Coroners (Access to Body of Dead Person) Amendment Bill

I move, That the Coroners (Access to Body of Dead Person) Amendment Bill be now read a second time.

I’d firstly like to thank the Māori Affairs Committee for its work in examining this bill through the select committee stage and to recognise the committee as the impetus for this bill through its 2016 report Inquiry into whānau access to and Management of tūpāpaku. This bill implements the recommendation from the report that requires legislative change.

I’d also like to thank everyone who submitted on the bill for their feedback. It’s always a valuable part of the development of legislation to hear from the public about their views, and I’m pleased that, generally, the submitters were supportive of the bill’s objective.

The Coroners Act 2006 regulates the coronial system in New Zealand. The role of the coroner is to investigate sudden or unexplained deaths and to make recommendations that can help reduce the chance of further deaths in similar circumstances. The Act’s core purposes are to help prevent deaths and to promote justice. To achieve these purposes, the Act states that it recognises the cultural and spiritual needs of family and others close to the person who has died.

The loss of a loved one is an incredibly difficult time for all involved. Of the estimated 31,000 deaths in New Zealand each year, 20 percent are referred to the coroner. While the Coroners Act 2006 currently responds well to the cultural needs of whānau and family during the coronial processes, the report by the Māori Affairs Committee identified that there was an opportunity to improve the coronial system so that it can better meet the needs of our culturally diverse society, and this is why this bill has been brought before the House.

The Coroners (Access to Body of Dead Person) Amendment Bill will ensure that all cultural beliefs, including tikanga Māori, will be recognised and supported in our coronial system. I understand that this already happens in practice and is included in guidance for coroners. However, it’s not a legislative requirement. This bill will ensure that cultural beliefs are explicitly taken into account as a matter of course. The bill amends section 26 of the Coroners Act to explicitly require the coroner to consider tikanga Māori and the expectations of other cultures when determining who can view, touch, or remain near a body.

I’d like to reaffirm that this bill does not seek to change the current practice of coroners. The work they do is very important to society, and it is always performed to a high standard. What the bill does is ensure that this practice of taking cultural considerations into account is more visible and concrete for those who are dealing with what will usually be quite unimaginable loss.

I note there has been some attention surrounding the new contracts for pathology services across New Zealand, and, in particular, there was concern that services available to whānau during the death of an individual would be reduced and that it would result in fewer opportunities for coroners to respond to the cultural needs of loved ones. The Ministry of Justice is engaging with local iwi and communities on the impact of the new contracts. Overall, the new contracts mean people across New Zealand should see improved hours of access to their deceased and the ability to stay close prior to a post-mortem. These new contracts for pathology services do not conflict with the purpose of the bill or the ability to implement it.

I know from engagement in at least one or two communities where mortuaries have been either closed or about to be closed that there is the possibility that whānau may have to travel reasonably long distances to stay with the tūpāpaku. That is an issue that is being addressed by district health boards, who are in the position of deciding what they do with their mortuaries. So those issues are under active consideration, I know, by many in the community, and I am sure that we will achieve a good resolution of it so that the spirit of this bill can be truly brought to bear.

I am pleased that this bill was widely supported in its first reading and that the benefits of this bill were recognised. I hope this support continues at this stage, and I commend this bill to the House.

Thank you, Madam Assistant Speaker. I’m privileged to stand to speak in the second reading of the Coroners (Access to Body of Dead Person) Amendment Bill. Just a little bit of history: I was on the Māori Affairs Committee in the 51st Parliament when Metiria Turei brought this kaupapa to the select committee. Her stories around why she was bringing it were quite riveting for us. For some of us, we had experienced some of the issues around access to our tūpāpaku that were good experiences, and we had whānau that had had bad experiences. So I guess what this bill is doing is actually responding to the needs of Māori whānau and the way that they look after and care for—and I’m not saying “treat”. I’m saying they look after and care for and love their tūpāpaku right to the end—to the day that they are buried. Therefore, I think that what this bill is doing, as the Minister has said, is taking into account tikanga for Māori around the care of their tūpāpaku.

The submissions that came in from the submitters did raise a few questions. However, we were able to work through that as a committee, and I’m really pleased that we all got behind this and we had cross-party support for it.

As Māori, we treat tūpāpaku as a living person as well. We love them and look after them all the way to their final resting place. I’ve had, as I said, a good experience of this, but other people have not. I have known whānau that have been locked out of mortuaries and have had to sit outside and wait. I have heard from whānau who have had issues with coronial services in their areas over access and being able to give their tūpāpaku—their loved one—their farewell kiss and being able to hold their hand. However, once we get through that process and we’re able to care for our tūpāpaku, then we can do that.

I just want to reflect on a personal experience that I had and the way that we were treated as a whānau. Back in 1996, my father passed away. He had cancer. The coronial services that dealt with him were just very, very good. Within no time, we had our father back with us, and we were able to deal with him and able to dress him and do the final rites as a family—able to look after him to his burial day. I think that with this bill and the way that it’s being set out, a whole lot of that, I suppose, raruraru that they talk about with some whānau will actually be placed over to one side, and they will be able to continue on with their tikanga process of the treatment, or the loving, of their loved one.

So, it was an interesting time. At times it was sad, listening to some of the stories. For some of us it brought a lot of memories back for the way that we have with our tikanga process. It was mixed feelings of sadness and happiness all the way through. So, without any further ado, I just want to thank our select committee, with our new chair, Rino, for being able to shepherd this bill through the process to where we’ve got it today. There is really not much more that I can talk about and add to what the Minister has put in his contribution. So therefore I am humbled and honoured to be able to support this bill through to the second stage. Thank you.

Thank you. I just wanted to remind the member, when referring to other members, to use their proper names. Thank you.

It, again, gives me great pleasure to speak to this bill. This sort of takes me back to a time before I came to this House, when I spent some time in the New Zealand Police. One thing you do learn as a young police officer is that you deal with death—deal with sudden deaths. I remember many times through my career where there was dispute, particularly over the custody of bodies of the deceased. It’s one of those abiding memories that there’s always a lot of grief around these situations and, adding to it, much of the tikanga. So it is actually, I think, very apt that we now ensure that in legislation these matters are covered, because so often the problem was, when we tried to deal with these issues, that there were actually no protocols; there were actually no guidelines for this—

I apologise to the member. The time has come for me to leave the Chair.

Debate interrupted.

The House adjourned at 6 p.m.