B.08.01.R1 Agency Responsibility

Agency responsibility

The Commissioner of the New Zealand Police (NZ Police) is responsible for:

• Notifying the nominated contact person or the deceased's next of kin.
• Investigating the incident scene and clearing it for access including the eventual removal of the deceased's body.
• Liaising with the Department of Corrections and the Coroner's office as required.

The Department of Corrections is responsible for:

• Making every effort to maintain the life prior to confirmation that the prisoner is dead by a registered nurse, attending ambulance staff or a certified medical practitioner, unless there are obvious signs that the prisoner has been dead for some time and that attempts to resuscitate would be futile.
• Calling on emergency medical services.
• Notifying the Police, a Visiting Justice, the Coroner, Ombudsmen's Office, Inspector of Corrections, Prison Chaplain and a Cultural Adviser immediately following confirmation of the death of a prisoner by a registered medical practitioner.
• Notifying the Department of Labour, if the death occurs in a workplace situation.
• Advising the appropriate foreign consulate or embassy, if the deceased held non-New Zealand citizenship.
• Notifying the victim in writing within 72 hours of the death, if the deceased has a victim on the Victim Notification Register.
• Notifying the Commanding Officer, if the deceased was a military service prisoner.
• Arranging for appropriate cultural and / or religious rites to be carried out in consultation with the prison chaplain and cultural adviser.
• Remove the deceased from the prison's muster within 24 hours of the body being removed from the site.
• Safeguarding the deceased's personal property until releasing it to the next of kin.
• Providing the nominated contact person or the next of kin with a copy of the PS booklet "Death in Custody".
• Investigating the circumstances of death (Inspector of Corrections' responsibility)
• Liaising with the Office of the Ombudsmen (Inspector of Corrections' responsibility).

The Ombudsman:

Monitors Inspector of Corrections' investigations, and may, after conferring with the Chief Executive, Department of Corrections, decide to initiate an investigation of his / her own initiative.

The Coroner:

• Investigates the circumstances of the death.
• Interviews prison staff as required.
• Pronounces the cause of death following investigation.

The Department of Labour (OSH):

• Investigates accidental work-related deaths.

See Related Links for Flow Diagram: Prisoner Death Management.