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Legal experts are questioning the acting chief coroner's decision to inquire into the deaths of four of the five New Zealanders killed in the airbus crash in France.
Waikato Gordon Matenga announced on Tuesday he had ordered an inquest into the deaths of Jeremy Cook, Brian Horrell, Michael Gyles and Noel Marsh after their remains were returned to Auckland on Tuesday.
The body of a fifth New Zealander Murray White has still to be recovered.
They all died when the Air New Zealand airbus plunged into the Mediterranean off the coast of the southern city of Perpignan last November.
Mr Matenga said that although the crash happened in France the cause and circumstances were of public interest and concern here.
But Law Commission President Sir Geoffrey Palmer and Auckland University law Professor Bill Hodge today questioned how a New Zealand court could summons French witnesses, and whether the inquest would be useful.
Sir Geoffrey told the Stuff website he knew of no way to compel French people and officials to give evidence to a New Zealand coronial inquiry.
Mr Hodge said an inquest might offer comfort to the men's families but would be of little legal use.
"I don't see how the coroner is going to get a witness," he told the website.
The court would end up receiving hearsay evidence as it would likely be unable to compel French Government employees to testify.
The families would be entitled to ACC payments but could consider suing in France, Mr Hodge said.
The bodies of the two Germans flying the plane, along with four of the five New Zealanders' bodies have been recovered.
Mr Matenga said he had spoken with Air New Zealand, forensic pathologists, police and Ben Tothill, the lawyer for the families about the inquest.
"Now we just sit and wait while the French complete their investigation," he said to Fairfax Media.
"Once their results are available, then further consideration will be given to it and a decision will be made at that point on whether an inquest will be held in New Zealand."
Mr Tothill, who acts for the families and the Perpignan Trust set up for the children of the dead crew, was on leave and could not be contacted for comment.
Air New Zealand declined comment.
- NZPA
