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Niue Consolidated Legislation |
NIUE LAWS
LEGISLATION AS AT DECEMBER 2006
INQUEST ACT 1964
1964/23 – 1 December 1964
PART I
PRELIMINARY
1. Short title
2. –
3. Interpretation
PART 2
THE CORONER
4. Office of Coroner established
5 Functions of Coroner
6. Powers of Coroner and duties of Registrar
PART 3
REPORTS AND INQUIRIES INTO DEATH
7 Duty to report death to Coroner
8 Inquires by Police and Coroner
9 Medical report
10 Postmortem examination during inquires publication
11 Burial and exhumation
12 Duty to report death on board ship Coroner
PART 4
INQUEST IN RESPECT OF DEATH
13 Holding of inquest compulsory
14 Holding of inquest permissive
15 Purpose of inquest in respect of death
16 View of body
17 Postmortem examination during inquest
PART 5
INQUIRIES AND INQUESTS IN RESPECT OF FIRE AND EXPLOSIONS
18 Duty to report fires and explosions
19 Inquiries by Police and Coroner
20 When to hold inquest in respect of fires or explosions
21 Purpose of inquest in respect of fires and explosions
PART 6
RULES OF PROCEDURE FOR INQUEST IN RESPECT OF DEATH AND INQUEST IN RESPECT OF FIRES AND EXPLOSIONS
22 Inquest before Coroner alone
23 Date, place and notification of hearing
24 Procedure where criminal proceedings are pending
25 Hearing in public and publication of proceedings
26 Publication where death was self inflicted
27 Right of audience
28 Every kind of evidence admissible
29 Examination of witnesses
30 Protection of witnesses
31 Fees for witnesses
32 Default of witness and unauthorised
33 Inquest may be completed by another
34 Finding
35 Inquest may be reopened
36 Procedure so far as not prescribed
PART 7
GENERAL
37 Mortuaries
38 Power of Medical Officer to enter
39 Duty of Police to assist
40 Forms
41 Contempt
42 Offences
43 [Spent]
44 Application of fines
SCHEDULE
________________________________
To provide for inquiries into the manner of death of any person into the cause and origin of fires and explosions
PART 1
PRELIMINARY
1 Short title
This is the Inquest Act 1964.
2–
3 Interpretation
In this Act –
"isolation station" means an isolation station appointed under the Public Health Act;
"master" means and includes the owner of a ship and any person (except a pilot) having command or charge of any ship;
"Medical Officer" means a person appointed by a Medical Officer to have in his custody a person of unsound mind under Part 26 of the Niue Act 1966;
"Registrar" means the Registrar of the High Court and includes the Deputy Registrar; "ship" includes every description of vessel used in navigation, however propelled, but does not include ships of the naval forces of any country.
PART 2
THE CORONER
4 Office of Coroner established
(1) Every person holding office as Judge, or Commissioner of the High Court, or any 2 Justices of the Peace acting together shall, without any authority other than this section by virtue of holding any such office, be a Coroner for the purposes of this Act.
(2) The Judge, when present, may execute the functions of Coroner or may at any time request a Commissioner of the High Court to execute any of the functions of a Coroner.
(3) Unless so requested –
(a) [Spent]
(b) A Commissioner of the High Court shall not execute the functions of Coroner when the Judge is present.
(4) Every person being a Coroner and executing functions of a Coroner under this section shall be deemed to be the Coroner within the meaning of this Act.
5 Functions of Coroner
The principal functions of the Coroner shall be to make inquiries and hold inquests in respect of the death of any person and of fires or explosions as required by this Act.
6 Powers of Coroner and duties of Registrar
(1) For the purpose of discharging his functions the Coroner shall, in addition to any particular power conferred on him by this Act, have and may exercise and invoke all the powers, privileges, authorities, and immunities which are possessed by a Judge in his ordinary jurisdiction including the power to punish for contempt of the High Court as provided in section 41.
(2) Every order, direction, determination or decision given or made by the Coroner under this Act shall be final.
(3) The Registrar shall keep the records of the Coroner’s office and shall issue summonses and warrants and perform all such other administrative duties in respect of that office as the Coroner may direct.
PART 3
REPORTS AND INQUIRIES INTO DEATH
7 Duty to report death to Coroner
(1) Every Medical Officer, constable, and the officer in charge of any prison or isolation station shall forthwith report to the Coroner the death of any person who, while being held in the custody of any such officer respectively, has died on Niue from any cause or has died from any cause or has disappeared in the circumstances specified in section 12.
(2) Where a person (not being a person held in custody under subsection (1)) has died on Niue a sudden death of which the cause is unknown or has died on Niue and there is reasonable cause to suspect that that person has died either a violent or unnatural death, every Medical Officer and every constable who is present when that person dies or who finds that person lying dead or being drowned shall forthwith report the death to the Coroner, and any other person so being present or so finding the body shall forthwith notify any constable who thereupon shall report the death to the Coroner.
8 Inquiries by Police and Coroner
(1) In each case where section 7 applies, the Chief Officer of Police shall make such inquiries as he thinks necessary for the purposes of this Act or as may be directed by the Coroner.
(2) On receipt of any report under section 7, the Coroner may direct any such inquiries to be made as he thinks necessary.
9 Medical report
Whether or not an inquest is being held, the Coroner may at any time request the Director of Health or any member of the Director of Health’s staff who has recently attended the person into whose death the Coroner is inquiring, to supply him with a report relating to the death of the deceased person.
10 Postmortem examination during inquiries
(1) In each case, where the Coroner is informed that a person (not being a person held in the custody of any officer referred to in section 7(1)) has died a sudden death of which the cause is unknown, he may authorise and request the Director of Health to carry out a postmortem examination of the body and to report the result to him in writing.
(2) If the Coroner, on receipt of any such report or of a report under section 9, or as a result of inquiries made under section 8 is satisfied that the death was due to natural causes, he may decide not to hold an inquest.
11 Burial and exhumation
(1) Notwithstanding anything to the contrary in an enactment for the time being in force it shall not be unlawful to exhume the body of any person if the Coroner orders, by writing under his hand, that body is to be exhumed for the purpose of an inquiry or inquest being held or to be held under this Act.
(2) Whether or not an inquest is being held, the Coroner may at any time, by writing under his hand, order the burial of the body of any person whose death has been reported to him under this Act or the burial of any body exhumed under an order under this section.
(3) As a condition of any order under this section the Coroner may prescribe such safety precautions as he thinks fit and every person who fails to comply with any such condition or does any act to hinder or prevent any such condition being complied with commits an offence and shall be liable on conviction to imprisonment for a term not exceeding one month or to a fine not exceeding 1 penalty unit.
12 Duty to report death on board ship
(1) Where any loss of life occurs from any cause on or from any ship the master shall report the occurrence –
(a) Forthwith when loss of life occurs on or near the coast or in the roadstead of Niue;
(b) On arrival in the roadstead of Niue when loss of life has occurred at sea since the ship last departed from the port of any country or island other than Niue.
(2) Subsection (1) shall apply where a person disappears on or from any ship and this Act shall be read subject to this subsection, where applicable, and with the necessary modifications.
(3) Every report required under this section shall be made by the master whether or not any other person is required by section 7(1) to report the same occurrence.
(4) Every report required under this section shall be made by the master to any constable who shall report the death to the Coroner and thereupon this Part shall, so far as applicable, apply with all necessary modifications.
PART 4
INQUEST IN RESPECT OF DEATH
13 Holding of inquest compulsory
The Coroner shall hold an inquest in each case where he is informed that a person –
(a) Has died on Niue from any cause while in the custody of a constable or of an officer of prisons; or
(b) Is found dead on Niue and there is reasonable cause to suspect that the person has died either a violent or unnatural death; or
(c) Has died on Niue a sudden death of which the cause is unknown and the Coroner has not proceeded as provided in section 8 (2), section 9, or section 10 or has so proceeded and, in the circumstances specified in section 10 is not satisfied that the death was due to natural causes; or
(d) Has died from any cause or disappeared in the circumstances specified in section 12(1)(a) and either the ship is still on or near the coast or in the roadstead of Niue, or any witness is in Niue.
14 Holding of inquest permissive
(1) In each case where the Coroner has received a report under Part 3, and where the holding of an inquest is not required by section 13, the Coroner shall hold an inquest if he considers an inquest to be necessary or desirable.
(2) If in the circumstances specified in section 12(1)(b), the Coroner decides not to hold an inquest he shall direct, as far as practicable, such inquiries to be made and such evidence to be taken as may assist in the holding of an inquest (if any) in any country other than Niue.
15 Purpose of inquest in respect of death
An inquest shall be held for the purpose of establishing –
(a) The fact that a person has died;
(b) The identity of the deceased person;
(c) When, where, and how the death occurred.
16 View of body
(1) Where in respect of the death of any person an inquiry or an inquest under this Act is held it shall not be necessary for the Coroner to view the body of the deceased person.
(2) No inquest shall be concluded unless the Coroner is satisfied that the body in respect of which the inquest is being held has been viewed by some person giving evidence at the inquest.
(3) Where a person has disappeared from any ship or the Coroner is satisfied that the body is destroyed or irrecoverable in any other circumstances he shall hold and conclude any inquest required under this Act and the provisions of this Act shall, so far as applicable, apply to any such inquest subject to all necessary modifications.
17 Postmortem examination during inquest
(1) At any time before the conclusion of an inquest, the Coroner may authorise and direct the Director of Health to carry out a postmortem examination of the body of the deceased person and, where necessary, to request an analyst or pathologist to make an analysis as part of the postmortem examination.
(2) The Coroner may direct the payment of such fees as he may think fit for an analysis so made by any person other than a Medical Officer and any such fee shall be paid out of the public revenue of Niue.
(3) For the purposes of this section and section 10(1), the Coroner may give such directions as he thinks fit to the disposal or removal of the body or any part of it and every person who fails to comply with any such direction or who does any act to hinder or prevent any such direction being complied with commits an offence and shall be liable on conviction to imprisonment for a term not exceeding one month or to a fine not exceeding 1 penalty unit.
PART 5
INQUIRIES AND INQUESTS IN RESPECT OF FIRES AND EXPLOSIONS
18 Duty to report fires and explosions
(1) The Chief Officer of Police shall forthwith report to the Coroner every case in which –
(a) Any building, store of goods, stack of copra, or growing crop is destroyed or damaged by fire; or
(b) Any explosion occurs, whether or not bodily harm to any person or damage to any property is caused by or as a result of such explosion;
(c) By any fireworks bodily harm to any person or damage to any property is caused, whether or not such fireworks are discharged under a permit issued under the Fireworks Act 1958; or
(d) Any report required by subsection (2) is received by the Police.
(2) The master shall report to any constable –
(a) Forthwith, every case in which any fire or explosion occurs on board ship on or near the coast or in the roadstead of Niue;
(b) On arrival in the roadstead of Niue, every case in which any fire or explosion has occurred at sea since the ship last departed from the port of any country other than Niue and bodily harm has been caused to any person by or as a result of any such fire or explosion.
19 Inquiries by Police and Coroner
(1) In each case where section 18 applies, the Chief Officer of Police shall make such inquiries as he thinks necessary for the purposes of this Act or as may be directed by the Coroner.
(2) On receipt of any report in section 18, the Coroner may direct any such inquiries to be made as he thinks necessary.
20 When to hold inquest in respect of fires and explosions
(1) In each case where the Coroner has received a report under section 18 he shall hold an inquest if he considers an inquest to be necessary or desirable.
(2) If in the circumstances specified in section 18(2) (a) or (b) the Coroner decides not to hold an inquest he shall direct, as far as practicable, such inquiries to be made and such evidence to be taken as may assist in the holding of an inquest (if any) in any country other than Niue.
21 Purpose of inquest in respect of fires and explosions
(1) An inquest shall be held for the purpose of establishing –
(a) The cause and origin of any fire; or
(b) The cause and origin of any explosion including the mode of storage of any explosives involved in the explosion; and
(c) Any other matter in connection with the fire or explosion in respect of which the inquest is being held and which the Coroner may consider appropriate to that inquest.
(2) For the purposes of this section "explosives" includes any article of which an explosive forms part and which is capable of destructive effect by way of explosion.
PART 6
RULES OF PROCEDURE FOR INQUEST IN RESPECT OF DEATH AND INQUEST IN RESPECT OF FIRES AND EXPLOSIONS
22 Inquest before Coroner alone
All inquests shall be held before the Coroner alone.
23 Date, place, and notification of hearing
(1) The Coroner shall fix the date, time, and place of the inquest and shall give notice of it to the Chief Office of Police and such other persons as he may determine.
(2) The Coroner may adjourn any proceedings before him from time to time and from place to place as the circumstances of the case may necessitate.
(3) It shall be lawful to hold an inquest on a Sunday whenever in the opinion of the Coroner it is expedient so to do.
24 Procedure where criminal proceedings are pending
(1) If, before an inquest has been concluded, the Coroner is informed that some person has been charged with causing the death or, as the case may be, the fire or explosion in respect of which the inquest being held, and in the opinion of the Coroner the result of the charge may have a material bearing on the inquest, he shall adjourn the inquest until the criminal proceedings are terminated.
(2) For the purposes of this section "criminal proceedings" means any proceedings within the criminal jurisdiction of the High Court and criminal proceedings before the High Court shall not be deemed to be terminated until leave to appeal can no longer be granted.
(3) On the termination of the criminal proceedings –
(a) If it appears to the Coroner that not all the facts and circumstances specified in section 15 or section 21 have been established he shall resume the inquest;
(b) If it appears to the Coroner that all those facts and circumstances have been established, he may decide not to resume the inquest.
(4) If the adjourned inquest is an inquest in respect of the death of any person and the Coroner decides not to resume the inquest as aforesaid, he shall notify the Registrar of Births and Deaths of his decision and the date of it and give him all available particulars required to be registered by regulation 20 of the Births and Deaths Registration Regulations 1984.
25 Hearing in public and publication of proceedings
(1) The court or other place in which the inquest is held shall be open to the public.
(2) If the Coroner considers it desirable in the interest of decency or public order or in order to expedite the accuracy and justice of his finding, he may exclude any person from the whole or any part of the proceedings, or he may prohibit the publication of any part of the evidence given at the inquest.
26 Publication where death was self inflicted
At any inquest in respect if the death of any person –
(a) Where it appears to the Coroner that death may have been self inflicted, he may, at any stage of the inquest direct that no report, or no further report of the proceedings shall be published until he has made his finding;
(b) Where the Coroner finds that death was self inflicted, no report of the proceedings of this inquest shall, without the authority of the Coroner, be published other than the name, address, and occupation of the deceased person, and the fact that the Coroner has held an inquest and found that death was self inflicted.
27 Right of audience
The Coroner may admit any person who, in the opinion of the Coroner, has a sufficient interest in the subject or result of the inquest to attend in person or to be represented by an attorney or agent and to examine and cross-examine any witness who gives evidence at the inquest.
28 Every kind of evidence admissible
In all proceedings under this Act the Coroner may admit any kind of evidence that he considers necessary for the purpose of establishing any of the matters referred to in section 15 or section 21.
29 Examination of witnesses
(1) The Coroner shall at the inquest examine on oath every person who tenders his evidence respecting the facts in issue and all other persons whom he thinks it expedient to examine and any person may be so examined whether or not he has been summoned to attend as a witness.
(2) The oath administered to any person so examined shall be in the form numbered 1 in the Schedule.
(3) (a) If no person admitted to examine and cross-examine witnesses under section 27 objects, the Coroner may permit any witness to give the whole or any part of his evidence by tendering a previously prepared statement in writing and confirming the same on oath.
(b) A witness may be cross-examined on his evidence in any such statement as if he had given that evidence orally at the inquest.
(4) The Coroner may direct that all or any witnesses other than the witness under examination shall leave the place of hearing and remain outside until called upon to give evidence at the inquest.
(5) The Coroner shall cause the evidence admitted by him at the inquest to be put into writing and every evidence so put into writing or given in a previously prepared statement in writing shall be read over to and signed by the witness and by the Coroner.
30 Protection of witnesses
Every witness attending and giving evidence at any inquest shall have the same privileges and immunities as witnesses in the Court.
31 Fees for witnesses
Such reasonable amount in respect of expenses and loss of time as the Coroner deems fit to award shall be paid to any witness giving evidence at any inquiry or inquest.
32 Default of witness and unauthorised publication
(1) Every witness on whom a summons is duly served requesting him to attend at the inquest, who fails without sufficient excuse to appear or to produce any document which he is so required to produce, and any person, whether summoned to attend or not, who, being at the hearing and being required to give evidence or to produce any document then in his possession refuses, without sufficient excuse, to be sworn or to give evidence or to produce that document, commits an offence and shall be liable on conviction to a fine not exceeding 0.5 penalty units.
(2) Every person who publishes –
(a) A report of any proceeding in contravention of this Act; or
(b) Any question at any inquest which the Coroner –
(i) has forbidden or disallowed; or
(ii) has warned the witness he is not obliged to answer, and has ordered shall not be published;
commits an offence and shall be liable on conviction to a fine not exceeding 0.5 penalty units.
33 Inquest may be completed by another Coroner
Where a Coroner has commenced an inquest and dies or is incapacitated by illness, absence, or other sufficient cause from completing
the inquest, the inquest may be completed by another Coroner who may act upon any evidence already given at the inquest in all respects
as if it were given before him.
Inquest Act 1964
34 Finding
(1) After considering all the evidence before him at the inquest the Coroner shall give his finding and shall sign a certificate in the form numbered 2A or 2B (as the case may be) in the Schedule.
(2) Certified copies of every certificate shall be forwarded to Cabinet and if the finding is given at the conclusion of an inquest in respect of the death of any person, also to the Registrar of Births and Deaths.
35 Inquest may be reopened
(1) Where an inquest has been concluded and it is shown to the satisfaction of the Coroner that material evidence has been discovered which was not known or tendered at the inquest, or that the finding was based on any false or misleading evidence, or that the finding was defective or erroneous for any other reason, he may reopen the inquest and accept any part of the evidence given at the original inquest which appears to him correct, and conduct such further inquiries as may appear to him necessary.
(2) At the conclusion of the reopened inquest the Coroner shall give his finding as provided in section 34 and any such finding shall for all purposes replace the finding previously given.
36 Procedure so far as not prescribed
Subject to this Act the practice and procedure of the Coroner in the exercise of his functions and powers shall be such as he thinks in each case to be most consistent with natural justice and convenience.
PART 7
GENERAL
37 Mortuaries
Cabinet shall establish and maintain such places as may be necessary for the reception of dead bodies pending removal for burial or postmortem examination and shall provide facilities for carrying out in such places post mortem examinations under this Act.
38 Power of Medical Officer to enter
Every Medical Officer shall have power to enter any dwelling, building, premises, land, ship or any other place and execute in it any duties imposed on him by or under this Act.
39 Duty of Police to assist
It shall be the duty –
(a) Of the Chief of Police to assist at all inquests, inquiries, and investigations held or made by the Coroner;
(b) Of every constable to give every Medical Officer any assistance he may require in the execution of his duties under this Act and, when requested, to accompany him to any such places the Medical Officer may wish to enter as provided in section 38.
40 Forms
Save as provided in this Act all documents required or authorised in the exercise of any power, function, or duty under this Act may be in such form as the Coroner deems sufficient.
41 Contempt
(1) Section 101 of the Niue Act 1966 shall, with all necessary modifications, apply to any proceedings of or before the Coroner under this Act as if such proceedings were proceedings of or before the Court.
(2) Every person who commits an offence under subsection (1) shall be liable to imprisonment for a term not exceeding 6 months or a fine not exceeding 1 penalty unit as provided in this section.
(3) The offence of contempt shall be punishable either –
(a) By the Court in the ordinary course of the criminal jurisdiction of that Court; or
(b) Under subsections (4) and (5).
(4) If the contempt is committed in the presence or hearing of the Coroner, the Coroner then and there holding an inquest may, without order or warrant, direct any constable or other person to arrest the person so guilty of contempt and bring him before the Coroner.
(5) The Coroner may thereupon, after giving the person so arrested a reasonable opportunity of being heard in his defence, either order him to pay a fine not exceeding 1 penalty unit or commit him to prison for any period not exceeding 6 months.
(6) A person imprisoned for contempt or for default in payment of a fine imposed upon him for contempt, may be at any time discharged by order of the Coroner and any fine so imposed may be at any time remitted in whole or in part in the same manner.
42 Offences
(1) Every person commits an offence who –
(a) Fails to comply with any direction given to him by the Coroner or any Medical Officer under this Act; or
(b) Fails to comply with any duty or obligation imposed on him by this Act; or
(c) Wilfully obstructs, hinders, or resists any person in the exercise or execution of any power, duty, or function conferred or imposed on such person by this Act; or
(d) Deceives or attempts to deceive any such person as aforesaid; or
(e) Does or omits, or causes or knowingly permits or suffers to be done or omitted, any act, matter, or thing contrary to this Act; or
(f) Wilfully makes any false or misleading statement or any material omission in any information or report to the Police or any Medical Officer.
(2) Every person who commits an offence against this Act for which no penalty is provided in this Act elsewhere than in this section or in the Niue Act 1966, is liable to a fine not exceeding 0.5 penalty units.
(3) Where the provisions of this Act impose on 2 or more persons the duty to report one and the same occurrence to the Police, each of such persons shall be responsible for making the report as required.
(4) If any of the persons being so responsible furnishes the required report the other person or persons shall not be guilty of the offence of failing to comply with any duty or obligation imposed on him by this Act.
43 [Spent]
44. Application of fines
All fines paid under this Act shall form part of the public revenues of Niue and shall be paid into the appropriate account.
––––––––––––––––––––
SCHEDULE
Form No. 1
Oath of Witness
Do you swear by Almighty God that the evidence which you shall give at this inquest in respect of the death of .................................................................................................
the disappearance at sea of ..............................................................................................
the fire at ..........................................................................................................................
the explosion at ................................................................................................................
shall be the truth, the whole truth and nothing but the truth.
––––––––––––––
Form No 2A (Death)
I ...................................................................... Coroner hereby certify that at an inquest
concluded on the ............................ day of .......................................................20..........
at ...................................................................... having inquired when, where and how
................................................... came to his death
......................... came to disappear at sea
I found .............................................................................................................................
Dated at ..................................... this ...................... day of ....................... 20 ................
.......................................................................................
Coroner
Form No 2B (Fire or Explosion)
Finding of Coroner
I ..................................... Coroner hereby certify that an inquest concluded on the ........
........................... day of ............................................................... 20 .................... at...,
having inquired into the cause and origin of the fire at ..............................
the explosion at ...............................................................................................................
I found .............................................................................................................................
Dated at ..................................... this ...................... day of ....................... 20 ................
................................................................................
Coroner
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