2.9 Birth, Deaths & Coronial Services:
Introduction to the Role of the Coroner
Presented by Coroner Erin Wooley in 2023, updated by Nimisha Waller in 2024.
Overview of Coroner's Responsibilities
The coroner is a specialist judicial officer who must be a lawyer with at least five years of experience.
Legal responsibilities include:
Investigating certain deaths.
Determining the cause and circumstances of sudden or unexplained deaths and deaths occurring in special circumstances.
Making recommendations or comments aimed at reducing the likelihood of similar deaths in the future.
The coroner's approach focuses on prevention rather than punitive action.
Coronial Services Structure
In New Zealand, there are up to 22 full-time coroners, which include the Chief Coroner and the Deputy Chief Coroner.
There are eight relief coroners appointed for five years.
The Coronial Services Unit encompasses:
National Initial Investigations Office (NIIO).
The Office of the Chief Coroner.
Case Managers (one for each coroner).
Legal Research Counsel.
Deaths That Must Be Reported to the Coroner
Deaths occurring during childbirth or deaths of a woman where it appears related to pregnancy/birth must be reported.
Reference for further information can be found at the provided URL.
The coroner has jurisdiction over deaths that are sudden, unexplained, unnatural, or violent, and where a doctor is unable or unwilling to certify the cause of death.
Deaths That Do Not Need to Be Reported
Stillbirths do not need to be reported to the coroner.
They may be certified by the midwife or medical practitioner present at the birth.
If there's uncertainty whether a child was stillborn or if the death is otherwise reportable, it should be reported to the coroner.
Healthcare-Related Deaths
Under the Coroners Amendment Act of 2016, a death should also be reported if:
It occurs during or appears to be a result of medical procedures.
It occurred while the individual was affected by anaesthetic and was unexpectedly medically critical.
Rights Regarding Post-Mortems
Family members may object to a post-mortem, and the coroner can uphold that objection if satisfied that the death does not appear to result from a criminal offense, and no legal obligations require a post-mortem.
The family's rights are emphasized, and good information and resources should be provided for contact with the coroner.
If the coroner makes adverse comments about any individual or organization, that party has the right to respond before the findings are released.
Investigative Procedures
In the event of unexpected death, especially in a home birth or maternity context, police attendance is necessary to complete required forms and assist in investigations.
It is imperative that the scene remains undisturbed until police have arrived and assessed the area.
Custody of the deceased's body remains with the coroner until they authorize family contact or viewing.
Coroners' Findings and Recommendations
A written finding is produced by the coroner after investigating the case, and families may provide input during the process.
Coroners' findings include all relevant information, including witness statements and police reports, aimed at clarifying incidents and reducing risk in similar situations in the future.
Key Interfaces with the Coronial System
Midwives and healthcare professionals are likely to interface with the coroner as witnesses in cases of:
Maternal deaths.
Deaths of babies born alive during or following birth.
Sudden Unexpected Death in Infancy (SUDI).
Expert witnesses may also be called to give advice on applicable standards of care.
Definitions Related to Perinatal Deaths
Stillbirth: A baby born after 20 weeks of gestation and weighing 400g or more, characterized by no signs of life.
Miscarriage: A baby born before 20 weeks of gestation or weighing less than 400g.
Death between birth and the first week is classified as early neonatal death; between 7 days and 27 days is classified as neonatal death.
Challenges and Ethical Considerations
Conversations with parents regarding the classification of deaths can be sensitive and challenging, especially around the definitions of miscarriage and stillbirth.
Considerations around the emotional and psychological impacts of these discussions should be taken into account in practice.