(1)).
Note the
restrictions on disclosing legal opinions.
After the inquest
The coroner makes a finding and issues a report, in which the findings are detailed.
The Coronial Services Unit (CSU) sends a letter enclosing a copy of the findings to the
immediate family and the relevant Inquest Office.
Cultural and religious considerations on post-mortems
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This section:
explains the cultural and religious attitudes to post-mortems you might encounter
when advising immediate family of the need for a post-mortem
provides advice about how to deal with concerns and convince the immediate family
to accept the need for the post-mortem.
Reminder: If appropriate, call on Iwi, Asian, or Pacific Liaison Officers to help you.
Ethnic groups
This table outlines customs/considerations/beliefs of some ethnic groups to post mortems.
Ethnic
Customs/considerations/beliefs
group
Māori
Māori custom dictates that the deceased must be accompanied all the time,
to be kept spiritually ‘warm’ until the burial. Therefore, a post-mortem and
keeping a body for an extended period of time in the hospital mortuary is
extremely upsetting. In most cases, Police are expected to contact the
coroner and pass on the wishes of the immediate family for a speedy release
of the body.
Cook
Cook Islanders reluctantly accept the need for post-mortems, after
Islands
discussion.
Niue
Attitudes vary but, generally, the immediate family (including extended) will
discuss the matter and then agree to it when absolutely necessary.
Samoa
Samoans and Tongans regard a post-mortem as an indignity to the body of
and
the deceased and tact is required to explain the legal requirements.
Tonga
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Vietnam When a person dies, the body is placed on the ground for a short time so that
the air of the ground can be ‘absorbed’. The body is then placed back on the
bed with a piece of white paper placed over the face, so that the deceased
cannot see grieving immediate family members. It is important that you don’t
remove this paper in the presence of the immediate family, as this would
insult them.
Religious groups
This table outlines customs/considerations/beliefs of some religious groups to post
mortems.
Religious
Customs/considerations/practices
group
Buddhism Buddhist customs are very similar to Vietnamese ones (see above section),
except that you may well find a coin in the mouth or clenched in a hand.
Post mortems are extremely objectionable and deeply disrespectful to the
dead and the surviving family. This issue must be handled with sensitivity
and explained carefully to the family.
Greek
In the Greek Orthodox Church, post-mortems are allowed only in cases of
Orthodox
suspicious sudden deaths. Otherwise, the body must be intact so that it can
rise in the ‘second coming of the Lord’.
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Hinduism
Hindu custom dictates that, as soon as the person dies, the body is washed
and dressed. This could well destroy evidence at a home death when Police
involvement is required.
Most Hindus believe that the dead person will be united with their body, in
its best form, after death, and that a post-mortem prevents this.
Post mortems are extremely objectionable and deeply disrespectful to the
dead and the surviving family. This issue must be handled with sensitivity
and explained carefully to the family. A persuasive argument is needed
regarding medical necessity before the immediate family will release the
body.
Islam
Generally, a post-mortem is not allowed unless a specific medical study has
to be made. In the case of sudden deaths, you need to stress the medical
necessity to establish a cause of death.
The deceased must be buried as soon as possible following death.
Jewish
Jewish faith forbids mutilating the body, and most religious leaders will
faith
allow post-mortems only in cases where there is suspicion of homicide or
where the health of others may be at stake.
Jewish tradition requires the body be watched at all times as the soul, it is
believed, does not leave until the burial. Once the Jewish Burial Society
becomes involved, arrangements will be made to have it accompanied at all
times. Often well-respected community members take this role on
voluntarily.
In Jewish practice, the funeral is usually held within 24 hours of the death.
Because the mourning rituals will be disrupted by delay of the funeral, the
bereaved will be anxious for speedy release of the body.
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Sikh faith
There are no prohibitions regarding autopsies in the Sikh faith. However,
the hair must not be removed from the body to perform the autopsy.
Advise coroner of family’s concerns about post mortems
In cases where the immediate family hold strong cultural or religious beliefs that are “at
odds” with a post mortem being held, advise the coroner of this as soon as possible, so
that an early release of the body can be considered.
Sudden death: Mäori
This section profiles important 'Tikanga Mäori' (Cultural Values) that should be considered
when dealing with Tüpäpaku (Deceased Person) in the context of a sudden death
investigation.
Key generic principles when dealing with Mäori death or Tangihanga are:
joint collaboration / decision making
information sharing
early identification of immediate family spokesperson/s
ongoing adherence / acknowledgement of the tapu (sanctity) of the Tüpäpaku.
Tangihanga: The grieving process
Tangihanga begins at the time of death. Whanau will immediately begin to mobilise and
communicate with one another. The deceased becomes tapu, everything associated with
the deceased included their whanau also become tapu. There is also a range of logistical,
administrative and cultural activity that is commenced in preparation for the return of the
Tüpäpaku to the Marae or wherever the Tüpäpaku may lay in state for a period of three to
four days.
Employees investigating deaths involving Mäori whanau should clearly explain the role and
function of police.
Ko te whanau / whänui: The immediate family
It is important to identify (early) who the spokesperson of the whanau is, and explain
carefully to that person what the role of police is and that you need their assistance to
explain to the wider whänau why police are present. Do not leave any details out or make
any promises that cannot be kept.
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The spokesperson could also be an extended whänau member who is not readily available.
You should make every attempt to liaise and update them whenever possible. Above all
else, exercise extreme patience when dealing with all whänau members.
Ko te Tüpäpaku: The deceased
The body is 'tapu' and should be treated with dignity and respect at all times. Whänau
members will be extremely vigilant when police are viewing and handling the body. Some
whänau members will not hesitate to assist police in preparing the body for removal. You
should not decline the assistance offered unless there are strong investigative / criminal
related issues that dictate otherwise.
Ko te Tangotango o te Tüpäpaku: The examination of the deceased
person
The body is 'tapu' and where possible, should not be exposed (naked) in front of whänau
members when doing an external body examination. Whänau members should be
consulted regarding this and politely asked to leave. This should not be a long process,
unless otherwise dictated by suspicious circumstances or un-natural markings on the body.
Ko ngä taonga o ngä Tüpäpaku: The deceased's property
All property and personal belongings of the deceased are considered 'tapu', and in most
cases whänau will want to be consulted as to how and when these items will be returned.
Early contact with whänau will provide guidance and direction on this. Seek advice from
your local ILO or District Kaumatua if the whänau do not make their wishes about the
return of property clear.
If whänau are present and there is no investigative need for the property to be removed, it
should be handed to the immediate family. Property should be clearly itemised in detail
and immediate family should sign for the property.
Ko te wähi Aituä: The scene
The whänau will usually want to bless (Karakia) the scene to lift the ‘tapu’ in the immediate
area of where the deceased was found or died. Police should not be alarmed and should
participate by being patient and standing with their heads lowered in respect. The blessing
may also include a mihimihi (speech of acknowledgement of the deceased) and a hïmene
(hymn).
Ko te whakahoki o te Tüpäpaku: The early release of the deceased
Where possible, police should explore the early release of the deceased with the whänau
and on-call coroner. This will assist in gaining the support and cooperation of the whänau
and allow them time to prepare for the return of the deceased and advise other whänau.
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Police are responsible for ensuring the whänau are kept informed at all times regarding the
possibility of an early release and where possible should advise the whänau that the
coroner has authorised / declined an early release prior to leaving the whänau or finishing
duty.
He Kaituku whëkau: Organ donors
The body is ‘tapu’. The journey of the deceased back to the spirit world includes the body
being ‘intact’ with all its body organs inside the body. Most Mäori will not donate organs,
but some Mäori do and have indicated such on their driver licenses. If they have neglected
/ failed to advise extended whänau of their wishes, this can cause issues in terms of
removing the body and associated post mortem. Police should take their time to negotiate
this issue further with whänau, as they will have the last say.
Nga Tikanga: Cultural values
Karakia (Prayer), Waiata / Hïmene (Songs / Hymns), Mihimihi / Whai Körero (Speeches of
acknowledgement), Tapu (Sanctity), Tangi (Waling), Hongi (Rubbing of noses), Karanga (Call
of the Women), Haka (War dance of respect) are all cultural values / concepts that will
sometimes be conducted in an impromptu manner as a sign of respect to the deceased. Do
not be alarmed or fazed and if possible respectfully allow the process to take place.
Remain patient.
Whänau will acknowledge and respect Police for their sensitivity, reverence and respect for
the deceased and the whänau pani (immediate family of the deceased).
Ko ngä mahi o ngä Kaumatua / Kuia: The role of elders and kuia
Elders and kuia usually, if present and available, take a lead role in facilitating and
coordinating ‘Tikanga Mäori’ and any related formalities associated with the deceased
person (immediately after death through to burial). However, in some cases they may
choose to delegate this responsibility to another member of the whänau. In these cases
they will advise you of the nominated person and you should make yourself known to them.
Ko ngä mahi o ngä Kaitakawaenga: The role of the Iwi Liaison
Officer
District ILO should only be contacted to attend sudden deaths in exceptional circumstances
and should not be called just because the deceased is Mäori. When ILO do attend they can
provide ongoing liaison between whänau and Police in English and Te Reo Mäori and can
provide advice and guidance to investigators on matters of ‘Tikanga’.
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ILO must not be used as scene guards or left to complete the 1S file. They have a specialist
role and a specific function. Where necessary to ensure the effective and efficient
conclusion of the investigation, ILO may take a lead role in the overall IS investigation
(continual updating of whänau, liaising between Police and whanau / coroner’s office)
Exceptional circumstances include:
when whänau will not release the body and the matter is likely to become protracted
and involves matters of ‘Tikanga’
when whänau prefer to speak in Te Reo Mäori only.
For further information about deploying ILO refer to ‘Deploying Liaison Officers for sudden
deaths’ and ‘Disputes over burial arrangements’ in the ‘Deploying Iwi, Pacific and Ethnic
Liaison Officers’ chapter.
Discovery of skeletal remains: bones
Köiwi: Historical significance
Throughout the country, Iwi have clearly identified and marked areas that are tapu (sacred)
- areas containing the remains of tupuna (ancestors) who died of natural causes or as a
result of inter-tribal warfare that occurred many years ago. These areas are known as wähi
tapu (burial sites).
However some of these areas have not been marked and from time to time köiwi have been
‘accidentally’ unearthed as a result of urban development / new building sites or even
through innocent recreational activity.
Locations and deposits of köiwi align to local Iwi whakapapa (genealogy), protocols and
traditions. Local kaumätua will also be able to recount specific sites and locations where
historical battles may have taken place and may also be able to provide dates and specific
detail regarding each deposit.
It should be assumed that any historical finds will be of Mäori descent. If they are not,
there is no known non-Mäori services that will provide kaitiaki (guardianship) for these
bones. Mäori (Iwi) take this responsibility very seriously and will accord respect and dignity
to all köiwi found in its Iwi boundaries.
Whatever the case may be, köiwi within Iwi boundaries are tapu and police should proceed
with caution and sensitivity.
When Police are called to the discovery of skeletal remains, consideration must be made as
to the determination and category of the bones. The bones may be identified as one of the
following:
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1. historical human skeletal remains - Köiwi bones.
2. human skeletal remains undetermined
3. human remains in circumstances that indicates a suspicious death.
Consider the use of external agencies at the time of discovery to assist with historical
determination:
1. CIB
2. Heritage New Zealand
3. Forensic Pathologists
4. Anthropologists
He mana o te Kaiwhakamätautau Tüpäpaku: The direction of the
coroner
The initial discovery of köiwi should be treated as a criminal investigation and if the
findings are likely to be related to recent death, this must be notified to the coroner. Such
findings may include bones:
associated with clothing
which are anatomically arranged rather than scattered and loose
found above the ground
with tissue remnants attached.
There is no age determinant for this and advice supported by the scene evidence will assist
in the step process
Forensic pathologist advice should be sought when findings fall into the above category.
Findings which are likely to be remnants of previously normally interred bodies need not
be notified. Such findings may include bones:
which are dry (often coloured yellow)
which are scattered
exposed by erosion
found in or near urupä / wähi tapu (sacred sites) or cemeteries
associated with casket or tomb remnants.
Ko te mahi o te Pirihimana: The role of Police
When a determination is made that the köiwi is recent and requires further investigation,
normal serious crime scene action should be initiated.
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When it is determined that the köiwi is historical, contact the local Council Iwi Unit and
Heritage New Zealand / Pouhere Taonga (previously known as Historical Places Trust) and
provide them with all available detail regarding the location and circumstances of the find.
(See ‘When köiwi (bones) are discovered’ in the
‘Deploying Iwi Liaison officers (ILO)’ chapter
for how to contact Heritage New Zealand).
Council Iwi Unit and Heritage New Zealand / Pouhere Taonga will then attend the scene and
also liaise with the local Iwi / Hapü. Police are no longer required to remain at the scene
nor would Police be involved in the transportation of the remains
If it is determined that the köiwi are not to be treated in an historical context, then if
irrespective of suspicion, normal coronial procedures will occur, i.e. coronial notification,
POL47 completion and the transport of the remains will be through a contracted service
provider.
Ko ngä mahi o te Kaunihera: The role of the Council
Members of the Iwi Unit (Council ILO) will collect as much information as possible, attend
the scene, and chart the location of the find which will be added to the local council
database.
They will also liaise with and coordinate activities with the local Heritage New Zealand /
Pouhere Taonga office and the local Iwi / Hapü.
Ko ngä mahi o te Heritage New Zealand: The role of Heritage New
Zealand
Heritage New Zealand /Pouhere Taonga will ensure the ongoing liaison between local Iwi
and Hapü and will also provide Police with updated mapping systems and processes
(Communications Centres) as to the locations of all recent finds.
Ko te mahi o ngü Kaitakawaenga: The role of the ILO
The Council Iwi Unit and Heritage New Zealand / Pouhere Taonga networks assume the role
of the ILO and have extensive Maori networks and support services to ensure Iwi and Hapü
are continually consulted over the repatriation of köiwi in their rohe.
District ILO do not need to be involved in this process.
Organising and completing the file
File contents
Subject to individual Inquest Offices formatting, the following documents should be
included on the Police file.
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Documents
Comments
Report for
See
Completing the report for coroner (POL 47) for further information.
coroner (POL
If you have notified the coroner of the death and been informed that
47)
there will be no inquest because a medical certificate is available, only
a file copy is required.
Deceased
Top copy
Property
Report (POL
268)
Witnesses’
statements
Deceased
Person
Identification
Form (POL
265A)
COR 31
verification
of death
form
Pathologist’s
This may go direct to the Coronial Support Unit. If available to Police,
report
add to the file.
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Covering
The report should include where relevant:
report
the circumstances surrounding the notification of the death to
Police
a description of the scene, and the approximate time of death
the appearance of the body - clothing, position, injuries, scars
if the body is unidentified, the details gained from the steps taken
to identify the body
whether any weapons such as firearms were seized, and any items
related to suicide or drug overdose
full names, addresses and occupations of witnesses
any suspicious circumstances
whether donor material has been obtained from the deceased
person.
A NIA Person
Dossier
print-out
Deceased
If the deceased has a:
person
Police PRN
notification
driver licence
firearms licence (place the details in the ‘Any Other Information’
area),or:
is a drowning victim,
complete a Deceased Person Notification, accessed through Police Ten
One
Notifications. This will informs the Central Register of Driver
Licences and the Licensing, Vetting Service Section PNHQ and Water
Safety NZ as applicable
POL 258
Include this if there is something extra that needs to be brought to the
attention of your supervisor. This does not include the cover sheet,
which must be put on every file for recording purposes.
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Inquest
Include these if an inquest is to be held. The file may be returned to you
depositions
to prepare the witness statements.
Computer-
Attach all computer-generated documentation to the file.
generated
documents
Original or copies
Where the matter is purely coronial and there are no prosecution matters outstanding or
contemplated, the originals of statements, certificates and reports must be sent to the
coroner for attaching to the coronial file. Copies of such documents must be retained on
the Police file.
In cases where a prosecution is anticipated, originals stay with Police as part of the
prosecution file. Copies can be provided to the coroner where required.
Checks when completing the file
When completing the file, ensure:
the verdict and the names of the coroner and of counsel appearing at the inquest are
recorded
Coronial Services Unit has advised the immediate family
Query Person Alert checks have been carried out and, if the QP is positive, the
Deceased Person notification form (Police Ten One
Notifications) has been sent
you check with the Coronial Services Unit regarding return of property
all correspondence has been answered (note that on completion of the file all
enquiries should be forwarded to the Coronial Services Unit for a response)
the ACC, Water Safety New Zealand or the National Intelligence Centre have been
notified, where appropriate.
Update NIA
Ensure that the NIA occurrence is updated, especially if the coroner’s findings include a
restriction on making public details of a self-inflicted death (
s71) or witness or evidence
details (
s74). By reading the information in a NIA occurrence, employees should become
aware of the restriction. (They may not become aware of it if it is only noted on the
Coroner’s Findings (Cor 7)).
Note the following in NIA with regard to the occurrence:
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“Coroner's direction - section 71 Coroners act 2006 - no person without Coroner’s authority
can make public any particulars of the death other than the name and occupation of the
person concerned and the fact that I have found his death to be self-inflicted”.
Exhibits
Coroners Services Unit will contact ESR to destroy or return exhibits.
Offence table
This table lists the offences under the Coroners Act 2006.
Offences
Section Offence
Category
Failing to supply information or documents required by coroner’s
134
Category
notice
1
Making false or misleading statements, or omissions, in certain
135
Category
documents
1
Failing or refusing to comply with a direction about the removal of
136(a)
Category
a body
1
Hindering or preventing a person from complying with a direction
136(b)
Category
about the removal of a body
1
Failing or refusing to give the coroner a required report
137
Category
1
Making false or misleading written statement about the identity of
138
Category
a person
3
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Publishing information in contravention of section 71 (restrictions
139
Category
on making public details of self-inflicted deaths) or prohibition
1
under section 74 (coroner empowered to prohibit making public
evidence given in inquiry proceedings)
Mortality review committees
Health Quality and Safety Commission
The Health Quality and Safety Commission is established under section 59A of the NZ Public
Health and Disability Act 2000 to lead and co-ordinate work across the health and disability
sector for the purpose of:
monitoring and improving the quality and safety of health and disability support
services, and
helping providers across the health and disability sector to improve the quality and
safety of health and disability support services.
Appointment of mortality review committees
The Health Quality and Safety Commission may appoint mortality review committees under
section 59E of the Act to:
review and report to them on specified classes of deaths of persons, or deaths of
persons of specified classes, with a view to reducing the numbers of deaths of those
classes or persons, and to continuous quality improvement through the promotion of
ongoing quality assurance programmes
advise on any other matters related to mortality specified by the Commission.
From this information, a mortality review committee is required to develop strategies
designed to reduce morbidity and mortality.
The Health Quality and Safety Commission must provide a report on the progress of
mortality review committees to the Minister of Health.
Police representation on mortality review committees
There are a number of mortality review committees across New Zealand. Of particular note
are those with a focus on child, youth and suicide deaths. These committees are attended
by a range of stakeholders, including a senior Police employee from the respective policing
area and / or district.
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Police representation on mortality review committees is consistent with the NZ Police ‘Our
Business’ strategy; and ‘Prevention First’ – our national operating model, which supports
staff in their day to day activities by taking every opportunity to prevent harm.
Information to be provided to mortality review committees
Schedule 5 of the NZ Public Health and Disability Act 2000 details the provisions applying to
mortality review committees.
Under clause
2, a chairperson of a mortality review committee may, by notice in writing,
require any person to give the committee information in the person's possession or under
their control that is relevant to the committee performing its functions. This may include:
patient records, clinical advice, and related information
answers to questions posed by the chairperson in the notice, and that the person is
able to answer.
The person must take all reasonable steps to comply with the notice.
Agreed disclosure process
The agreed disclosure process when mortality review committees require information is
that they must each engage directly with, and obtain relevant information from, the
respective coroner (not from police) via the
Ministry of Justice website. This approach will
not interfere with the legislative requirements of the Health Quality and Safety Commission
provided for under the Act.
The decision to disclose or not disclose information contained on an open coronial file is a
decision for a respective coroner, not an employee of Police.
The agreed disclosure process was approved by Commissioner Peter Marshall effective from
4 October 2012.
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