Neil MacLean
District Court Judge Neil MacLean was appointed the first Chief Coroner of New Zealand under the Coroners Act 2006. When he took up the position in February 2007, Judge MacLean worked closely with the government in relation to the appointment and disposition of Coroners throughout New Zealand. He also liaised closely with professional and community groups, to ensure, the successful implementation and execution of the Coronial Services of New Zealand on 1 July 2007. The main function of the Chief Coroner is to ensure the integrity and effectiveness of the coronial service provided for by the Act with the objective of raising the professionalism of the coronial service and to promote consistency of the coronial practice throughout the country in a timely and efficient way whilst respecting the rights and interests of the bereaved. Judge MacLean was in practice in Christchurch between 1968 and 1993. Before his appointment to the District Court Bench, in 1993 Judge MacLean served as a Christchurch Coroner from 1978 to 1993. He was then sole resident judge at Gisborne for 6 years and was then transferred to Hamilton. After his appointment as a Judge he continued to be involved in Inquests usually for complex matters or where another Coroner had a conflict of interest. His Chambers are in Auckland and Wellington but he also travels extensively around the country as required. He has spoken as Chief Coroner overseas in London, Brussels and Bath, also at many major Australian cities. He was President of the Asia Pacific Coroners Society in 2010. He was honoured by the University Of Canterbury in 2012 with an Honorary Doctor of Laws. He is married to Susan and they have 3 adult children and 5 grandchildren.
Can We Improve Relationships Between Doctors and the Coroner? Concurrent Workshop Repeated Friday, 13 June 2014 Start 2:00pm Duration: 55mins Room 9 Start 3:05pm Duration: 55mins Room 9 A good working relationship between Coroners and medical professionals is essential to an effective and efficient coronial system. A Doctor is able to sign a medical certificate as to cause of death (MCCD) in 80% of deaths. However, in cases where the death is reportable under the Coroners Act 2006 or there is a question mark over whether the death should be certified, Doctors act as the gate-keeper to the coronial process. Although an extreme example, the Shipman case in the United Kingdom demonstrates the need for appropriate checks and balances throughout the process, and for the relationship between Coroners and Doctors to be built on trust, professionalism and cooperation. Inevitably, there are some areas of potential tension between Doctors and Coroners. Although Doctors possess medical expertise that Coroners do not, they are often not familiar with their legal obligations issuing MCCDs and requirements under the Coroners Act. Issues such as time pressures, unavailability of the attending doctor, lack of clinical records and the demands of interested parties create further difficulties. All of this occurs in the context of grieving families who are often waiting for answers, and for their loved ones to be released back to them. Many of these tensions can be resolved through strong communication between the Coroners and Doctors. In cases where the reporting of a death is not mandatory, a conversation enables the Doctor and Coroner to discuss whether the Coroner will accept jurisdiction, or if the Doctor can certify the death. Recently the Law Commission has proposed changes to the Burial and Cremation Act 1964 which include addressing issues around certification of deaths and cremation. A recent targeted review of the Coroners Act 2006 by the Government has also proposed reforms relating to the reporting of unexpected deaths occurring in a medical context. Continuing to find ways of improving this relationship between Coroners and medical professionals will hopefully further enhance the coronial system and ensure a constructive and positive relationship between Coroners and Doctors. Working More Efficiently with The Coroner Managers Programme Friday, 13 June 2014 Start 5:30pm Duration: 30mins Sportsdrome A good working relationship between Coroners and medical professionals is essential to an effective and efficient coronial system. While Coroners and doctors largely have a constructive and positive relationship, there are inevitably areas of tension that can arise, particularly surrounding issues with time pressures and availability. A lack of familiarity with the legal obligations arising from certifying cause of death and the Coroners Act 2006 can also create difficulties. In particular it is important for medical practitioners to be aware of obligations in relation to certifying deaths where the deceased is for cremation, deaths resulting from accidents in the elderly, substitute doctors, and the rights of families under the legislation. It should be of some assistance that the Law Commission is currently in the process of drafting a second issues paper looking at the law surrounding death certification and cremation practices, an area of the law that has been substantially unchanged for nearly half a century. Proposed reforms made in the Government’s targeted review of the Coroners Act will also help to strengthen the law around when deaths occurring in a medical context should be reported to the Coroner.