Guidance
Being a witness at Coroners Court
It’s important we are prepared if we are called to be a witness in a coronial inquest. Legal Services and National Support Services are available to support throughout the process.About the Coroners Court
Sometimes, deaths are reported to the coroner.
A coroner may hold an inquiry to find out more about who the person was, and where, when and how they died. Inquiries help coroners make recommendations or comments that might prevent a similar death happening in the future.
The coronial process is inquisitorial and does not aim to determine civil, criminal or disciplinary liability. However, coronial proceedings are highly emotive and can be challenging to be a part of.
If we are attending the Coroners Court
If tamariki or rangatahi we are working with (or recently worked with) die unexpectedly or in suspicious circumstances, the death will be referred to the coroner who may then hold an inquiry into the death that may lead to an inquest (similar to a hearing).
The purpose of an inquest is to:
- look at the circumstances surrounding a death
- make recommendations that may reduce further deaths in similar circumstances.
The coroner can call on evidence from Police, pathologists, whānau or family, lay people or any other person they want to examine. For example, a coroner could ask:
- a social worker to give evidence about their involvement with te tamaiti or rangatahi
- a practice leader to give evidence about our practice standards and policies.
If we are called to give evidence, we will be supported by our Operational Issues Team and Legal Team.
They will:
- talk about the issues the coroner is investigating
- outline the areas of practice or policy the coroner would like to hear about
- help and support us to prepare a brief of evidence and throughout the inquest process.
The Professional Practice Group can also provide support (usually in written form) for submissions.
A lawyer will be at the inquest to help us and take us through our evidence
Inquiry
There has to be an inquiry if the person appears to have died from unexplained, violent or suspicious circumstances.
There has to be an inquiry if the person who died was:
- in police custody
- in prison
- in an Oranga Tamariki - Ministry for Children home/residence
- in foster care or if they were a ward of state
- under a mental health compulsory treatment order
- in an institute for alcoholism or drug use
- intellectually disabled and in compulsory care or rehabilitation.
During the inquiry phase the coroner gathers information to assist them, including reports from agencies and witness statements.
Hearings
Once the coroner is satisfied that they have the information they need, the coroner decides whether the inquiry will continue to either a hearing ‘on the papers’ or in court.
Hearing on the papers
The coroner reviews all evidence in their office (chambers) and makes a finding. This process is not public, and family, whānau, or other parties do not attend.
Hearing in court – inquest
If witness testimony is needed, the coroner holds an inquest, usually in a courtroom or approved venue. The coroner decides what issues to examine and who to hear from. Witnesses give evidence and may be cross-examined by the coroner and interested parties.
Being a witness
During the inquiry phase, we may be asked to provide a report under sections 118 or 120 of the Coroners Act 2006.
This could be because we were involved with the deceased or their whānau, or have relevant practice or policy knowledge the coroner wishes to explore.
A range of roles at Oranga Tamariki have given evidence during an inquest including
- Social Workers
- Supervisors
- Practice Leaders
- Site Managers
- Regional Commissioners
- National Commissioners
- National Office staff.
All kaimahi are expected to assist voluntarily in Coroners Act proceedings when requested by Legal Services or National Support Services.
In some cases, the Court may issue a summons requiring attendance at a specified time or place.
Non-voluntary appearances can occur by a summons which is obtained from the Court and takes the form of an order for witnesses to attend at a time and date shown on the summons.
Being a witness may require travelling if the court is in another town. Administration support is provided to make travel plans and book accommodation.
Staff resource: Travel Policy (PDF) | Te Pae
Make sure that your supervisor or manager is aware of the requirements and is able to support you and assist to manage your workload while the inquest is on.
The role of the witness
Witnesses provide truthful, accurate information to help the coroner understand the circumstances of a death and consider any recommendations to prevent similar incidents.
Evidence is usually first submitted in writing—such as an affidavit or a police statement.
Witnesses may then be called to court to answer questions about their written evidence.
For Oranga Tamariki staff, affidavits often formalise or expand on reports provided under sections 118 or 120 of the Coroners Act.
You may be asked to adopt a report you didn’t author, especially if the original author has left the organisation or the coroner requests someone of a particular seniority. This is acceptable if you're confident in the report’s content and context.
All documents are shared with the Court in advance and compiled into a bundle used during questioning.
Staff may feel personally invested, especially if they worked closely with the deceased or their whānau. However, the coronial process is not about assigning blame, it focuses on learning and preventing future harm.
Oranga Tamariki’s role is to present relevant information fairly and transparently.
Witness briefing
If you are a witness for Oranga Tamarik,i you will be briefed by Legal Services with the support of National Support Services.
If necessary, Oranga Tamariki will also bring in external specialised legal support to assist with complex or high-risk inquests.
Witness briefing helps us to understand the case and your role.
The briefing can cover the state of the evidence, the potential gaps or weaknesses that may arise, what you might expect from the opposing counsel or the coroner, the layout of the courtroom etc.
As inquests can take time, so expect several meetings and preparation sessions with those supporting the process.
See ‘Giving evidence’ below for tips when giving evidence.
Non-publication orders
As part of your briefing, the legal team will discuss whether you wish to seek a non-publication order.
Inquests are generally public, and media may report on proceedings unless the death involves suicide or the coroner restricts publication.
If approached by media, the appropriate response is: “While the matter is before the Coroner, we have no comment.”
Witnesses and others may apply for interim or permanent non-publication orders to prevent their identifying details from being published.
These orders are granted only in limited circumstances and require a strong justification.
If you wish to apply for a non-publication order, please speak with the legal team for guidance.
Looking after yourself
Coroners’ findings can take weeks or months to be released.
Inquests are often emotional and challenging, especially when they involve pēpi, tamariki or rangatahi.
Whānau may have waited a long time for answers.
It’s important to look after yourself throughout the process and seek support if needed.
Giving evidence
You're encouraged to attend as much of the inquest as possible.
Listening to earlier evidence helps you understand key themes and prepares you for your own testimony. It also familiarises you with the courtroom setting.
Family or whānau may be present. It's okay to engage respectfully—this can be a meaningful part of the process.
Some nervousness is normal and can help you stay alert. Be confident in your evidence—it reflects your knowledge and experience. It's okay to show emotion; be your authentic self.