Coroners Act 2003

This section applies if a person wants access to an investigation document, that is in the possession of a coroner, for research purposes.

The State Coroner must not give the person access to—

an investigation document, while a coroner is investigating the death to which the document relates, unless the State Coroner considers it appropriate having regard to—

the importance of the research; and

the public interest in allowing the access before the investigation has finished; or

a document to the extent that it contains information obtained under any of the following provisions—

section 17;

the Child Protection Act 1999, section 159P;

the Public Health Act 2005, section 56 or 86.

The person may access an investigation document, other than a document mentioned in subsection (2)(b), only with the consent of the State Coroner.

The State Coroner may consent only if—

the State Coroner is satisfied that the person is a genuine researcher; and

the State Coroner is satisfied that the document is reasonably necessary for the research; and

for a police document in relation to which the State Coroner decides not to obliterate information that identifies someone—the commissioner of the police service agrees to the person having access to the document; and

for an investigation document that is not a coronial document or document mentioned in paragraph (c)—the chief executive officer of the entity that prepared the document agrees to the person having access to the document.

The State Coroner’s consent allows the person to access 1 or more stated types of investigation documents—

for the period stated in the consent; or

until the State Coroner withdraws the consent;

Before giving someone access to an investigation document for research purposes, the State Coroner must ensure that any information in the document that identifies anyone is obliterated.

However, the State Coroner need not obliterate the information if the State Coroner reasonably believes—

the person’s identity is necessary for the research to be effective; and

the opportunity for increased knowledge that may result from the research outweighs the need to protect the privacy of any living or dead person.

This section is subject to section 56.

In this section—genuine researcher means—

a person for whom an application for health information has been granted under the Public Health Act 2005, chapter 6, part 4; or

a person who is a member of a quality assurance committee established under the Hospital and Health Boards Act 2011, section 82; or

another person who is conducting genuine research.