The New Zealand Herald

Better access to bodies for grieving kin

Law means coroners must weigh cultural feelings when deciding contact with dead

- Lucy Bennett

Apolitics new law will require coroners to consider the cultures of grieving families when deciding whether to let whanau touch or stay with the bodies of their loved ones.

At present the Coroners Act does not require coroners to take tikanga Maori and cultures into considerat­ion when considerin­g requests from family to touch or remain with the tupapaku (deceased body).

In practice, coroners do use their discretion when considerin­g such requests. But after families raised concerns during a Maori affairs select committee inquiry into support for grieving whanau, a bill that makes it a requiremen­t to consider tikanga Maori and other cultures is being introduced to Parliament.

The Coroners (Access to Body of Dead Person) Amendment Bill implements a recommenda­tion of the select committee by amending section 26 of the Coroners Act 2006 to make cultural considerat­ions a requiremen­t.

In its report on the Inquiry into Whanau Access to and Management of Tupapaku, the committee said it considered the lack of communicat­ion between agencies and whanau the biggest barrier to whanau accessing and managing tupapaku (dead people).

“We received many submission­s from affected whanau highlighti­ng the grief, anger and frustratio­n they felt because the process was not communicat­ed properly or appropriat­ely.”

In its response to the inquiry, the Government agreed that cultural considerat­ions were important at what was a difficult time for whanau and that was reflected in current settings of the coronial system.

“However, there are opportunit­ies to improve the responsive­ness of the coronial system to cultural considerat­ions.” Select committee report

The Ministry of Justice will also consider whether a code of best practice that balances cultural considerat­ions with the public interest in finding the cause of death should be developed, as well as leading work to review whether communicat­ions between first responders such as police and whanau can be improved.

The ministry is securing new contracts for the delivery of coronial services to ensure national consistenc­y.

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