Chief Coroner to review inquest file in relation to death of Libby McKay in 2013

Libby McKay died in 2013 after her partner Mike Brown said she fell out of his moving vehicle.

Chief Coroner Judge Deborah Marshall will revisit the inquest file into the death of Christchurch woman Libby McKay in 2013.

She was with her partner Mike Brown who was driving home from a party in a Toyota ute when he said McKay fell out and hit her head on the road, suffering fatal injuries.

An inquest was heard by Coroner David Crerar in 2015, who found McKay's injuries were consistent with falling out of a vehicle.

However, McKay's mother Pauline Webby believes she has found new evidence which suggests her daughter did not fall out of a moving vehicle.

Speaking to TVNZ's Sunday programme she said a report by Australian crash experts had concluded McKay would have extensive injuries if Brown's account was correct.

Sunday reported that a forensic examination was not undertaken at the time of her death and her clothing had no evidence she had hit the road.

Brown declined to appear to give evidence at the 2015 inquest.

"Mike Brown was served with a witness summons. He chose to absent himself and travel to Australia," Coroner Crerar said in the inquest file.

"A coroner has no power to ensure the attendance of a witness from Australia... It is regrettable that Mike Brown did not attend."

Sunday tracked Brown to near Perth and he repeated his assertion that McKay had fallen from the vehicle.

Chief Coroner Judge Deborah Marshall is looking at the file but has not seen any reports, or made any requests to the Solicitor General in regards to the case.

A Coronial Services spokesperson said the coroner does not have the jurisdiction to reopen an inquiry, but the Chief Coroner can apply to the Solicitor General.

"If someone believes a new coronial inquiry needs to be opened because of fraud, rejection of evidence, irregularity of proceedings, or discovery of new facts, or for any other sufficient reason, they need to apply to the Solicitor-General.

"The Solicitor-General or High Court may order another inquiry be opened," the spokesperson said.

Coroner Crerar found McKay had died from the "high energy impact to head and brain" and said the injuries were consistent with hitting the road surface.

Crerar also said McKay's family may petition to the Solicitor General for a new inquiry into her death if Brown returns to New Zealand.