Justice Centre | 19 Aitken Street
DX SX10088 | Wellington
T 0800 268 787 | [email address]
justice.govt.nz
11 May 2021
Virginia Crawford
[FYI request #15126 email]
Tēnā koe Ms Crawford
Official Information Act 1982 request
Thank you for your Official Information Act 1982 (OIA) request of 10 April 2021. You have requested
information on the following:
If a person dies after receiving the Comirnaty vaccine:
a) Will an inquest be required?
b) What onus is on the deceased's doctor to request an inquest?
c) Under what circumstances may that doctor issue a death certificate without an
inquest?
d) How long is the time frame involved in all the above?
In response to parts a) and b) of your request, the information you have requested is publicly
available within New Zealand legislation. I can advise that deaths are reported to the Duty Coroner
in accordance with Coroners Act 2006 (the Act). For information on the reporting of deaths to the
Coroner, please see sections 13 and 14 of the Act. For information on the coroner’s decision to hold
inquest, see section 80 of the Act. The Act can be accessed the following address:
https://www.legislation.govt.nz/act/public/2006/0038/latest/DLM377057.html. Therefore, I am
refusing this part of your request pursuant to section 18(d) of the OIA.
In response to part c) of your request, I can advise that a general practitioner or doctor can issue a
Medical Certificate of Cause of Death under section 46B or 46C of the Burial and Cremation Act
1964. Under the circumstances outlined in those sections, a death is not referred to the coroner, and
therefore a coronial inquest is not applicable. This process is overseen by the Ministry of Health and
more information can be accessed at the following address: https://www.health.govt.nz/our-
work/regulation-health-and-disability-system/burial-and-cremation-act-1964/completing-death-
documents. In addition, the Burial and Cremation Act 1964 can be accessed at the following address:
https://www.legislation.govt.nz/act/public/1964/0075/latest/DLM355079.html
In certain cases, a health practitioner must report a death to the coroner. For example, if a doctor or
nurse practitioner is not able to, or not prepared to issue a Medical Certificate of Cause of Death, the
death will be referred to the Duty Coroner. For more information on the Coronial process please visit
https://coronialservices.justice.govt.nz/home-2/. To understand more on the referral of medical
deaths to the coroner, you may also be interested in the information available at:
https://www.health.govt.nz/our-work/regulation-health-and-disability-system/burial-and-
cremation-act-1964/referring-death-coroner.
In response to part d) of your request I can advise there is no legislative or prescribed timeframe for
when a coronial inquest is required, or when coronial findings are issued. In general, the length of
time it takes a coroner to complete each coronial case depends on several factors, including the
circumstances of the death. It would not be unusual for the coroner to postpone their inquiry until
after the investigations by other agencies have been completed, including medical agencies. How a
case progresses is at the discretion of the coroner as an independent judicial officer.
If you require any clarification of the information contained in this response, please contact our
Media and External Relations team by emailing [email address].
If you are not satisfied with this response, you have the right to complain to the Ombudsman under
section 28(3) of the OIA. You can contact the Office of the Ombudsman by writing to PO Box 10152,
Wellington 6143; calling 0800 802 602; or emailing [email address].
I trust that this information assists.
Nāku noa, nā
Bruce Findlay
Group Manager, Courts and Tribunals, Regional Service Delivery
Ref:
87251
