High Court Wellington
23 September; 8 October 1993
Barker ACJ
23 September; 8 October 1993
Barker ACJ
Practice and procedure — Bias — Coroner with prior knowledge of deceased — Whether prior knowledge a "personal interest in subject-matter of inquest" - Whether coroner should have disqualified herself from sitting — Coroner identifying body — Coroner giving to herself evidence of identification — Whether such action an "irregularity of proceedings" sufficient for a new inquest to be ordered — Coroners Act 1988, ss 22(2)(a), 40(3)(b)(i).
Administrative law — Tribunals and boards — Coroners — Application to High Court for order for new inquest — Observation on scheme of Coroners Act 1988 and nature of coroner's inquest — Observation as to whether coroner should abide decision of Court or take an active part in proceedings as a party.
Coroner — Inquest — Appropriate standard of proof in cases of suicide.
Coroner — Inquest — Persons entitled to be notified of inquest — Father and guardian of deceased's daughters not notified — Daughters "immediate relatives" of deceased — Observations as to whether father should have been notified — Coroners Act 1988, s 23.
Evidence — Hearsay — Observations on the unsatisfactory nature of double hearsay evidence before a coroner's inquest — Evidence inadmissible in a Court of law admissible at the coroner's inquest — Coroners Act 1988, s 26(5).
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