The Impact of Therapeutic Jurisprudence on the New Zealand Coronial Jurisdiction

Abstract

Coroners in New Zealand can make recommendations that may reduce the chances of occurrence of similar deaths in the future. Coronial recommendations can have pro-therapeutic outcomes. The recommendations hold therapeutic promise for bereaved families by refocusing families towards prevention of similar deaths. However, when coroners' recommendations are not implemented, this has counter-therapeutic outcomes for the community who deserve remedial action, and for families who hoped for change. This chapter uses evidence from New Zealand's first empirical study of coroners' recommendations. An empirical approach is taken because therapeutic jurisprudence is concerned with assessing the law's impact on people, and the study of impacts often requires data about people's experiences of legal processes.