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.