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Niue Sessional Legislation |
NIUE ISLAND
NIUE ISLAND INQUEST ORDINANCE 1964
Ordinance 23 of 1964 - 1 December 1964
ANALYSIS
Title
PART I - PRELIMINARY
1. Short Title and Commencement
2. Arrangement of Ordinance
3. Interpretation
PART II - THE CORONER
4. Office of Coroner established
5. Functions of Coroner
6. Powers of Coroner and duties of Registrar
PART III - REPORTS AND INQUIRIES INTO DEATH
7. Duty to report death to Coroner
8. Inquiries by Police and Coroner
9. Medical Report
10. Post mortem examination during inquiries
11. Burial and exhumation
12. Duty to report death on board ship
PART IV - 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. Post mortem examination during Inquest
PART V - INQUIRIES AND INQUEST IN RESPECT OF FIRES 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 VI - 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 end 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 publication
33. Inquest may be completed by another Coroner
34. Finding
35. Inquest may be reopened
36. Procedure so far as not prescribed
PART VII - GENERAL
37. Mortuaries
38. Power of Medical Officer to enter
39. Duty of Police to assist
40. Forms
41. Contempt
42. Offences (General)
43. Repeals and Savings
44. Application of fines
Schedule
-------------------------
An Ordinance to provide for inquiries into the manner of death of any person and into the cause and origin of fires and explosions (17 November 1964).
1. Short Title and Commencement - (1) This Ordinance may be cited as the Niue Island Inquest Ordinance 1964.
(2) This Ordinance shall come into force on the first day of December 1964:
Provided that the provisions of this Ordinance shall apply when the event which requires to be reported to the police or to the Coroner, had occurred before the date of the coming into force of this Ordinance but had not been known or had not been so reported before that date.
2. Arrangement of Ordinance - This Ordinance is arranged as follows:
Part I - Preliminary. (Sections 1 to 3.)
Part II - The Coroner. (Sections 4 to 6.)
Part III - Reports and Inquiries into Death. (Sections 7 to 12.)
Part IV - Inquest in respect of Death. (Sections 13 to 17.)
Part V - Inquiries and Inquest in respect of Fires and Explosions. (Sections18 to 21.)
Part VI - Rules of Procedure for Inquest in respect of Death and Inquest in respect of Fires and Explosions (Sections 22 to 36.)
Part VII - General. (Sections 37 to 44.)
[This section has been revised. References to introductory notes have now been included in the Analysis.]
3. Interpretation - In this Ordinance, unless the context otherwise requires:
(a)"High Court" means the [High Court of Niue]:
"Isolation station" means an isolation station appointed pursuant to the provisions of the Niue Island Public Health Ordinance 1964;
"Judge" means a Judge of the High Court ordinarily residing and executing his office in the Island of Niue and includes any person acting as a Judge pursuant to (section 59 of the Niue Act 1966);
"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, pursuant to the provisions of [Part XXVII 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;
(b) Subject to the provisions of paragraph (a) of this section, terms defined in the [Niue Act 1966 have the meaning so defined.]
[The words in square brackets in paragraph (a) have been substituted to correspond with the terms used in the Niue Act 1966 which replaced the Cook Islands Act 1915.
The Niue Act 1966, being the corresponding enactment in force at the date of this reprint, has been substituted in paragraph (b) for the Cook Islands Act 1915 and the Cook Islands Amendment Act 1957.]
PART II - THE CORONER
4. Office of Coroner established - (1) Every person holding office as Judge, or Commissioner of the High Court, or Judge of the [Land Court] or any two 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 Ordinance.
(2) The Judge, when present, may execute the functions of Coroner or may at any time request a Judge of the [Land Court] or a Commissioner of the High Court to execute any of the functions of a Coroner.
(3) Unless so requested:
(a) A Judge of the [Land Court] shall not execute the functions of a Coroner when the Judge is present;
(b) A Commissioner of the High Court shall not execute the functions of Coroner when either the Judge or a Judge of the [Land Court] is present.
(4) Every person being a Coroner and executing functions of a Coroner pursuant to any provisions of this section shall be deemed to be "the Coroner" within the meaning of this Ordinance.
[The words "Land Court" in square brackets have been substituted for the words "Native Land Court" to correspond with the term used in the Niue Act 1966.]
[Amended 2/13/1975]
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 the provisions of this Ordinance.
6. Powers of Coroner and duties of Registrar - (1) For the purposes of discharging his functions the Coroner shall, in addition to any particular power conferred on him by the provisions of any Part of this Ordinance, have and may exercise and invoke all the powers, privileges, authorities, and immunities which are possessed by a Judge in his ordinary jurisdiction under the (Niue Act 1966), including the power to punish for Contempt of the High Court as provided in section 41 of this Ordinance.
(2) Every order, direction, determination or decision given or made by the Coroner pursuant to this Ordinance 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 from time to time direct.
[The Niue Act 1966, being the corresponding enactment in force at the date of this reprint, has been substituted for the Cook Islands Act 1915.]
PART III - REPORTS AND INQUIRIES INTO DEATH
7. Duty to report death to Coroner - (1) Every Medical Officer, every officer of police, and the officer in charge of any prison or isolation station shall forthwith report to the Coroner the death of any person who, while behind 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 sub-section (1) of section 12 of this Ordinance (Lose of Life on or from any Ship).
(2) Where a person (not being a person held in custody as aforesaid) 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 an unnatural death, every Medical Officer and every officer of police 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 officer of police who thereupon shall report the death to the Coroner.
8. Inquiries by Police and Coroner - (1) In each case where the provisions of section 7 of this ordinance apply, the Chief Officer of Police shall make such inquiries as he thinks necessary for the purposes of this Ordinance or as may be directed by the Coroner.
(2) On receipt of any report pursuant to section 7 of this Ordinance, 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 Chief Medical Officer or any member of the Chief Medical officer'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. Post mortem 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 subsection (1) of section 7 of this Ordinance) has died a sudden death of which the cause is unknown, he may authorise and request the Chief Medical Officer to carry out a post mortem examination of the body and to report the result thereof to him in writing.
(2) If the Coroner, on receipt of any such report or of a report pursuant to section 9 of this Ordinance, or as a result of inquiries made under section 8 of this Ordinance 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 any 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 to be exhumed for the purpose of an inquiry or inquest being held or to be held under this Ordinance.
(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 Ordinance or the burial of any body exhumed pursuant to 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 against this Ordinance and shall be liable on conviction to imprisonment for a term no exceeding one month or to a fine not exceeding fifty pounds (₤50).
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) The provisions of subsection (1) of this section shall apply where a person disappears on or from any ship and the provisions of this Ordinance shall be read subject to the provisions of 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 the provisions of subsection (1) of section 7 of this Ordinance (Duty to report death of person held in custody) to report the same occurrence.
(4) Every report required under this section shall be made by the master to any officer of police in Niue who shall report the death to the Coroner and thereupon the provisions of this Part of this Ordinance shall, so far as applicable, apply with all necessary modifications.
PART IV - 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 an officer of police 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 an 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 subsection (2) of section 8 of this Ordinance (Inquiries by Coroner), section 9 (Medical Report), or section 10 (Post Mortem Examination during inquiries), or has so proceeded and, in the circumstances specified in subsection (2) of section 10 of this Ordinance, 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 paragraph (a) of subsection (1) of section 12 of this Ordinance (Loss of Life on or from ship near Niue) and either the ship is still on or near the coast or in the roadstead of Niue, or any witness is found in Niue.
14. Holding of Inquest Permissive - (1) In each case where the Coroner has received a report pursuant to the provisions of Part III of this Ordinance (Reports and Inquiries into Death) and where the holding of an inquest is not required by any of the provisions of section 13 of this Ordinance, the Coroner shall hold an inquest if he considers an inquest to be necessary or desirable.
(2) If in the circumstances specified in paragraph (b) of subsection (1) of section 12 of this Ordinance (Loss of Life on or from any ship at sea) 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 or island 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 Ordinance 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:
Provided that 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 Ordinance and the provisions of this Ordinance shall, so far as applicable, apply to any such inquest subject to all necessary modifications.
17. Post mortem examination during Inquest - (1) At any time before the conclusion of an inquest, the Coroner may authorise and direct the Chief Medical Officer to carry out a post mortem 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 post mortem 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 Revenues of Niue.
(3) For the purposes of this section and subsection (1) of section 10 of this Ordinance (Post Mortem Examination during Inquiries) the Coroner may give such directions as he thinks fit as to the disposal or removal of the body or any part thereof 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 against this Ordinance and shall be liable on conviction to imprisonment for a term not exceeding one month or to a fine not exceeding fifty pounds (£50).
PART V - INQUIRIES AND INQUEST 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; or
(c) By any fireworks bodily harm to any person or damage to any property is caused, whether or not such fireworks are discharged pursuant to a permit issued under the Niue Island Fireworks Ordinance 1958; or
(d) Any report required by subsection (2) of this section is received by the Police.
(2) The master shall report to any officer of police:
(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 or island 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 the provisions of section 18 of this Ordinance apply, the Chief Officer of Police shall make such inquiries as he thinks necessary for the purposes of this Ordinance or as may be directed by the Coroner.
(2) On receipt of any report pursuant to section 18 of this Ordinance, 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 pursuant to the provisions of section 18 of this Ordinance he shall hold an inquest if he considers an inquest to be necessary or desirable.
(2) If in the circumstances specified in paragraph (a) or (b) or subsection (2) of section 18 (Fire and Explosion on Board ship) 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 or Island 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 the term "Explosives" includes any article of which an explosive forms part and which is capable of destructive effect by way of explosion.
PART IV - 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 thereof to the Chief Officer 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 to 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 to 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 the term "criminal proceedings" means any proceedings within the criminal jurisdiction of the High Court and the Supreme Court as Court of Appeal and criminal proceedings before the High Court shall not be deemed to be terminated until leave to appeal pursuant to (section 112 of the Niue Act 1966) 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 of this Ordinance (Purpose of Inquest) 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 to 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 the provisions of regulation 17 of the Cook Islands Births and Deaths Registration Regulations 1962.
[In subsection (2), section 112 of the Niue Act 1966, being the corresponding enactment in force at the date of this reprint, has been substituted for section 158 of the Cook Islands Act 1915.]
25. Hearing in Public and publication of proceedings - The Court or other place in which the inquest is held shall be open to the public:
Provided that 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 of 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 the 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 Ordinance 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 of this Ordinance.
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 No. 1 in the Schedule to this Ordinance.
(3) If no person admitted to examine and cross-examine witnesses pursuant to section 27 of this Ordinance (Right of Audience) 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:
Provided that 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 High 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 serve 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 against this Ordinance and shall be liable on conviction to a fine not exceeding twenty pounds (£20).
(2) Every person who publishes:
(a) A report of any proceedings in contravention of this Ordinance; or
(b) Any question at any inquest which the Coroner:
(i) Has forbidden or disallowed; or
(ii) Has warned the witness he to not obliged to answer, and has ordered shall not be published, -
commits an offence against this Ordinance and shall be liable on conviction to a fine not exceeding twenty pounds (£20).
33. Inquest may be completed by another Coroner - Where a Coroner has commence 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.
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 No. 2A or 2B (as the case may be) in the Schedule to this Ordinance.
(2) Certified copies of every certificate shall be forwarded to the office of the Resident Commissioner 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 well 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 of this Ordinance and any such finding shall for all purposes replace the finding previously given.
36. Procedure so far as not prescribed - Subject to the provisions of this Ordinance 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 VII - GENERAL
37. Mortuaries - The Resident Commissioner shall establish and maintain such places as may be necessary for the reception of dead bodies pending removal for burial or post mortem examination and shall provide facilities for carrying out in such places post mortem examinations under this Ordinance.
38. Power of Medical Officer to enter - Every Medical officer shall have power o enter any dwelling, building, premises, land, ship or any other place and execute therein any duties imposed on him by or pursuant to the provisions of this Ordinance.
39. Duty of Police to assist - It shall be the duty:
(a) of the Chief Officer of Police to assist at all inquests, inquiries and investigations held or made by the Coroner;
(b) of every officer of police to give every Medical Officer any assistance he may require in the execution of his duties under this Ordinance and, when requested, to accompany him to any such place as the Medical Officer may wish to enter as provided in section 38 of this Ordinance.
40. Forms - Save as provided in this Ordinance all documents required or authorised in the exercise of any power, function, or duty under this Ordinance may be in such form as the Coroner deems sufficient.
41. Contempt - (1) The provisions of [section 101 of the Niue Act 1966], "Contempt of Court defined", shall with all necessary modifications, apply to any proceedings of or before the Coroner under this Ordinance as if such proceedings were proceedings of or before the High Court.
(2) Every person who commits an offence under sub-section (1) of this section shall be liable to imprisonment for a term not exceeding six months or a fine not exceeding fifty pounds (£50) as provided in this section.
(3) The offence of contempt shall be punishable either:
(a) By the High Court in the ordinary course of the criminal jurisdiction of that Court; or
(b) In accordance with the provisions of sub-section (4) and (5) of this section.
(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 to 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 fifty pounds (£50) or commit him to prison for any period not exceeding six 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.
[In subsection (1) section 101 of the Niue Act 1966, being the corresponding enactment in force at date of reprint, has been substituted for section 148 of the Cook Islands Act 1915.]
42. Offences (General) - (1) Every person commits an offence against this Ordinance who:
(a) Fails to comply with any direction given to him by the Coroner or any Medical Officer pursuant to the provisions of this Ordinance; or
(b) Fails to comply with any duty or obligation imposed on him by the provisions of this Ordinance; 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 Ordinance; 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 the provisions of this Ordinance; 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 Ordinance for which no penalty is provided in this Ordinance elsewhere than in this section or in the [Niue Act 1966], is liable to a fine not exceeding ten pounds (£10).
(3) Where the provisions of this Ordinance impose on two 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:
Provided that 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 the provisions of this Ordinance.
[In subsection (2) the Niue Act 1966. being the corresponding enactment in force at the date of reprint, has been substituted for the Cook Islands Act 1915.]
43. Repeals and Savings - (1) On the coming into force of this Ordinance and the Regulations relating to the Holding of Inquests in the Cook Islands made on 12 February 1923 and published in the New Zealand Gazette No. 16, 15 February 1923, page 519, shall cease to have any force or effect in Niue.
(2) Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that:
(a) All matters, things, and proceedings which have been commenced under the Regulations specified in subsection (1) of this section and which are pending or in progress on the coming into force of this Ordinance, may be continued and completed under this Ordinance;
(b) All orders, findings, registers, records, instruments, and generally all acts of authority originated under those Regulations and subsisting or in force at the coming into force of this Ordinance, shall ensure for the purposes of this Ordinance as fully and effectually as if they had originated under this Ordinance and accordingly shall, where necessary, be deemed to have so originated.
44. Application of Fines - All fines paid pursuant to the provisions of this Ordinance shall form part of the public revenues of Niue and shall be paid into the appropriate account thereof.
__________
SCHEDULE
Section 29(2)
Form No. 1
Oath of Witness
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.
Section 34
Form No. 2A (Death)
Finding of Coroner
Niue )
To Wit)
I ........................... Coroner hereby certify that at an inquest concluded on the ............ day of ......... 19..., at .........
*having inquired when, where and how..................... came to his death
came to disappear at sea,
I found ............................................................................................
Dated at ..................... this .........day of ............... 19...
................
Coroner
Section 34
Form No. 2B (Fire or Explosion)
Finding of Coroner
Niue )
To Wit)
I .............. Coroner hereby certify that an inquest concluded on the ............. day of .......... 19...., at ......*, having
inquired into the cause and origin of the fire at ................... the explosion at
I found ..........................................................................................
Dated at .................. this ........day of ................ 19...
..............
Coroner
*Insert Courthouse or other building or place in which inquest was held
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URL: http://www.paclii.org/nu/legis/num_act/niio1964270