Legality of outsourcing coroners' findings questioned

Thursday, 10 December 2015

A leading inquest lawyer has questioned the legality of outsourcing death investigations and says more than 100 coroners' findings could be open to challenge.

It was revealed on Sunday that chief coroner Deborah Marshall had contracted her old law firm, Meredith Connell, to draw up coronial findings in 116 cases in an effort to reduce a backlog.

The total cost of the outsourcing was $68,000, or $587 per file. Coronial services staff and families criticised the move, saying the work should have been carried out by experienced coroners.

A coronial services source said the 116 cases were from three or four coroners around the country. There had not been any formal contract for the outsourcing and no letter setting out terms of work or confidentiality, the source said. Junior lawyers did the work.

Meredith Connell did not respond to requests for comment.

Heather Baggott, general manager of special jurisdictions at the Ministry of Justice, said it was a short-term initiative and in all cases a coroner directed the content of the draft findings, reviewed them and made any necessary amendments before signing off.

Each case was 'on papers' only and did not proceed to a full inquest.

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Coroners regularly used outside legal counsel to provide specialist advice, Baggott said.  

But Auckland lawyer Moira Macnab, who has acted for families in some of New Zealand's biggest coronial inquests, said she was 'really surprised' by the outsourcing.

She was concerned the move was 'ultra vires' - beyond one's legal power - as there was nothing in the Coroners Act saying coroners could delegate their role to a law firm.

'I think it's stretching the meaning of a specialist report.'

Macnab said the Act allowed for the appointment of temporary coroners, and that's what should have happened.

'The whole ambit of the Act is independence…families knowing someone independent is looking at it and if there's an area of concern [the coroner] may decide this does need to go to a full hearing.'

She questioned if Meredith Connell had a conflict of interest as it represented health boards and police at inquests.

'If you've lost a loved one, you don't want your coroner currently working in a firm that's also acting for a hospital board where the person died.'

Macnab believed the cases in question could now be open to a legal challenge.

'If somebody's not happy with the findings it would be interesting. There are several steps you could take, you could ask them to revisit it, because a coroner can reopen investigations. Alternatively it may be open to a judicial review.'

Do you have any concerns about a coroner's finding? Email tony.wall@fairfaxmedia.co.nz