Coroner welcomes Otago study

Judge Neil MacLean.
Judge Neil MacLean.
Chief Coroner Judge Neil MacLean has welcomed a University of Otago study which will look into whether coroners' recommendations are being ignored or are acted on and helping to save lives.

The announcement of the New Zealand Law Foundation-funded study yesterday comes after coroners have expressed frustration that their recommendations are not being followed up.

As part of the study, Otago University law researchers Prof Mark Henaghan and Dr Jennifer Moore will review all coroners' findings and recommendations between 2006 and 2011 and interview about 60 organisations to determine how much they take notice of the findings.

Judge MacLean said the research was overdue and could help find out whether there was any truth to the belief among coroners that many recommendations were being ignored.

An example of an area coroners felt repeated recommendations had been ignored was the connection between adults sharing a bed with babies and sudden infant death syndrome, Judge MacLean said.

The research could also determine whether there was a need for a law change making it mandatory for organisations to respond to recommendations, of which Judge MacLean was in favour.

Introducing mandatory responses - which was already in place in other jurisdictions including Britain and the state of Victoria in Australia - would assure the public that recommendations were not being ignored, he said.

Dr Moore said there was a pressing need for information on how coroners' recommendations were being implemented and the research could be used to determine whether law reform was necessary.

"Potentially ... [coroners recommendations] could make a difference to ... saving lives, so it's really important to have good information about how those recommendations are formulated and if anything happens to them."

Law Foundation director Lynda Hagen said it was fully funding the project, at a cost of $138,000, with completion scheduled for late 2015.

"We are very pleased to support this work given its relevance and topicality. It's an important project that will fill a vital knowledge gap in our legal and public health system," she said.

The Law Foundation is an independent charitable trust that supports research and education on legal issues.

The announcement came on the same day a coroner released findings saying Rotorua teenager Bishop Thompson would be alive today if recommended changes to maritime law been implemented after a young girl died while water-skiing in 2009.

Bishop (17) died after he was hit by a jet ski in Lake Okareka, Rotorua, in January last year.

In his findings, Rotorua coroner Wallace Bain said had his recommendations after the death of 9-year-old Genevieve Lewis, who died after falling off her water-skis and being hit by a boat on Lake Taupo, been followed "in my view this tragedy would not have occurred".

"I repeat my observation [after the Lewis inquest] that it is incredible that no licence or qualifications or skills are needed to operate a boat or jet ski. Here we have vessels capable of doing 90kmh and [are described as] motorcycles on water."

vaughan.elder@odt.co.nz

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