Criminal Investigations (Bodily Samples) Act 1995

1: Short Title and commencement
1: This Act may be cited as the Criminal Investigations ( Bodily
2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) brought into force 12 August 1996 clause 2 Criminal Investigations (Blood Samples) Act Commencement Order 1996 Section 1(1) amended 15 April 2004 section 4(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
2: Interpretation
1: In this Act, unless the context otherwise requires,— appeal period
a: when the time for bringing an appeal against the conviction expires, if no such appeal has been brought; or
b: if an appeal against the conviction has been brought, when the appeal is finally determined or is withdrawn, whichever occurs first approved agency section 4B(1)﻿(a) blood sample bodily sample sample buccal sample section 4B(1)﻿(b) charged , in relation to a person, means that a charging document charging the person with an offence has been filed in the District Court child Commissioner compulsion order conviction
a: a finding, by the Youth Court
b: an acquittal on account of insanity; and
c: the dismissal of a charge ; and
d: a finding that the person is unfit to stand trial;— and convicted databank compulsion notice
a: means a notice issued under section 39
b: includes—
i: a databank compulsion notice that a Judge has varied, or included a condition on, under section 42 section 43 section 43A section 47
ii: a databank compulsion notice in relation to which a Part 3 databank compulsion notice hearing section 41 databank request section 30 detained under a sentence of imprisonment section 4A District Court sections 6(2)﻿(b)﻿(vii) 7(b)﻿(viii) 13(1) 14(1)﻿(a) 15(1) 16(1) 18(1) and (3)﻿(b)﻿(vii) the Youth Court DNA profile
a: that is clearly identifiable as relating to that person; and
b: that is able to be compared with information obtained from an analysis (using the same technique) of another sample of genetic material for the purpose of determining, with reasonable certainty, whether or not the other sample is from that person DNA profile databank section 25 fingerprick sample forensic comparison imprisonable offence independent adult section 2A juvenile compulsion order section 23 lawyer section 6 medical practitioner section 114(1)﻿(a) nurse section 114(1)﻿(a) parent 18
a: means a parent or guardian of that person; and
b: includes a step-parent of the person; but, if the person is under 18, only if the step-parent shares responsibility for the day-to-day care of the person with one of the person’s parents; and
c: if no parent or guardian of that person can be found with reasonable diligence or is capable of consenting to the taking of a bodily Part 2A request section 24D Part 2B temporary databank section 24O Part 3 order prison officer section 3(1) relevant offence
a: an offence against any of the provisions listed in Part 1 Schedule 1
b: an offence against any of the provisions listed in Part 2 Schedule 1
ba: an offence against any of the provisions listed in Part 3 Schedule 1
c: an attempt to commit an offence against any of the provisions listed in Part 1 , 2 3 Schedule 1
d: conspiring with any person to commit an offence against any of the provisions listed in Part 1 , 2 3 Schedule 1
e: an offence punishable by a term of imprisonment of 7 years or more; or
f: an attempt to commit an offence of the kind referred to in paragraph (e); or
g: conspiring with any person to commit an offence of the kind referred to in paragraph (e) respondent specified date
a: 30 June 2000; or
b: such later date (being not later than 30 June 2005) as may be specified for the purposes of sections 60 62 ( see whichever is the later suitably qualified person
a: a blood sample,—
i: a medical practitioner; or
ii: a
iii: a medical technologist with a degree in medical laboratory science; or
iv: a person trained in phlebotomy in accordance with the national standard for training phlebotomists adopted by the Association of Community Laboratories Incorporated:
b: a buccal sample,—
i: a medical practitioner; or
ii: any person specified in paragraph (a)﻿(ii) to (iv) who has undergone training in taking and dealing with buccal samples in accordance with the training criteria determined by the approved agency suspect
a: that person has been charged with that offence; or
b: there is good cause to suspect that person of having committed that offence suspect compulsion order section 16 suspect request section 6 triggering offence section 24J section 24K venous sample video record section 4 young person 18
2: For the purposes of this Act, 2 offences are related to one another if the elements of the 2 offences comprise substantially the same act or omission.
3: An order under paragraph (b) of the definition of specified date in subsection (1) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) approved agency inserted 15 April 2004 section 5(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) blood sample inserted 15 April 2004 section 5(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) blood sample sample repealed 15 April 2004 section 5(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) bodily sample sample inserted 15 April 2004 section 5(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) buccal sample inserted 15 April 2004 section 5(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) charged replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 2(1) charged amended 1 March 2017 section 261 District Court Act 2016 Section 2(1) child inserted 15 April 2004 section 5(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) compulsion order amended 15 April 2004 section 5(3) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) conviction amended 1 March 2017 section 261 District Court Act 2016 Section 2(1) conviction amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 2(1) conviction amended 1 September 2004 section 50(2) Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 2(1) conviction added 1 September 2004 section 50(2) Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 2(1) databank compulsion notice inserted 15 April 2004 section 5(4) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) databank compulsion notice hearing inserted 15 April 2004 section 5(4) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) databank compulsion order repealed 15 April 2004 section 5(4) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) detained under a sentence of imprisonment inserted 15 April 2004 section 5(5) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) District Court inserted 5 December 2011 section 32 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 2(1) District Court amended 1 March 2017 section 261 District Court Act 2016 Section 2(1) home detention repealed 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 2(1) imprisonable offence inserted 5 December 2011 section 32 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 2(1) independent adult substituted 6 September 2010 section 4(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 2(1) indictable offence repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 2(1) lawyer substituted 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 2(1) medical practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) nurse inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) parent amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 2(1) parent paragraph (b) substituted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 2(1) parent paragraph (c) amended 15 April 2004 section 5(8) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) Part 2A request inserted 15 April 2004 section 5(9) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) Part 2B temporary databank inserted 6 September 2010 section 4(3) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 2(1) Part 3 order inserted 15 April 2004 section 5(9) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) prison officer substituted 1 June 2005 section 206 Corrections Act 2004 Section 2(1) relevant offence substituted 15 April 2004 section 5(10) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) relevant offence amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 2(1) relevant offence amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 2(1) relevant offence inserted 6 September 2010 section 4(4) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 2(1) relevant offence amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 2(1) relevant offence amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 2(1) relevant offence amended 6 September 2010 section 4(5) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 2(1) relevant offence amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 2(1) relevant offence amended 6 September 2010 section 4(5) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 2(1) specified date amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) suitably qualified person inserted 15 April 2004 section 5(11) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) suitably qualified person amended 15 December 2005 section 3 Criminal Investigations (Bodily Samples) Amendment Act 2005 Section 2(1) triggering offence inserted 6 September 2010 section 4(6) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 2(1) video record added 27 March 2008 section 4 Criminal Investigations (Bodily Samples) Amendment Act 2008 Section 2(1) young person added 6 September 2010 section 4(6) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 2(1) young person amended 1 July 2019 section 39 Oranga Tamariki Legislation Act 2019 Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2A: Meaning of independent adult
For the purpose of this Act, independent adult
a: in relation to a suspect under the age of 18 Part 2A
i: if a parent or other person having the care of the suspect is present under section 50(1)﻿(b)
ii: if a person referred to in subparagraph (i) is not present but the suspect, or, if section 50(3)
iii: if none of the persons referred to in subparagraphs (i) and (ii) is present, any person of or over the age of 18 section 4
A: chosen by the suspect; or
B: if the suspect fails or refuses to choose, chosen by a constable:
b: in relation to a young person from whom a bodily sample is being taken under Part 2B
i: if a parent or other person having the care of the young person is present under section 50A(2)﻿(b)
ii: if a person referred to in subparagraph (i) is not present but the young person, or, if section 50A(4)
iii: if none of the persons referred to in subparagraphs (i) and (ii) is present, any person of or over the age of 18 section 4
A: chosen by the young person; or
B: if the young person fails or refuses to choose, chosen by a constable. Section 2A inserted 6 September 2010 section 5 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 2A(a) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 2A(a)﻿(iii) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 2A(b)﻿(iii) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019
2B: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 2B inserted 1 July 2019 section 40 Oranga Tamariki Legislation Act 2019
3: Act to bind the Crown
This Act binds the Crown.
4: Application
1: This Act applies to the investigation of offences committed, or believed to have been committed, before or after the commencement of this Act.
2: Part 3
a: convictions entered after the commencement of this Act; and
b: convictions entered before the commencement of this Act if, and only if, the person in relation to whom the conviction was entered is, on the date of commencement of section 7
3: Despite subsection (2), nothing in Part 3 section 7
a: offence against any of the provisions listed in Part 2 Schedule 1
b: attempt to commit an offence against any of the provisions listed in Part 1 Part 2 Schedule 1 Schedule 1
c: conspiracy to commit an offence against any of the provisions listed in Part 1 Part 2 Schedule 1
d: offence punishable by a term of imprisonment of 7 years or more unless it is an offence listed in Part 1 Schedule 1
e: attempt to commit an offence of the kind referred to in paragraph (d) unless the offence is itself specified as an attempt in Part 1 Schedule 1
f: conspiracy to commit an offence of the kind referred to in paragraph (d). Section 4(2) substituted 15 April 2004 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 4(3) added 15 April 2004 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 4(3)﻿(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 4(3)﻿(b) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 4(3)﻿(c) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 4(3)﻿(d) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 4(3)﻿(e) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019
4A: Detained under sentence of imprisonment
1: For the purposes of section 4 Part 3 detained under a sentence of imprisonment an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1
a: in a prison
b: in a residence administered by the department for the time being responsible for the administration of the Oranga Tamariki Act 1989
c: in, or on leave from, a hospital—
i: under section 46
ii: following an application under section 45(2)
iii: under an order under section 34(1)﻿(a)﻿(i)
d: in, or on leave from, a secure facility—
i: following an application under section 29(1)
ii: under an order under section 34(1)﻿(a)﻿(ii)
2: To avoid doubt, a person is detained under a sentence of imprisonment under subsection (1) if he or she is detained in any manner described in that subsection,—
a: under cumulative sentences of imprisonment (treated as 1 term under section 92(2) section 4(1) an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1
i: reached the start date of the sentence or component that relates to the offence
ii: passed the release date of the sentence or component that relates to the offence
b: under a concurrent sentence of imprisonment imposed on him or her before he or she was released from an earlier sentence of imprisonment imposed for an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1
3: To avoid doubt, a person is not detained under a sentence of imprisonment under subsection (1) if he or she has been convicted of an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1
a: serving a sentence of imprisonment by way of home detention; or
ab: subject to residential restrictions imposed under section 15
b: detained in a prison Section 4A inserted 15 April 2004 section 8 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 4A(1) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 4A(1) amended 5 December 2013 section 4(1) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 4A(1)﻿(a) amended 1 June 2005 section 206 Corrections Act 2004 Section 4A(1)﻿(b) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 4A(1)﻿(c) substituted 1 September 2004 section 50(3) Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 4A(1)﻿(d) added 1 September 2004 section 50(3) Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 4A(2)﻿(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 4A(2)﻿(a) amended 5 December 2013 section 4(2)﻿(a) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 4A(2)﻿(a)﻿(i) amended 5 December 2013 section 4(2)﻿(b) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 4A(2)﻿(a)﻿(ii) amended 5 December 2013 section 4(2)﻿(b) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 4A(2)﻿(b) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 4A(2)﻿(b) amended 5 December 2013 section 4(3) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 4A(3) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 4A(3) amended 5 December 2013 section 4(4) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 4A(3)﻿(ab) inserted 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 4A(3)﻿(b) amended 1 June 2005 section 206 Corrections Act 2004
4B: Approval of agency to determine training criteria for dealing with, and device or other means for taking, buccal samples
1: The Minister of Justice may, by notice
a: an agency to determine the training criteria for persons taking, supervising the taking of, or dealing with buccal samples:
b: a device for taking, or other means of providing, buccal samples.
2: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 4B inserted 31 October 2003 section 9 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 4B(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 4B(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
2: Obtaining
bodily Part 2 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Authority to obtain bodily Heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003
5: Authority to take
bodily Subject to section 72 bodily sample constable
a: the offence is an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1
b: either,—
i: in the case of a suspect who is of or over the age of 18 section 9
ii: in the case of a suspect who is of or over the age of 14 years but under 18 section 9
iii: the sample is taken under and in accordance with a suspect compulsion order or a juvenile compulsion order; and
c: the sample is taken in accordance with the procedures set out in Part 4 Section 5 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 5 amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 5 amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 5(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 5(a) amended 5 December 2011 section 33 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 5(b)﻿(i) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 5(b)﻿(ii) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019
5A: Relationship to Part 2B
The authority in this Part to take, or order the taking of, a bodily sample from a person in respect of an offence is not limited by the fact that a bodily sample has been taken from that person under Part 2B Section 5A inserted 6 September 2010 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2009 Obtaining bodily Heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003
6: Request to consent to taking of
bodily
1: Subject to section 8 imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 constable bodily constable
2: Subject to section 8 constable
a: hand to the suspect to whom the request is made a written notice containing the particulars specified in section 7(b)
b: inform the suspect, in a manner and in language that the suspect is likely to understand,—
i: of the offence in respect of which the request is made; and
ii: that the constable bodily
iii: that the suspect is under no obligation to give the sample; and
iv: that if the suspect consents to the taking of the sample, the suspect may, at any time before the sample is taken, withdraw that consent; and
v: that the suspect may wish to consult a lawyer before deciding whether or not to consent to the taking of the sample; and
vi: that the sample will be analysed and may provide evidence that may be used in criminal proceedings; and
vii: that if the suspect refuses to consent to the taking of the sample, and there is good cause to suspect that the suspect committed the offence in respect of which the request is made, or a related offence, and that offence is an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 District Court Judge bodily Section 6 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 6(1) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 6(1) amended 5 December 2011 section 34(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 6(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 6(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 6(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 6(2)﻿(b)﻿(ii) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 6(2)﻿(b)﻿(ii) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 6(2)﻿(b)﻿(vii) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 6(2)﻿(b)﻿(vii) amended 5 December 2011 section 34(2)﻿(a) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 6(2)﻿(b)﻿(vii) amended 5 December 2011 section 34(2)﻿(b) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 6(2)﻿(b)﻿(vii) amended 15 April 2004 section 6(2) Criminal Investigations (Bodily Samples) Amendment Act 2003
7: Form and content of notice
Subject to section 8 section 6(2)﻿(a)
a: shall be in the prescribed form; and
b: shall contain the following particulars:
i: a statement that it is believed that the suspect has or may have committed an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 bodily
ii: a statement that there are reasonable grounds to believe that analysis of the sample would tend to confirm or disprove the suspect’s involvement in the commission of that offence:
iii: a statement that the suspect is under no obligation to give the sample:
iv: a statement that if the suspect consents to the taking of the sample, the suspect may, at any time before the sample is taken, withdraw that consent:
v: a statement that the suspect may wish to consult a lawyer before deciding whether or not to consent to the taking of the sample:
vi: a statement that unless, within the period of 48 hours after the request is made, the suspect consents to the taking of the sample, the suspect shall be deemed to have refused to consent to the taking of the sample:
vii: a statement that the sample will be analysed and may provide evidence that may be used in criminal proceedings:
viii: a statement that if the suspect refuses to consent to the taking of the sample, and there is good cause to suspect that the suspect committed the offence in respect of which the request is made, or a related offence, District Court Judge bodily
ix: a summary of the provisions of sections 48 , 49 49A
x: a statement that the suspect may request that the sample be taken in the presence of a lawyer, or another person, of the suspect’s own choice:
xi: a summary of the provisions of sections 55 56 56A 59
xii: a statement that the sample, and any information derived from any analysis of the sample, will be held by or on behalf of the Police:
xiii: a statement that if the suspect is convicted of the offence in respect of which the sample is taken, or a related offence,
xiv: a reference to the provisions of section 60
xv: such other particulars as may be prescribed. Section 7(b)﻿(i) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 7(b)﻿(i) amended 5 December 2011 section 35(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 7(b)﻿(i) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 7(b)﻿(viii) amended 5 December 2011 section 35(2)﻿(a) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 7(b)﻿(viii) amended 5 December 2011 section 35(2)﻿(b) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 7(b)﻿(viii) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 7(b)﻿(ix) amended 15 April 2004 section 10(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 7(b)﻿(x) substituted 15 April 2004 section 10(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 7(b)﻿(xi) amended 15 April 2004 section 10(3) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 7(b)﻿(xiii) amended 5 December 2011 section 35(3) Criminal Investigations (Bodily Samples) Amendment Act 2009
8: Suspect requests to persons under
18
1: Nothing in section 6
a: applies in respect of a suspect who is a child or was a child at the time the offence in relation to which the request is made was committed; or
b: makes a person of the kind referred to in paragraph (a) capable of consenting to the taking of a bodily sample in response to a request made under that section.
1A: However, a suspect who is a child, or was a child at the time the offence is alleged to have been committed, may consent to the taking of a buccal sample as a result of a Part 2A request if, in accordance with section 272 Oranga Tamariki Act 1989 Criminal Procedure Act 2011
2: Where a suspect request is made under section 6 18 section 7
a: the constable section 6(2)﻿(a)
b: the constable section 6(2)﻿(b)
i: that the bodily
ii: that no parent of the suspect is under any obligation to consent to the taking of the sample; and
c: the notice required by section 6(2)﻿(a) section 7(b)
i: a statement that the bodily
ii: a statement that no parent of the suspect is under any obligation to consent to the taking of the sample:
iii: a statement that any parent of the suspect may wish to consult a lawyer before deciding whether or not to consent to the taking of the sample:
iv: a statement that if a parent of the suspect consents to the taking of the sample, that parent may, at any time before the sample is taken, withdraw that consent :
v: a statement that a bodily sample may be taken in the presence of a parent:
vi: a summary of section 52A
d: the notice required by section 6(2)﻿(a) section 7(b)﻿(vi) Section 8(1) substituted 15 April 2004 section 11(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 8 heading amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 8(1A) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 8(1A) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 8(2) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 8(2)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 8(2)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 8(2)﻿(b)﻿(i) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 8(2)﻿(c)﻿(i) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 8(2)﻿(c)﻿(iv) amended 15 April 2004 section 11(2)﻿(a) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 8(2)﻿(c)﻿(v) added 15 April 2004 section 11(2)﻿(b) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 8(2)﻿(c)﻿(vi) added 15 April 2004 section 11(2)﻿(b) Criminal Investigations (Bodily Samples) Amendment Act 2003
9: Consent to taking of
bodily
1: No consent to the taking of a bodily
a: it is in writing and signed by the person giving the consent; or
b: it is given orally and recorded on a video record
2: Where any such consent is in writing, the consent shall be signified on the notice required by section 6(2)﻿(a)
3: Where any such consent is recorded on a video record video record
a: in the case of a consent given by a suspect,—
i: the making of the suspect request to the suspect; and
ii: the handing to the suspect of the notice required by section 6(2)﻿(a)
iii: the giving of consent to the taking of the sample:
b: in the case of a consent given by a parent of a suspect,—
i: the giving section 6(2)﻿(a) section 8(2)﻿(a)
ii: the giving of consent to the taking of a sample from the suspect. Section 9 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 9(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 9(1)﻿(b) amended 27 March 2008 section 5(1) Criminal Investigations (Bodily Samples) Amendment Act 2008 Section 9(3) amended 27 March 2008 section 5(2) Criminal Investigations (Bodily Samples) Amendment Act 2008 Section 9(3)﻿(b)﻿(i) amended 15 April 2004 section 12 Criminal Investigations (Bodily Samples) Amendment Act 2003
10: Withdrawal of consent
1: Where any person consents to the taking of a bodily
a: that person may, at any time before the sample is taken, withdraw that consent, either orally or in writing; and
b: on any such withdrawal, the suspect to whom the suspect request was made shall be deemed to have refused to consent to the taking of the sample.
2: Where any such consent is withdrawn orally, that withdrawal shall be recorded in writing by a constable Section 10(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 10(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
11: Consent deemed to have been refused
For the purposes of sections 13 16 18 23 section 6 bodily
a: in the case of a suspect request made to a person who is of or over the age of 18
b: in the case of a suspect request made to a person who is under the age of 18
i: that suspect; and
ii: a parent of that suspect— have so consented. Section 11 amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 11(a) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 11(b) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019
12: Right of suspect in custody to consult lawyer
1: Subject to subsection (2), every suspect to whom a suspect request is made and who is in custody is entitled to consult privately with a lawyer with respect to that request.
2: Nothing in subsection (1) prevents the taking of such measures as are reasonably necessary—
a: to prevent the suspect from escaping; or
b: to ensure the safety of the suspect or any other person; or
c: to prevent the suspect from damaging any property. Obtaining bodily 18 Heading amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003
13: Application for order authorising taking of
bodily
1: An application may be made in accordance with this section to a District Court Judge or a High Court Judge 18 bodily
a: there is good cause to suspect that the suspect has committed an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1
b: the suspect has refused to consent to the taking of a bodily
2: Every application under subsection (1) shall be made by a constable who is of or above the level of position of inspector
a: the facts relied on to show that there is good cause to suspect that the respondent has committed an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1
b: the reasons why it is considered necessary to obtain a suspect compulsion order in relation to the respondent, including the facts relied on to show that there are reasonable grounds to believe that analysis of a bodily
c: where possible, the type of analysis that is likely to be required in respect of the bodily section 16(1)
3: Subject to section 15
a: the applicant shall serve notice of the application on the respondent; and
b: both the applicant and the respondent are entitled to appear and to adduce evidence at the hearing of the application.
4: In considering an application made under this section, the Judge may take into account any oral or documentary material that the Judge considers relevant, whether or not it would be admissible in a court of law. Section 13 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 13(1) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 13(1) amended 14 November 2018 section 114 Courts Matters Act 2018 Section 13(1) amended 5 December 2011 section 36(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 13(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 13(1)﻿(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 13(1)﻿(a) amended 5 December 2011 section 36(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 13(1)﻿(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 13(2) amended 1 October 2008 section 116(b) Policing Act 2008 Section 13(2)﻿(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 13(2)﻿(a) amended 5 December 2011 section 36(3) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 13(2)﻿(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 13(2)﻿(c) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003
14: Prohibition against publication of name of respondent
1: Where an application is made under section 13
a: a District Court Judge or a High Court Judge
b: subject to subsection (2), at the time of the publication of the report or account, the respondent is charged with the offence to which the application relates, or a related offence.
2: Nothing in subsection (1)﻿(b) applies where there is in force in respect of the respondent, in relation to the offence to which the application relates or a related offence, any order of any court the effect of which is to prohibit the publication of any name or particulars likely to lead to the identification of the respondent.
3: Nothing in this section shall be construed to limit or restrict the provisions of any other enactment relating to the prohibition or regulation of the publication of reports or particulars relating to any judicial proceedings. Section 14(1)﻿(a) amended 14 November 2018 section 115 Courts Matters Act 2018 Section 14(1)﻿(a) amended 5 December 2011 section 37 Criminal Investigations (Bodily Samples) Amendment Act 2009
15: Information may be withheld from respondent
1: Where an application is made under section 13 District Court Judge or a High Court Judge ex parte
2: On the hearing of any application made under section 13
3: A Judge may not make an order under subsection (1) or subsection (2) in relation to any information or evidence unless the Judge is satisfied—
a: that the disclosure of that information or evidence to the respondent would be likely—
i: to identify, or lead to the identification of, any constable
ii: to endanger the safety of any person; or
iii: to substantially prejudice the investigation of the offence to which the application relates, or any other offence; and
b: that the withholding of the information or evidence from the respondent would not be contrary to the interests of justice.
4: Where, pursuant to an order made under subsection (1) of this section, any information is omitted from the notice served on the respondent pursuant to section 13(3)﻿(a)
5: Notwithstanding any enactment or rule of law or rules of court entitling any party to any proceedings to demand the production of any documents, the respondent shall not be entitled to demand the production, for the purposes of the proceedings on the application made under section 13
6: Nothing in this section shall be construed to limit or restrict the provisions of any other enactment relating to the prohibition or regulation of—
a: the disclosure of evidence tendered in any judicial proceedings; or
b: the publication of reports or particulars relating to any such proceedings. Section 15(1) amended 14 November 2018 section 116 Courts Matters Act 2018 Section 15(1) amended 5 December 2011 section 38 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 15(3)﻿(a)﻿(i) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
16: Judge may authorise
bodily
1: On the hearing of an application for a suspect compulsion order, a District Court Judge or a High Court Judge bodily sample
a: there is good cause to suspect that the respondent (being a person who is of or over the age of 18
b: material reasonably believed to be from, or genetically traceable to, the body of a person who committed the offence has been found or is available—
i: at the scene of the offence; or
ii: on the victim of the offence; or
iii: from within the body or from any thing coming from within the body of the victim of the offence that is reasonably believed to be associated with, or having resulted from, the commission of the offence; or
iv: on any thing reasonably believed to have been worn or carried by the victim when the offence was committed; or
v: on any person or thing reasonably believed to have been associated with the commission of the offence; and
c: there are reasonable grounds to believe that analysis of a bodily
d: the respondent has refused to consent to the taking of a bodily
e: in all the circumstances, it is reasonable to make the order.
2: In considering whether or not to make a suspect compulsion order, the Judge shall have regard to—
a: the nature and seriousness of the offence to which the application relates; and
b: any reasons given by the respondent for opposing the making of the order sought; and
c: any evidence regarding the importance, to the investigation of the offence, of obtaining a bodily
d: any other matter that the Judge considers relevant.
3: Without limiting the generality of subsection (2), in considering whether or not to make a suspect compulsion order, the Judge shall also have regard to the following matters:
a: whether or not the respondent has offered, or been given an opportunity, to give a specimen from his or her body (other than a bodily sample)
b: if such an offer has been made, or such an opportunity has been given, whether or not the respondent has given such a specimen
c: if the respondent has given such a specimen that specimen
4: Where the Judge adjourns the hearing of any proceedings on an application for a suspect compulsion order for the purpose of giving the respondent an opportunity to give, by consent, a specimen from his or her body (including a bodily sample) Section 16 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 16(1) amended 14 November 2018 section 117 Courts Matters Act 2018 Section 16(1) amended 5 December 2011 section 39(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 16(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 16(1)﻿(a) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 16(1)﻿(a) amended 5 December 2011 section 39(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 16(1)﻿(b) substituted 15 April 2004 section 13 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 16(1)﻿(c) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 16(1)﻿(d) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 16(2)﻿(c) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 16(3)﻿(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 16(3)﻿(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 16(3)﻿(c) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 16(4) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003
17: Further applications for suspect compulsion order
1: Nothing in this Act—
a: prohibits the making of an application under section 13
b: prohibits a Judge from making a suspect compulsion order in respect of an offence— merely because such an order has previously been sought or made in respect of that offence, whether or not the previous application or order related to the same person.
2: Notwithstanding anything in this section or in section 16 section 13
17A: Judge to specify method of taking sample if further suspect compulsion order made
1: If a Judge decides to make a further suspect compulsion order in respect of a person against whom a previous suspect compulsion order has been made for the same offence, the Judge must specify in the order the method by which a bodily sample is to be taken.
2: In determining the method by which a bodily sample is to be taken, the Judge must have regard to—
a: any view expressed by the constable who is of or above the level of position of inspector
b: any view expressed by the respondent regarding which of the 3 methods should be used. Section 17A inserted 15 April 2004 section 14 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 17A(2)﻿(a) amended 1 October 2008 section 116(b) Policing Act 2008 Obtaining bodily 18 Heading amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003
18: Application for order authorising taking of
bodily 18
1: An application may be made in accordance with this section to a District Court Judge 18 bodily
a: there is good cause to suspect that the suspect has committed an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1
b: the suspect may lawfully be prosecuted for that offence (being, in the case of a suspect who is a child or was a child at the time the offence is alleged to have been committed,—
i: the offence of murder or manslaughter; or
ii: an offence (other than murder or manslaughter)—
A: that is alleged to have been committed when the suspect was aged 12 or 13 years; and
B: for which the maximum penalty available is or includes imprisonment for life or for at least 14 years; or
iii: an offence (other than murder or manslaughter)—
A: that is alleged to have been committed when the suspect was aged 12 or 13 years, and was for the purposes of section 272(1)﻿(c) Oranga Tamariki Act 1989
B: for which the maximum penalty available is or includes imprisonment for at least 10 years but less than 14 years); and
c: in the case of a suspect who was of or over the age of 14 years at the time the offence in relation to which the application is made was committed
i: a suspect request has been made to the suspect in respect of that offence, or a related offence; but
ii: consent to the taking of a bodily
2: Every application under subsection (1) shall be made by a constable who is of or above the level of position of inspector
a: the facts relied on to show that there is good cause to suspect that the respondent has committed an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1
b: the reasons why it is considered necessary to obtain a juvenile compulsion order in relation to the respondent, including the facts relied on to show that there are reasonable grounds to believe that analysis of a bodily
c: where possible, the type of analysis that is likely to be required in respect of the bodily section 23(1)
3: Subject to section 15 section 20
a: the applicant shall serve notice of the application on—
i: the respondent; and
ii: a parent or other person having the care of the respondent; and
iii: where a lay advocate is for the time being appointed in respect of the respondent under section 326 Oranga Tamariki Act 1989
b: the following persons are entitled to appear and to adduce evidence at the hearing of the application:
i: the applicant:
ii: the respondent:
iii: any lawyer who represents the respondent:
iv: any person who is a parent of, or who has the care of, the respondent:
v: any lawyer representing any person referred to in subparagraph (iv):
vi: any person on whom notice of the application is served pursuant to paragraph (a)﻿(iii):
vii: with the leave of a District Court Judge
4: In considering an application made under this section, the Judge may take into account any oral or documentary material that the Judge considers relevant, whether or not it would be admissible in a court of law. Section 18 heading amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 18 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 18(1) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 18(1) amended 5 December 2011 section 40(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 18(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 18(1)﻿(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 18(1)﻿(a) amended 5 December 2011 section 40(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 18(1)﻿(b) substituted 1 October 2010 section 55(3) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 18(1)﻿(b)﻿(iii)﻿(A) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 18(1)﻿(c) amended 15 April 2004 section 15(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 18(1)﻿(c)﻿(ii) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 18(2) amended 1 October 2008 section 116(b) Policing Act 2008 Section 18(2)﻿(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 18(2)﻿(a) amended 5 December 2011 section 40(3) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 18(2)﻿(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 18(2)﻿(c) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 18(3)﻿(a)﻿(iii) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 18(3)﻿(b)﻿(vii) amended 5 December 2011 section 40(4) Criminal Investigations (Bodily Samples) Amendment Act 2009
19: Prohibition against publication of name of respondent under
18
1: Where an application is made under section 18
a: the name of the respondent or the parents or any person having the care of the respondent; or
b: any other name or particulars likely to lead to the identification of the respondent.
2: Nothing in subsection (1) shall be construed to limit or restrict the provisions of any other enactment relating to the prohibition or regulation of the publication of reports or particulars relating to any judicial proceedings. Section 19 heading amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019
20: Sections 15, 17, and 17A
1: Section 15
a: an application made under section 18
b: the hearing of such an application— as if it were an application made under section 13 subsection (1) or subsection (2) of section 15
2: Section 17 and section 17A section 18 section 13 Section 20 heading amended 15 December 2005 section 4(1) Criminal Investigations (Bodily Samples) Amendment Act 2005 Section 20(2) amended 15 December 2005 section 4(2) Criminal Investigations (Bodily Samples) Amendment Act 2005
21: Appointment of lawyer to represent respondent
1: Where an application is made under section 18
a: the respondent is already represented by a lawyer in the proceedings; or
b: the Judge is satisfied that legal representation has been arranged, or will be arranged, for the respondent in the proceedings,— the Judge shall appoint a lawyer to represent the respondent in the proceedings.
2: Where a Judge appoints a lawyer under subsection (1), the Judge shall, so far as practicable, appoint a lawyer who is, by reason of personality, cultural background, training, and experience, suitably qualified to represent the respondent.
3: Where,—
a: pursuant to subsection (1), a Judge is required to appoint a lawyer to represent a respondent in any proceedings; and
b: a lawyer has been appointed, pursuant to section 323 Oranga Tamariki Act 1989 the Judge shall, where possible, appoint that lawyer under this section to represent the respondent. 1989 No 24 s 323 Section 21(3)﻿(b) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
22: Further provisions relating to appointment of lawyer for respondent
1: A lawyer appointed pursuant to section 21 section 18
2: Where a lawyer is appointed pursuant to section 21 section 18
a: in any proceedings in respect of any warrant issued pursuant to section 45
b: where a juvenile compulsion order is made in respect of the respondent, in any proceedings on an application made under section 47 1989 No 24 s 324
23: Judge may authorise
bodily
1: On the hearing of an application for a juvenile compulsion order, a Judge may make an order requiring the respondent to give a bodily sample
a: there is good cause to suspect that the respondent (being a person who is under the age of 18
b: the respondent may lawfully be prosecuted for that offence (being, in the case of a suspect who is a child or was a child at the time the offence is alleged to have been committed,—
i: the offence of murder or manslaughter; or
ii: an offence (other than murder or manslaughter)—
A: that is alleged to have been committed when the respondent was aged 12 or 13 years; and
B: for which the maximum penalty available is or includes imprisonment for life or for at least 14 years; or
iii: an offence (other than murder or manslaughter)—
A: that is alleged to have been committed when the respondent was aged 12 or 13 years, and was for the purposes of section 272(1)﻿(c) Oranga Tamariki Act 1989
B: for which the maximum penalty available is or includes imprisonment for at least 10 years but less than 14 years); and
c: where the respondent was of or over the age of 14 years at the time the offence in relation to which the application is made was committed
i: a suspect request has been made to the respondent in respect of that offence, or a related offence; and
ii: consent to the taking of a bodily
d: material reasonably believed to be from, or genetically traceable to, the body of a person who committed the offence has been found or is available—
i: at the scene of the offence; or
ii: on the victim of the offence; or
iii: from within the body or from any thing coming from within the body of the victim of the offence that is reasonably believed to be associated with, or having resulted from, the commission of the offence; or
iv: on any thing reasonably believed to have been worn or carried by the victim when the offence was committed; or
v: on any person or thing reasonably believed to have been associated with the commission of the offence; and
e: there are reasonable grounds to believe that analysis of a bodily
f: in all the circumstances, it is reasonable to make the order.
2: In considering whether or not to make a juvenile compulsion order, the Judge shall have regard to—
a: the nature and seriousness of the offence to which the application relates; and
b: the age of the respondent; and
c: any reasons given by—
i: the respondent; and
ii: any parent or person having the care of the respondent— for opposing the making of the order sought; and
d: any evidence regarding the importance, to the investigation of the offence, of obtaining a bodily
e: any other matter that the Judge considers relevant.
3: Without limiting the generality of subsection (2), in considering whether or not to make a juvenile compulsion order, the Judge shall also have regard to the following matters:
a: whether or not the respondent has offered, or been given an opportunity, to give a specimen from his or her body (other than a bodily sample)
b: if such an offer has been made, or such an opportunity has been given, whether or not the respondent has given such a specimen
c: if the respondent has given such a specimen that specimen
4: Where the Judge adjourns the hearing of any proceedings on an application for a juvenile compulsion order for the purpose of giving the respondent an opportunity to give, by consent, a specimen from his or her body (including a bodily sample) Section 23 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 23(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 23(1)﻿(a) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 23(1)﻿(a) amended 5 December 2011 section 41 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 23(1)﻿(b) substituted 1 October 2010 section 55(4) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 23(1)﻿(b)﻿(iii)﻿(A) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 23(1)﻿(c) amended 15 April 2004 section 16(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 23(1)﻿(c)﻿(ii) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 23(1)﻿(d) substituted 15 April 2004 section 16(3) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 23(1)﻿(e) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 23(2)﻿(d) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 23(3)﻿(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 23(3)﻿(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 23(3)﻿(c) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 23(4) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Form and content of compulsion order
24: Form and content of compulsion order
1: Every suspect compulsion order and every juvenile compulsion order shall be in the prescribed form.
2: Every suspect compulsion order and every juvenile compulsion order is subject to—
a: conditions included in the order by the Judge under section 24A
b: special conditions (if any) included in the order by the Judge.
3:
4: Every suspect compulsion order and every juvenile compulsion order shall contain the following particulars:
a: subject to any conditions specified in the order, the date on which, and the place where, the suspect is to attend to give a bodily
b: a summary of the provisions of sections 48 49 49A
c: a statement that the suspect may request that the sample be taken in the presence of a lawyer, or another person, of the suspect’s own choice:
ca: in the case of a juvenile compulsion order as well as the other particulars referred to in this subsection, a statement that a bodily sample may be taken in the presence of a parent or other person having the care of the suspect:
d: a summary of the provisions of sections 55 56 56A 59
e: conditions included by the Judge under subsection (2):
f: a statement that if the suspect refuses to allow a bodily sample to be taken, a sample may be taken by force under section 54(2)
g: a statement that the sample, and any information derived from any analysis of the sample, will be held by or on behalf of the Police:
h: a statement that if the suspect is convicted of the offence in respect of which the order is made, or a related offence that is an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1
i: a reference to the provisions of section 60
j: such other particulars as may be prescribed. Section 24(2) substituted 15 April 2004 section 17(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24(3) repealed 15 April 2004 section 17(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24(4)﻿(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24(4)﻿(b) substituted 15 April 2004 section 17(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24(4)﻿(c) substituted 15 April 2004 section 17(3) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24(4)﻿(ca) inserted 15 April 2004 section 17(3) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24(4)﻿(d) amended 15 April 2004 section 17(4) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24(4)﻿(e) substituted 15 April 2004 section 17(5) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24(4)﻿(f) substituted 15 April 2004 section 17(6) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24(4)﻿(h) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 24(4)﻿(h) amended 5 December 2011 section 42 Criminal Investigations (Bodily Samples) Amendment Act 2009
24A: Conditions included in compulsion order
1: Without limiting the generality of section 24(2)﻿(b)
a: it is taken by a particular method specified in the order by the Judge; and
b: an independent medical practitioner approved by the Judge has certified that the method will not cause serious harm to the health of the respondent.
2: Every suspect compulsion order and every juvenile compulsion order is, unless subsection (3) or subsection (4) or subsection (5) applies, subject to the condition that the respondent may attend to give a bodily sample at a different place, on an earlier date, or at a different place and on an earlier date than that specified in the order if, and only if, the respondent and a constable
3: If a Judge believes good reasons exist why the respondent must attend to give a bodily sample at the place, on the date, or at the place and on the date specified in the suspect compulsion order or juvenile compulsion order, the Judge may include the condition that the respondent must attend to give the sample at the place, on the date, or at the place and on the date specified in the order.
4: If a respondent is serving a sentence of imprisonment by way of home detention or a sentence of home detention imposed under section 80A section 15
a: that the respondent must give a bodily sample at the residence at which the respondent is detained or is required to remain
b: that the respondent and a constable
5: Despite subsection (4)﻿(a), a Judge may include a condition in a suspect compulsion order or juvenile compulsion order that a respondent give a sample at a place other than the residence at which the person is detained or is required to remain, if the Judge is of the view that it is necessary to do so on account of the respondent’s state of health.
6: A condition included in a suspect compulsion order or juvenile compulsion order under any of subsections (2) to (5) is subject to any condition included in the order under subsection (1). Section 24A inserted 15 April 2004 section 18 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24A(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 24A(4) amended 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 24A(4)﻿(a) amended 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 24A(4)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 24A(5) substituted 1 October 2007 section 58 Sentencing Amendment Act 2007
24B: Parent or other person having care to be notified if Police suggest variation of juvenile compulsion order
1: If a condition is included in a juvenile compulsion order under section 24A(2) constable constable
2: If a condition is included in a juvenile compulsion order under section 24A(4)﻿(b) constable constable Section 24B inserted 15 April 2004 section 18 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24B(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 24B(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
2A: Obtaining buccal sample from suspect who is child or was child when offence for which suspect may not be lawfully prosecuted committed
Part 2A inserted 15 April 2004 section 19 Criminal Investigations (Bodily Samples) Amendment Act 2003 Authority to obtain buccal sample from suspect Heading inserted 15 April 2004 section 19 Criminal Investigations (Bodily Samples) Amendment Act 2003
24C: Authority to obtain buccal sample from suspect
1: In a criminal investigation in respect of an offence committed or believed to have been committed by a suspect who is a child or was a child at the time the offence was committed and for which, in accordance with section 272 Oranga Tamariki Act 1989 Criminal Procedure Act 2011
a: both the suspect and a parent of the suspect have consented to the taking of a buccal sample under section 24G
b: the sample is taken in accordance with the procedures set out in Part 4
2: This section is subject to section 72
3: Every reference in this Part to an offence for which a suspect who is or was a child at the time the offence was committed may not be lawfully prosecuted is a reference to an offence for which, in accordance with section 272 Oranga Tamariki Act 1989 Criminal Procedure Act 2011 Section 24C replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 24C(1) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 24C(3) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Obtaining buccal sample from suspect Heading inserted 15 April 2004 section 19 Criminal Investigations (Bodily Samples) Amendment Act 2003
24D: Request to consent to taking of buccal sample from suspect
A constable Part 2A request
a: there is good cause to suspect that the suspect has committed or may have committed an
b: the suspect—
i: is under the age of 18
ii: is a person in relation to whom an application for a care or protection order section 14(1)﻿(e) Oranga Tamariki Act 1989
c: a constable Section 24D inserted 15 April 2004 section 19 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24D amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 24D(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 24D(b)﻿(i) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 24D(b)﻿(ii) amended 1 July 2019 section 43(4) Oranga Tamariki Legislation Act 2019 Section 24D(b)﻿(ii) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 24D(c) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
24E: Police obligations if Part 2A request made
If a constable
a: hand to the suspect a written notice containing the particulars specified in section 24F(b)
b: ensure that a copy of the notice is also handed to a parent of the suspect; and
c: inform the person being handed the notice or a copy of the notice in a manner and in a language that the person is likely to understand,—
i: of the offence in respect of which the request is made; and
ii: that a constable
iii: that the buccal sample may not be taken unless both the suspect and a parent of the suspect consent to the taking of the buccal sample; and
iv: that the suspect is under no obligation to give the buccal sample; and
v: that no parent of the suspect is under any obligation to consent to the taking of the buccal sample; and
vi: that if the suspect or a parent of the suspect consents to the taking of the buccal sample, he or she may, at any time before the buccal sample is taken, withdraw his or her consent to it being taken; and
vii: that the suspect and any parent of the suspect may wish to consult a lawyer before deciding whether or not to consent to the buccal sample being taken; and
viii: that the suspect or any parent of the suspect is able to consult with any person (not being a constable
ix: that the sample will be analysed and may, if it tends to confirm the suspect’s involvement in the offence, be used to make an application for a care or protection order for the suspect section 14(1)﻿(e) Oranga Tamariki Act 1989 Section 24E inserted 15 April 2004 section 19 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24E amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 24E(c)﻿(ii) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 24E(c)﻿(viii) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 24E(c)﻿(ix) amended 1 July 2019 section 43(4) Oranga Tamariki Legislation Act 2019 Section 24E(c)﻿(ix) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
24F: Form and content of notice
A notice given under section 24E(a)
a: be in the prescribed form; and
b: contain the following particulars:
i: a statement that it is believed that the suspect has or may have committed an
ii: a statement that there are reasonable grounds to believe that analysis of the buccal sample will tend to confirm or disprove the suspect’s involvement in the commission of the offence:
iii: a statement that the buccal sample may not be taken from the suspect unless both the suspect and a parent of the suspect consent to the taking of the buccal sample:
iv: a statement that the suspect is under no obligation to give the buccal sample:
v: a statement that no parent of the suspect is under any obligation to consent to the giving of the buccal sample:
vi: a statement that the suspect and any parent of the suspect may wish to consult a lawyer before consenting to the taking of the buccal sample:
vii: a statement that the suspect or any parent of the suspect is able to consult with any person (not being a constable
viii: a statement that, if the suspect or a parent of the suspect consents to the taking of the sample, he or she may, at any time before the buccal sample is taken, withdraw his or her consent to it being taken:
ix: a statement that the sample will be analysed and may, if it tends to confirm the suspect’s involvement in the offence, be used to make an application for a care or protection order for the suspect section 14(1)﻿(e) Oranga Tamariki Act 1989
x: a summary of section 49A
xi: a statement that a buccal sample may be taken in the presence of a parent:
xii: a summary of section 52A
xiii: a statement that the suspect or a parent of the suspect may request that the buccal sample be taken in the presence of a lawyer, or another person, of the suspect’s or parent’s choice:
xiv: a summary of sections 56A 59
xv: a reference to section 61A
xvi: any other particulars that may be prescribed under regulations made under this Act. Section 24F inserted 15 April 2004 section 19 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24F(b)﻿(i) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 24F(b)﻿(vii) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 24F(b)﻿(ix) amended 1 July 2019 section 43(4) Oranga Tamariki Legislation Act 2019 Section 24F(b)﻿(ix) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
24G: Consent to taking of buccal sample
1: A consent to the taking of a buccal sample as a result of a Part 2A request is valid if the consent—
a: is in writing and signed by the person giving the consent; or
b: is given orally and recorded on a video record
2: If consent is given in writing, the consent must be signified on the notice required by section 24E(a)
3: If consent is recorded on a video record video record
a: in the case of a consent given by a suspect,—
i: the making of the request to the suspect; and
ii: the handing to the suspect of the notice required by section 24E(a)
iii: the giving of consent to the taking of the buccal sample; and
b: in the case of consent given by a parent of a suspect,—
i: the handing to that person of a copy of the notice required by section 24E(b)
ii: the giving of consent to the taking of the buccal sample from the suspect. Section 24G inserted 15 April 2004 section 19 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24G(1)﻿(b) amended 27 March 2008 section 6(1) Criminal Investigations (Bodily Samples) Amendment Act 2008 Section 24G(3) amended 27 March 2008 section 6(2) Criminal Investigations (Bodily Samples) Amendment Act 2008
24H: Withdrawal of consent
1: A suspect or a suspect’s parent who has given consent to the taking of a buccal sample as a result of a Part 2A request may, at any time before the sample is taken, withdraw that consent either orally or in writing.
2: If the consent is withdrawn orally, the withdrawal must be recorded in writing by a constable Section 24H inserted 15 April 2004 section 19 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24H(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
24I: Buccal sample to be forwarded to approved agency as soon as practicable
If a buccal sample is taken as a result of a Part 2A request, the Police must ensure that the buccal sample is forwarded to an approved agency as soon as is practicable after it is taken. Section 24I inserted 15 April 2004 section 19 Criminal Investigations (Bodily Samples) Amendment Act 2003
2B: Taking bodily sample from person arrested or intended to be charged with
imprisonable offence or offence listed in Part 3 of Schedule 1 Part 2B inserted 6 September 2010 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2009 Part 2B heading amended 1 July 2019 section 43(2) Oranga Tamariki Legislation Act 2019 Part 2B heading amended 5 December 2011 section 43 Criminal Investigations (Bodily Samples) Amendment Act 2009
24J: Authority to take bodily sample from person of or over
18 imprisonable offence or offence listed in Part 3 of Schedule 1
1: A constable may require a person who is of or over the age of 18
a: the person is in the lawful custody of the Police and being detained for committing an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1
b: a constable has good cause to suspect the person of committing an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 by filing a charging document
2: The sample must be taken in accordance with the procedures set out in Part 4
3: If subsection (1)﻿(b) applies, a constable may detain the person at any place—
a: in order for the bodily sample to be taken; and
b: only for the period necessary in order for the bodily sample to be taken. Section 24J inserted 6 September 2010 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 24J heading amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 24J heading amended 1 July 2019 section 43(2) Oranga Tamariki Legislation Act 2019 Section 24J heading amended 5 December 2011 section 44(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 24J(1) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 24J(1)﻿(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 24J(1)﻿(a) amended 5 December 2011 section 44(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 24J(1)﻿(b) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 24J(1)﻿(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 24J(1)﻿(b) amended 5 December 2011 section 44(2) Criminal Investigations (Bodily Samples) Amendment Act 2009
24K: Authority to take bodily sample from young person arrested or intended to be charged with relevant offence
1: A constable may require a young person to give a bodily sample if either—
a: the person has been arrested for a relevant offence; or
b: a constable has good cause to suspect the person of committing a relevant offence and intends to bring proceedings against the person in respect of that offence by filing a charging document
2: The sample must be taken in accordance with the procedures set out in Part 4
3: If subsection (1)﻿(b) applies, a constable may detain the person at any place—
a: in order for the bodily sample to be taken; and
b: only for the period necessary in order for the bodily sample to be taken. Section 24K inserted 6 September 2010 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 24K(1)﻿(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011
24L: Relationship to Part 2
Nothing in Part 2 section 24J 24K Section 24L inserted 6 September 2010 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2009
24M: Information to be given to person
If a constable proposes to require a person to give a bodily sample under section 24J 24K
a: hand to the person a written notice containing the particulars specified in section 24N
b: inform the person in a manner and in language that the person is likely to understand—
i: what the triggering offence is; and
ii: of the effect of sections 24P 24R
iii: of the effect of sections 48A 49 49A 50A 54A
iv: that the sample will be analysed; and
v: that a DNA profile derived from the sample cannot be used as evidence in criminal proceedings; and
vi: of the effect of section 26(ab) and (ac)
vii: of the effect of section 60A Section 24M inserted 6 September 2010 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2009
24N: Form and content of notice
A notice given under section 24M
a: must be in the prescribed form; and
b: must contain the following particulars:
i: a reference to the triggering offence:
ii: a statement of the effect of sections 24P 24R
iii: a summary of the provisions of sections 48A 49 49A 50A 54A
iv: a summary of the provisions of sections 55 56 56A
v: a statement of the effect of section 26(ab) and (ac)
vi: a reference to the provisions of section 60A
vii: any other particulars that may be prescribed. Section 24N inserted 6 September 2010 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2009
24O: Part 2B temporary databank
There may be maintained (whether in computerised form or otherwise), by or on behalf of the Police, a database of DNA profiles derived from bodily samples taken under this Part. Section 24O inserted 6 September 2010 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2009
24P: Information that may be kept on Part 2B temporary databank
1: A DNA profile derived from a bodily sample taken under this Part may be stored on a Part 2B temporary databank only if—
a: the person from whom the bodily sample was taken has been charged with the triggering offence, or a related
b: circumstances have not yet arisen where—
i: records of the DNA profile must be destroyed under section 60A
ii: the DNA profile may be stored on a DNA profile databank under section 26(ab) or (ac)
2: In this section, related offence
a: a related imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 section 24J
b: a related relevant offence, if the bodily sample was taken under section 24K Section 24P inserted 6 September 2010 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 24P(1)﻿(a) amended 5 December 2013 section 5(1) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 24P(2) inserted 5 December 2013 section 5(2) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 24P(2)﻿(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019
24Q: Removal of DNA profiles from Part 2B temporary databank
When either of the circumstances in section 24P(b)﻿(i) or (ii) Section 24Q inserted 6 September 2010 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2009
24R: Access to and disclosure of information on Part 2B temporary databank
1: Subject to subsections (2) to (5), no person may have access to any information stored on a Part 2B temporary databank, and no person may disclose any of that information, except for 1 or more of the following purposes:
a: to compare with unidentified DNA information obtained from the scenes of offences under investigation or otherwise in respect of which a conviction or further conviction is yet to be obtained, for the purpose of a criminal investigation by the Police into the triggering offence or any other offence:
b: for the purpose of making the information available, in accordance with the Privacy Act 2020
c: for the purpose of administering the Part 2B temporary databank.
2: For the purposes of subsection (1)﻿(a), DNA information is unidentified if no Police investigation has established the particular person to whom the DNA information relates.
3: Nothing in this section applies in relation to information that does not identify any person.
4: Nothing in this section limits the jurisdiction of the Privacy Commissioner under the Privacy Act 2020 Part 5
5: Nothing in this section prohibits access to, or the disclosure of, any information for the purposes of—
a: any application for a compulsion order; or
b: the issuing of a databank compulsion notice or the making of a Part 3
c: the prosecution of an offence against section 77(2) Section 24R inserted 6 September 2010 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 24R(1)﻿(b) amended 1 December 2020 section 217 Privacy Act 2020 Section 24R(4) replaced 1 December 2020 section 217 Privacy Act 2020
24S: Access to and use of bodily samples taken under this Part
No person may have access to, and no person may use, any bodily sample taken from any person under this Part except for the purpose of deriving from that sample a DNA profile—
a: for the purposes of this Part; and
b: where applicable, for storage on a DNA profile databank in accordance with section 26(ab) or (ac) Section 24S inserted 6 September 2010 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2009
3: DNA profile databank
DNA profile databank
25: DNA profile databank
There may be maintained (whether in computerised form or otherwise), by or on behalf of the Police, a database of DNA profiles derived from bodily Section 25 amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003
26: Information that may be kept on DNA profile databank
Subject to sections 60 , 60A 62
a: any DNA profile derived from a bodily Part 2
i: that person is convicted of the offence in respect of which the sample is taken, or of a related offence, (unless the conviction is subsequently quashed); and
ii: the offence of which the person is convicted is an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1
ab: any DNA profile derived from a bodily sample taken from a person under Part 2B
i: that person is convicted of the triggering offence, or of a related imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1
ii: the offence of which the person is convicted is an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1
iii: in the case of a person who was a young person on the date of the offence, a sentence of imprisonment or of a non-custodial nature is imposed for the offence or the Youth Court section 283 Oranga Tamariki Act 1989
ac: any DNA profile derived from a bodily sample taken from a young person under Part 2B
i: the Youth Court section 282 Oranga Tamariki Act 1989 charge
ii: the offence in relation to which the order was made is a relevant offence, or a related offence:
b: subject to section 36 bodily Section 26 amended 6 September 2010 section 8(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 26(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 26(a)﻿(ii) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 26(a)﻿(ii) amended 5 December 2011 section 45(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 26(ab) inserted 6 September 2010 section 8(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 26(ab)﻿(i) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 26(ab)﻿(i) amended 5 December 2011 section 45(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 26(ab)﻿(ii) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 26(ab)﻿(ii) amended 5 December 2011 section 45(3) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 26(ab)﻿(iii) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 26(ab)﻿(iii) amended 1 March 2017 section 261 District Court Act 2016 Section 26(ac) inserted 6 September 2010 section 8(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 26(ac)﻿(i) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 26(ac)﻿(i) amended 1 March 2017 section 261 District Court Act 2016 Section 26(ac)﻿(i) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 26(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003
26A: Removal of certain DNA profiles from DNA profile databank
1: A DNA profile stored on a DNA profile databank must be removed from the databank and destroyed before the expiry of all fixed periods ( retention periods
2: In the case of a person's DNA profile stored under section 26(a) or (ab)
a: the person was a young person on the date of the offence; and
b: any of the following applies:
i: the Youth Court section 283 Oranga Tamariki Act 1989
ii: the Youth Court section 283(o) Oranga Tamariki Act 1989
iii: the District Court (rather than the Youth Court)
3: In the case of a profile stored under section 26(ac)
a: the person was a young person on the date of the offence; and
b: the Youth Court section 282 Oranga Tamariki Act 1989 charge
4: The retention periods and effect of certain subsequent offences are as follows: The following table is small in size and has 3 columns. Column 1 is headed Sentence or order. Column 2 is headed Retention period for order or conviction. Column 3 is headed Retention period for subsequent offence. Sentence or order Retention period for order or conviction Retention period for subsequent offence Section 26(a) or (ab) section 283(a) to (n) 10 years after date of that section 283 If a section 282 Section 26(a) or (ab) section 283(o) 10 years after date of section 283(o) If a section 282 Section 26(a) or (ab) 10 years after date of conviction If a section 282 Section 26(ac) section 282 4 years after date of section 282 If a section 283 If the person is subsequently convicted by the District Court without imprisonment during that 4-year period, a further retention period of 10 years applies and runs concurrently with the 4-year period. If another section 282
5: A person's DNA profile stored under section 26
a: if the profile is stored in relation to an offence and a court imposes a sentence of imprisonment for the offence:
b: if the profile is stored in relation to an offence and a retention period initially applies to the offence and, during that period, a subsequent order or conviction is made or entered against the person that is not specifically provided for in the third column of the table in subsection (4): Examples
During a 10-year period for a section 283 order, another section 283 order is made against the person or a conviction (with or without imprisonment) is entered against the person by any court. During a 10-year period for a conviction by the District Court During a 4-year retention period for a section 282 order, 2 further section 282 orders are made against the person.
c: in any other case (whether the person is a young person or of or over the age of 18
6: The profile must be removed from the databank no later than 10 years after the date on which the person ceases to be subject to a sentence of imprisonment in respect of the offence, or, in any other case, no later than 10 years after the date of conviction, if—
a: either—
i: the person to whom the profile relates was a young person on the date of the offence referred to in section 26(a) section 26(ab)
ii: the person to whom the profile relates was of or over 18 section 26(a) section 26(ab)
b: the conviction was for an offence that was not a relevant offence at the time of the conviction; and
c: the person has not been convicted of an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 Section 26A inserted 6 September 2010 section 9 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 26A(2)﻿(b)﻿(i) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 26A(2)﻿(b)﻿(i) amended 1 March 2017 section 261 District Court Act 2016 Section 26A(2)﻿(b)﻿(ii) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 26A(2)﻿(b)﻿(ii) amended 1 March 2017 section 261 District Court Act 2016 Section 26A(2)﻿(b)﻿(iii) amended 1 March 2017 section 261 District Court Act 2016 Section 26A(3)﻿(b) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 26A(3)﻿(b) amended 1 March 2017 section 261 District Court Act 2016 Section 26A(3)﻿(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 26A(4) replaced 1 March 2017 section 261 District Court Act 2016 Section 26A(5)﻿(b) amended 1 March 2017 section 261 District Court Act 2016 Section 26A(5)﻿(c) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 26A(6) added 5 December 2011 section 46 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 26A(6)﻿(a)﻿(ii) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 26A(6)﻿(c) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019
26B: Certain young persons may apply for removal of DNA profiles from DNA profile databank
1: This section applies to a person if,—
a: before the commencement of this section,—
i: a DNA profile of the person was taken and stored on a DNA databank under Part 2
ii: the Youth Court section 282 283 Oranga Tamariki Act 1989
b: within 10 years after the date of that order, the person is not convicted of an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1
2: The person’s DNA profile must be removed from the DNA databank and destroyed if the person applies in writing to the Commissioner requesting the removal of the profile. Section 26B inserted 6 September 2010 section 9 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 26B(1)﻿(a)﻿(ii) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 26B(1)﻿(a)﻿(ii) amended 1 March 2017 section 261 District Court Act 2016 Section 26B(1)﻿(b) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 26B(1)﻿(b) amended 5 December 2011 section 47 Criminal Investigations (Bodily Samples) Amendment Act 2009
27: Access to and disclosure of information on DNA profile databank
1: Subject to subsections (2) to (4), no person may have access to any information stored on a DNA profile databank, and no person shall disclose any such information, except for 1 or more of the following purposes:
a: for the purpose of forensic comparison in the course of a criminal investigation by the Police:
b: for the purpose of making the information available, in accordance with the Privacy Act 2020
c: for the purpose of administering the DNA profile databank:
d: for the purpose of responding to a request under the Mutual Assistance in Criminal Matters Act 1992
i: access to the information requested is authorised by the Attorney-General; and
ii: the request relates to an offence that corresponds to an offence in New Zealand that is punishable by a term of imprisonment of more than 1 year.
2: Nothing in this section applies in relation to information that does not identify any person.
3: Nothing in this section limits the jurisdiction of the Privacy Commissioner under the Privacy Act 2020 Part 5
4: Nothing in this section prohibits access to, or the disclosure of, any information for the purposes of—
a: any application for a compulsion order; or
ab: the issuing of a databank compulsion notice or the making of a Part 3 order; or
b: the prosecution of an offence against section 77(2) Section 27(1)﻿(b) amended 1 December 2020 section 217 Privacy Act 2020 Section 27(1)﻿(d) inserted 4 February 2016 section 4 Criminal Investigations (Bodily Samples) Amendment Act 2015 Section 27(3) replaced 1 December 2020 section 217 Privacy Act 2020 Section 27(4)﻿(ab) inserted 15 April 2004 section 20 Criminal Investigations (Bodily Samples) Amendment Act 2003
28: Access to and use of
bodily No person may have access to, and no person may use, any bodily
a: to which section 60(2)
b: taken from any person pursuant to this Part— except for the purpose of deriving from that sample a DNA profile for storage on a DNA profile databank. Section 28 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 28 amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Authority to obtain bodily Heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003
29: Authority to take
bodily Subject to section 72 bodily sample
a: either—
i: that person consents to the taking of that sample in accordance with section 34
ii: the sample is taken pursuant to a databank compulsion notice; and
b: the sample is taken in accordance with the procedures set out in Part 4 Section 29 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 29 amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 29(a)﻿(ii) substituted 15 April 2004 section 21 Criminal Investigations (Bodily Samples) Amendment Act 2003 Obtaining bodily Heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003
30: Request to consent to taking of
bodily
1: For the purposes of obtaining a DNA profile for storage on a DNA profile databank, a constable 18 bodily
2: On making a request under subsection (1), the constable
a: hand to the person to whom the request is made a written notice containing the particulars specified in section 31(b)
b: inform the person, in a manner and in language that the person is likely to understand,—
i: that the purpose of the request is to obtain information that will be stored on a DNA profile databank and that may be used by the Police in the investigation of criminal offences; and
ii: that the person is under no obligation to give the bodily
iii: that if the person consents to the taking of the sample, the person may, at any time before the sample is taken, withdraw that consent; and
iv: that the person may wish to consult a lawyer before deciding whether or not to consent to the taking of the sample; and
v: that the sample will be analysed, and information derived from the analysis may result in the person being charged with a criminal offence; and
vi: that, except in certain circumstances, the person may at any time withdraw that person’s consent to the use of the bodily Section 30 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 30(1) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 30(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 30(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 30(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 30(2)﻿(b)﻿(ii) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 30(2)﻿(b)﻿(vi) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003
31: Form and content of notice
Every notice given pursuant to section 30(2)﻿(a)
a: shall be in the prescribed form; and
b: shall contain the following particulars:
i: a statement setting out the purpose for which the sample is required:
ii: a statement that the person is under no obligation to give the sample:
iii: a statement that if the person consents to the taking of the sample, the person may, at any time before the sample is taken, withdraw that consent:
iv: a statement that the person may wish to consult a lawyer before deciding whether or not to consent to the taking of the sample:
v: a statement that the sample will be analysed, and information derived from that analysis may result in the person being charged with a criminal offence:
vi: a summary of the provisions of sections 48 , 49 49A
vii: a statement that the person may request that the sample be taken in the presence of a lawyer, or another person, of the person’s own choice:
viii: a summary of the provisions of sections 55 56 56A 59
ix: a summary of the provisions of section 27
x: a summary of the provisions of section 36
xi: a summary of the provisions of sections 37 38 bodily section 36
xii: such other particulars as may be prescribed. Section 31(b)﻿(vi) amended 15 April 2004 section 22(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 31(b)﻿(vii) substituted 15 April 2004 section 22(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 31(b)﻿(viii) amended 15 April 2004 section 22(3) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 31(b)﻿(xi) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003
32: Section 30 not to apply to persons under
18 Nothing in section 30 18 bodily Section 32 heading amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 32 amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 32 amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003
33: Dual requests
A databank request made to any person may be made in conjunction with a suspect request, and, in any such case,—
a: the constable sections 6(2)﻿(b) 30(2)﻿(b)
i: that he or she may consent to the taking of a bodily
ii: that if he or she consents to the taking of a bodily section 26(a)
b: in addition to handing the person the notices required by sections 6(2)﻿(a) 30(2)﻿(a) constable
i: a statement specifying the matters set out in subparagraphs (i) and (ii) of paragraph (a); and
ii: such other particulars as may be prescribed; and
c: the following provisions of this Act shall apply subject to the following modifications:
i: section 9(3)﻿(a)﻿(ii) Act and the notice required by section 33(b)
ii: section 34(3)﻿(b) Act and the notice required by section 33(b) Section 33(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 33(a)﻿(i) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 33(a)﻿(ii) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 33(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
34: Consent to taking of
bodily
1: No consent to the taking of a bodily
a: it is in writing and signed by the person giving the consent; or
b: it is given orally and recorded on a video record
2: Where any such consent is in writing, the consent shall be signified on the notice required by section 30(2)﻿(a)
3: Where any such consent is recorded on a video record video record
a: the making of the databank request to the person concerned; and
b: the handing to that person of the notice required by section 30(2)﻿(a)
c: the giving of consent to the taking of the sample.
4: Any person who gives such consent may, at any time before the sample is taken, withdraw that consent, either orally or in writing.
5: Where any such consent is withdrawn orally, that withdrawal shall be recorded in writing by a constable Section 34 heading: amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 34(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 34(1)﻿(b) amended 27 March 2008 section 7(1) Criminal Investigations (Bodily Samples) Amendment Act 2008 Section 34(3) amended 27 March 2008 section 7(2) Criminal Investigations (Bodily Samples) Amendment Act 2008 Section 34(5) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
35: Right of person in custody to consult lawyer
1: Subject to subsection (2), every person to whom a databank request is made and who is in custody is entitled to consult privately with a lawyer with respect to that request.
2: Nothing in subsection (1) prevents the taking of such measures as are reasonably necessary—
a: to prevent the person to whom the request is made from escaping; or
b: to ensure the safety of that person or any other person; or
c: to prevent that person from damaging any property.
36: Withdrawal of consent after sample taken
1: Subject to subsections (2) and (3) and to sections 37 38 section 34 bodily bodily
a: the sample; and
b: every record of any analysis of the sample carried out on behalf of any constable
c: every record, to the extent that it contains—
i: information about the sample; and
ii: particulars that are identifiable by any person as particulars identifying that information with the person from whom the sample was taken,— are destroyed as soon as practicable.
2: Nothing in subsection (1) applies in respect of any bodily bodily an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1
3: Where,—
a: a databank request has been made in conjunction with a suspect request; and
b: the person to whom the requests have been made has consented to the taking of a bodily
c: pursuant to subsection (1), the person withdraws his or her consent to the use of the bodily then, notwithstanding anything in subsection (1), that bodily Section 36(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 36(1)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 36(2) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 36(2) amended 5 December 2013 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 36(2) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 36(3) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 36(3)﻿(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 36(3)﻿(c) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003
37: Withdrawal of consent suspended
1: Where,—
a: pursuant to section 36(1) bodily
b: at the time of the withdrawal of that consent,—
i: a suspect request has been made to that person, and either that person has not refused to consent to the taking of a bodily
ii: the making of a suspect request to that person is reasonably in contemplation; or
iii: proceedings on an application under section 13
iv: the making of such an application is reasonably in contemplation; or
v: a suspect compulsion order is in force in respect of that person, but a bodily then, notwithstanding anything in section 36(1) bodily section 38
2: Where, at the time of the withdrawal of the consent, subsection (1)﻿(b)﻿(i) applies, the following provisions shall apply:
a: if a bodily section 36(1)
b: if for any reason no bodily section 36(1)
c: if, before the expiry of the period referred to in paragraph (b), an application is made under section 13
3: Where, at the time of the withdrawal of the consent, subsection (1)﻿(b)﻿(ii) applies, the following provisions shall apply:
a: if a suspect request is not made to the person within the period of 14 days after notice of the withdrawal of consent is received by the Commissioner, the withdrawal of consent shall take effect, in accordance with section 36(1)
b: if,—
i: before the expiry of the period referred to in paragraph (a), a suspect request is made to the person; and
ii: a bodily the withdrawal of consent shall take effect in accordance with section 36(1)
c: if,—
i: before the expiry of the period referred to in paragraph (a), a suspect request is made to the person; but
ii: for any reason no bodily then, subject to paragraph (d), the withdrawal of consent shall take effect, in accordance with section 36(1)
d: if, before the expiry of the period referred to in paragraph (c)﻿(ii), an application is made under section 13
4: Where, at the time of the withdrawal of the consent, subsection (1)﻿(b)﻿(iii) applies, the following provisions shall apply:
a: if—
i: the application for a suspect compulsion order (in this subsection referred to as the initial application) is withdrawn or refused; and
ii: no further application for a suspect compulsion order is made in respect of the person within the period of 28 days after the withdrawal or refusal of the application,— then the withdrawal of consent shall take effect, in accordance with section 36(1)
b: if—
i: the initial application is granted; and
ii: a bodily then the withdrawal of consent shall take effect in accordance with section 36(1)
c: if—
i: the initial application is granted; but
ii: for any reason, no bodily then section 38
d: if—
i: the initial application is withdrawn or refused; and
ii: a further application for a suspect compulsion order is made in respect of the person within the period of 28 days after the withdrawal or, as the case requires, the refusal of the initial application,— then,—
iii: if that further application is withdrawn or refused, the withdrawal of consent shall take effect in accordance with section 36(1)
iv: if that further application is granted, paragraphs (b) and (c) shall apply as if that application were the initial application.
5: Where, at the time of the withdrawal of the consent, subsection (1)﻿(b)﻿(iv) applies, the following provisions shall apply:
a: if no application is made under section 13 section 36(1)
b: if, before the expiry of the period referred to in paragraph (a), an application is made under section 13
6: Where, at the time of the withdrawal of the consent, subsection (1)﻿(b)﻿(v) applies, the following provisions shall apply:
a: if a bodily section 36(1)
b: if, for any reason, no bodily section 38 Section 37(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 37(1)﻿(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 37(1)﻿(b)﻿(i) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 37(1)﻿(b)﻿(v) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 37(2)﻿(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 37(2)﻿(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 37(3)﻿(b)﻿(ii) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 37(3)﻿(c)﻿(ii) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 37(4)﻿(b)﻿(ii) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 37(4)﻿(c)﻿(ii) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 37(6)﻿(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 37(6)﻿(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003
38: Retention of sample despite withdrawal of consent
Where subsection (4)﻿(c) or subsection (6)﻿(b) of section 37 bodily
a: sections 26(a) 60 bodily bodily Part 2
i: on the date on which the suspect compulsion order referred to in subsection (4)﻿(c) or, as the case requires, subsection (6)﻿(b) of section 37
ii: in respect of the offence to which the order relates:
b: nothing in section 61 bodily
c: the bodily
i: their destruction is required by section 60
ii: in the case of a DNA profile derived from the bodily section 26(a) but, in the meantime, no DNA profile derived from the bodily section 77(2) Section 38 amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 38(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 38(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 38(c) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 38(c)﻿(ii) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Obtaining bodily sample by databank compulsion notice Heading substituted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003
39: Issue and service of databank compulsion notice
1: A constable who is of or above the level of position of inspector
a: the person has been convicted of an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1
b: the conviction is one to which this Part applies under section 4
2: If a databank compulsion notice is issued, the Police must—
a: serve the notice on the person to whom it relates by handing the notice to the person; and
b: if that person is under the age of 18
c: explain the contents of the notice to the person being served in a manner, and in a language, that the person is likely to understand.
3: If a person in relation to whom a databank compulsion notice is issued is not detained under a sentence of imprisonment for the imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1
a: must be served on a date as soon as is reasonably practicable after the person’s conviction for the imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1
b: need not be served on a date before the person is sentenced for the imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1
c: must be served on a date that allows for the taking of a bodily sample in accordance with section 39C(3)
4: If a person in relation to whom a databank compulsion notice is issued is detained under a sentence of imprisonment for the imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 section 39C(4) Section 39 substituted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 39(1) amended 1 October 2008 section 116(b) Policing Act 2008 Section 39(1)﻿(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 39(1)﻿(a) amended 5 December 2011 section 48(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 39(2)﻿(b) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 39(3) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 39(3) amended 5 December 2011 section 48(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 39(3)﻿(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 39(3)﻿(a) amended 5 December 2011 section 48(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 39(3)﻿(b) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 39(3)﻿(b) amended 5 December 2011 section 48(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 39(4) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 39(4) amended 5 December 2011 section 48(3) Criminal Investigations (Bodily Samples) Amendment Act 2009
39A: Form and content of databank compulsion notice
1: Every databank compulsion notice must be in the prescribed form.
2: Every databank compulsion notice must contain the following particulars:
a: the offence in relation to which the notice is issued:
b: a place where, and a date on which, the person to whom the notice relates is to attend to give a bodily sample, as specified by a constable who is of or above the level of position of inspector section 39C
c: a statement that the person in relation to whom the notice is issued must attend to give a bodily sample at the place and on the date specified in the order, unless the person and a constable
d: a statement that information obtained from the bodily sample will be stored on a DNA profile databank and may be used by the Police in the investigation of criminal offences:
e: a statement that the person in relation to whom the notice is issued may request a databank compulsion notice hearing under section 41(1)
f: a summary of the grounds on which a hearing may be requested under section 41(2)
g: a summary of the provisions of sections 48 49 49A
h: a statement that, if the suspect refuses to allow a bodily sample to be taken, a sample may be taken by force under section 54(2)
i: a statement that the person may request that the sample be taken in the presence of a lawyer, or another person, of the person’s own choice:
j: a summary of the provisions of sections 55 56 56A 59
k: a summary of the provisions of section 27
l: any other particulars that may be prescribed.
3: If a databank compulsion notice is issued in relation to a person who is serving a sentence of imprisonment by way of home detention or a sentence of home detention imposed under section 80A section 15
a: the particulars in subsection (2)﻿(a) and (d) to (l); but
b: instead of the particulars in subsection (2)﻿(b) and (c), the following particulars:
i: a statement that the person must give a bodily sample at the residence at which the person is detained or is required to remain
ii: a statement that the person and a constable
4: Despite subsection (3)﻿(b)﻿(i), a constable who is of or above the level of position of inspector constable who is of or above the level of position of inspector Section 39A inserted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 39A(2)﻿(b) amended 1 October 2008 section 116(b) Policing Act 2008 Section 39A(2)﻿(c) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 39A(3) amended 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 39A(3)﻿(b)﻿(i) amended 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 39A(3)﻿(b)﻿(ii) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 39A(4) substituted 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 39A(4) amended 1 October 2008 section 116(b) Policing Act 2008
39B: Form and content of databank compulsion notice issued in relation to person under age of
18
1: Every databank compulsion notice issued in relation to a person under the age of 18
2: Every databank compulsion notice issued in relation to a person under the age of 18 section 39A(2)
a: a statement that a bodily sample may not be taken unless all reasonable steps have been taken to serve a copy of the notice on a parent or other person having the care of that person; and
b: a statement that a parent or other person having the care of that person may request a databank compulsion notice hearing under section 41(3)
c: a statement that a parent or other person having the care of the person may be present when the bodily sample is taken. Section 39B inserted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 39B heading amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 39B(1) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 39B(2) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019
39C: Date and place for taking of sample to be specified in databank compulsion notice
1: A constable who is of or above the level of position of inspector
2: If a person to whom a databank compulsion notice relates is serving a sentence of imprisonment by way of home detention or a sentence of home detention imposed under section 80A section 15 constable who is of or above the level of position of inspector constable who is of or above the level of position of inspector
3: If a person to whom a databank compulsion notice relates is not detained under a sentence of imprisonment for the
a: must be later than the 14th day after the date on which the notice is served; and
b: must be before the date 6 months after the date the person’s conviction for the
4: If the person to whom a databank compulsion notice relates is detained under a sentence of imprisonment for the
a: must be later than the 14th day after the date on which the notice is served; and
b: must be before the later of the 2 following dates:
i: the date the person is released from being detained under a sentence of imprisonment for the
ii: the date 6 months from the date on which the conviction for the Section 39C inserted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 39C(1) amended 1 October 2008 section 116(b) Policing Act 2008 Section 39C(2) substituted 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 39C(2) amended 1 October 2008 section 116(b) Policing Act 2008 Section 39C(3) amended 5 December 2013 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 39C(3)﻿(b) amended 5 December 2013 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 39C(4) amended 5 December 2013 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 39C(4)﻿(b)﻿(i) amended 5 December 2013 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 39C(4)﻿(b)﻿(ii) amended 5 December 2013 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2013
39D: Parent or other person having care to be notified if Police suggest variation of databank compulsion notice issued in relation to person under age of
18
1: If a constable section 39A(2)﻿(c) 18 constable
2: If a constable section 39A(3)﻿(b)﻿(ii) 18 constable Section 39D inserted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 39D heading amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 39D(1) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 39D(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 39D(2) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 39D(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
40: Databank compulsion notice of no effect if conviction
1: A databank compulsion notice ceases to have effect if, before a bodily sample is taken pursuant to the notice, the person’s conviction for the
2: If subsection (1) applies, a constable
a: as soon as practicable after the conviction is quashed, notify the person to whom the notice relates and, in the case of a person under the age of 18
i: the notice is of no effect; and
ii: the person to whom the notice relates is no longer required to give a bodily sample pursuant to that notice; and
iii: the notice may be disregarded; and
b: as soon as practicable after notifying the person and, if applicable, the person’s parent or other person having the care of that person, of the matters listed in paragraph (a), confirm those matters in writing. Section 40 substituted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 40 heading amended 5 December 2013 section 8(1) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 40(1) amended 5 December 2013 section 8(2) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 40(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 40(2)﻿(a) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Databank compulsion notice hearing Heading inserted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003
41: Databank compulsion notice hearing may be requested on certain grounds
1: A person served with a databank compulsion notice or required to be served with a databank compulsion notice under section 39(2) constable
2: A databank compulsion notice hearing may only be requested on 1 or more of the following grounds:
a: that—
i: the offence in relation to which the databank compulsion notice has been issued is not an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1
ii: the conviction for the
b: that the conviction for the
i: was quashed before the notice was issued; or
ii: was quashed after the notice was issued but before the sample was taken and the Police have not notified the person that the notice is of no effect under section 40(2)
c: that all 3 methods available for the taking of a bodily sample will cause serious harm to the person’s health on the date specified in the databank compulsion notice as the date on which the person to whom the notice relates is to attend to give a bodily sample:
d: that the date specified in the databank compulsion notice as the date on which the person to whom the notice relates is to attend to give a bodily sample is a date on or before the date that is 14 days after the date on which the notice was served:
e: that the date specified in the databank compulsion notice as the date on which the person to whom the notice relates is to attend to give a bodily sample is,—
i: if the person is not detained under a sentence of imprisonment for the
ii: if the person is detained under a sentence of imprisonment for the
A: the date the person is to be released from being detained under a sentence of imprisonment for the
B: the date 6 months after the date the person’s conviction for the
f: that the person to whom the databank compulsion notice relates was not served with the notice:
g: if the person in relation to whom the databank compulsion notice has been issued is under the age of 18
i: that person was not served with the notice; or
ii: that all reasonable steps have not been taken to serve the parent or other person having the care of the person with a copy of the notice.
3: If a databank compulsion notice is issued in relation to a person who is under the age of 18
4: In this section and section 41B appropriate court Section 41 substituted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 41(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 41(2)﻿(a)﻿(i) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 41(2)﻿(a)﻿(i) amended 5 December 2013 section 9(1) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 41(2)﻿(a)﻿(ii) amended 5 December 2013 section 9(2) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 41(2)﻿(b) amended 5 December 2013 section 9(3) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 41(2)﻿(e)﻿(i) amended 5 December 2013 section 9(4) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 41(2)﻿(e)﻿(ii) amended 5 December 2013 section 9(4) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 41(2)﻿(e)﻿(ii)﻿(A) amended 5 December 2013 section 9(4) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 41(2)﻿(e)﻿(ii)﻿(B) amended 5 December 2013 section 9(4) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 41(2)﻿(g) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 41(3) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 41(4) amended 5 December 2013 section 9(5) Criminal Investigations (Bodily Samples) Amendment Act 2013
41A: Form and effect of request for databank compulsion notice hearing
1: A request for a databank compulsion notice hearing—
a: must be in writing; and
b: must specify the ground or grounds listed in section 41(2)
2: If a request is made for a databank compulsion notice hearing, a bodily sample must not be taken from the person to whom the databank compulsion notice relates unless a Judge at a databank compulsion notice hearing makes a Part 3 order. Section 41A inserted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003
41B: Obligations if databank compulsion notice hearing requested
1: A constable
2: The Registrar of the court in which the notice of hearing is filed must advise the following persons of the time and place for the hearing:
a: the person to whom the notice relates:
b: if the person to whom the notice relates is under the age of 18
c: if a lay advocate has been appointed under section 326 Oranga Tamariki Act 1989
d: the constable constable Section 41B inserted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 41B(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 41B(2)﻿(b) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 41B(2)﻿(c) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 41B(2)﻿(d) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 41B(2)﻿(d) amended 1 October 2008 section 116(a)﻿(v) Policing Act 2008
41C: Appearance at databank compulsion notice hearing
1: The following persons are entitled to appear and to adduce evidence at a databank compulsion notice hearing:
a: the person to whom the databank compulsion notice relates:
b: any lawyer who represents the person to whom the databank compulsion notice relates:
c: the Police.
2: If a person to whom a databank compulsion notice relates is under the age of 18
a: any person who is a parent or other person having the care of the person to whom the databank compulsion notice relates:
b: any lawyer representing a person referred to in paragraph (a):
c: a lay advocate of the person to whom the databank compulsion notice relates, if any has been appointed under section 326 Oranga Tamariki Act 1989
d: with the leave of the Judge, any other person.
3: The provisions of sections 21 22 18 18 Section 41C inserted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 41C(2) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 41C(2)﻿(c) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 41C(3) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Part 3 orders and other orders made at databank compulsion notice hearings Heading substituted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003
42: Part 3 orders and other orders made at databank compulsion notice hearings
1: If a Judge at a databank compulsion notice hearing is satisfied that either of the grounds specified in section 41(2)﻿(a) or (b)
2: If a Judge at a databank compulsion notice hearing is satisfied that the ground specified in section 41(2)﻿(c)
a: if he or she believes on reasonable grounds that the state of the person’s health is unlikely to change, make an order that the databank compulsion notice is of no effect; or
b: if he or she believes on reasonable grounds that the taking of a bodily sample by a particular method will not cause serious harm to the person’s health if taken on a date other than the date specified in the databank compulsion notice,—
i: make a Part 3 order; and
ii: vary the notice by specifying a new date on which the person to whom a notice relates is to attend to give a bodily sample that need not be a date in accordance with the applicable date set out in section 39C(3)﻿(b) or (4)﻿(b)
iii: vary the notice to require the sample be taken by a particular method.
3: A Judge must not vary a databank compulsion notice under subsection (2)﻿(b)﻿(ii) and (iii) unless an independent medical practitioner approved by the Judge certifies that the taking of the sample by the method specified will not cause serious harm to the person’s health on the new date specified.
4: If a Judge at a databank compulsion notice hearing is satisfied that the ground specified in section 41(2)﻿(d)
a: make a Part 3 order; and
b: vary the databank compulsion notice by specifying a new date on which the person to whom the notice relates is to attend to give a bodily sample pursuant to the databank compulsion notice, being a date later than 14 days after the date on which the notice was served and in accordance with the applicable date set out in section 39C(3)﻿(b) or (4)﻿(b)
5: If a Judge at a databank compulsion notice hearing is satisfied that the ground specified in section 41(2)﻿(e)
a: if the latest permissible date that may be specified in the databank compulsion notice as the date on which the person to whom the notice relates is to attend to give a bodily sample had passed when the databank compulsion notice was served, make an order that the notice is of no effect; or
b: if the latest permissible date that may be specified in the databank compulsion notice as the date on which the person to whom the notice relates is to attend to give a bodily sample had not passed when the databank compulsion notice was served,—
i: make a Part 3 order; and
ii: vary the databank compulsion notice by specifying a new date on which the person to whom the notice relates is to attend to give a bodily sample pursuant to the notice, being a date in accordance with the applicable dates set out in section 39C(3) or (4)
6: If a Judge at a databank compulsion notice hearing is satisfied that either or both of the grounds specified in section 41(2)﻿(f) or (g)
7: If a Judge at a databank compulsion hearing is satisfied that none of the grounds specified in section 41(2)
8: This section is subject to sections 43A 43B Section 42 substituted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003
43: Judge may vary, or impose conditions on, databank compulsion notice
1: If a Judge makes a Part 3 order, the Judge may also, if the Judge considers it appropriate, do any of the following:
a: specify in the databank compulsion notice in relation to which the order is made a new place at which the person to whom the notice relates is to attend to give a bodily sample:
b: specify in the databank compulsion notice in relation to which the order is made a new date on which the person to whom the notice relates is to attend to give a bodily sample, being a date in accordance with the applicable dates set out in section 39C(3) or (4)
c: include any reasonable conditions the Judge thinks fit in the databank compulsion notice.
2: A Judge may not do anything under subsection (1) that is inconsistent with what the Judge must do under section 42
3: This section is subject to section 43A Section 43 substituted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003
43A: Change of circumstances before databank compulsion notice hearing takes place or is completed
1: Subsection (2) applies if,—
a: in the case of a person who was not detained under a sentence of imprisonment in relation to the
i: that person makes a request for a databank compulsion notice hearing on any of the grounds set out in section 41(2)
ii: before an application is made for a databank compulsion notice hearing, after an application is made but before the matter is considered by a Judge, or before consideration of the matter is complete, a date is reached that is 6 months or more since the person’s conviction for the
b: in the case of a person who was detained under a sentence of imprisonment for the
i: that person makes a request for a databank compulsion notice hearing on any of the grounds set out in section 41(2)
ii: before an application is made for a databank compulsion notice hearing, after an application is made but before the matter is considered by a Judge, or before consideration of the matter is complete, the later of the 2 following dates is reached:
A: the date of the person’s release from detention under a sentence of imprisonment for the
B: the date that is 6 months from the date on which the conviction for the
2: If this subsection applies,—
a: a databank compulsion notice hearing must take place and be completed as if the applicable date referred to in subsection (1)﻿(a)﻿(ii) or (b)﻿(ii) had not been reached; and
b: a Judge—
i: must make an appropriate order under section 42
ii: may, if applicable, vary, or include any condition in, the databank compulsion notice under section 42 section 43
3: Despite anything in this Part, if subsection (2) applies, a Judge may vary the date in a databank compulsion notice on which a person to whom the notice relates is to attend to give a bodily sample to a date that is not in accordance with the applicable date set out in section 39C(3)﻿(b) or (4)﻿(b)
4: This section is subject to section 43B Section 43A inserted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 43A(1)﻿(a) amended 5 December 2013 section 10 Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 43A(1)﻿(a)﻿(ii) amended 5 December 2013 section 10 Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 43A(1)﻿(b) amended 5 December 2013 section 10 Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 43A(1)﻿(b)﻿(ii)﻿(A) amended 5 December 2013 section 10 Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 43A(1)﻿(b)﻿(ii)﻿(B) amended 5 December 2013 section 10 Criminal Investigations (Bodily Samples) Amendment Act 2013
43B: Order that databank compulsion notice of no effect must be made in certain circumstances
1: Nothing in section 42 section 43A
a: the date specified in a databank compulsion notice by a constable who is of or above the level of position of inspector section 39C(3)﻿(a) or (4)﻿(a)
b: if the date in the notice had complied with section 39C(3)﻿(a) or (4)﻿(a)
2: If the Judge is satisfied of the matters in subsection (1)﻿(a) and (b), the Judge must make an order that a databank compulsion notice is of no effect. Section 43B inserted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 43B(1)﻿(a) amended 1 October 2008 section 116(b) Policing Act 2008 Further databank compulsion notice Heading substituted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003
44: Further databank compulsion notice
1: If a person to whom a databank compulsion notice relates has given a bodily sample pursuant to that notice, a further databank compulsion notice must not be issued in relation to that person for the same conviction without the leave of a Judge of the appropriate court on an application from a constable level of position
2: In this section, the appropriate court Section 44 substituted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 44(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 44(1) amended 1 October 2008 section 130(1) Policing Act 2008 Section 44(2) amended 5 December 2013 section 11 Criminal Investigations (Bodily Samples) Amendment Act 2013
44A: Certain matters relating to further databank compulsion notice
1: A Judge must not grant leave for a further databank compulsion notice to be issued unless he or she is satisfied that it is necessary to obtain another bodily sample from the person in relation to whom the databank compulsion notice was issued because—
a: the sample taken pursuant to the notice—
i: has been lost; or
ii: has been destroyed (other than under section 62(1) or (2)
b: a proper analysis of the sample taken pursuant to the notice has not been possible on account of the condition of that sample.
2: A Judge may refuse to grant leave to issue a further databank compulsion notice if he or she is satisfied that the taking of a further bodily sample would be vexatious or an abuse of process.
3: A Judge may grant leave for a further databank compulsion notice to be issued even if the applicable date set out in section 39C(3)﻿(b) or (4)﻿(b)
4: If a Judge grants leave for a further databank compulsion notice to be issued in the circumstances referred to in subsection (3), the constable who is of or above the level of position of inspector section 39C(3)﻿(b) or (4)﻿(b)
5: A person in relation to whom a further databank compulsion notice is issued in the circumstances referred to in subsection (3) may not request a databank compulsion hearing on the ground specified in section 41(2)﻿(e) Section 44A inserted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 44A(4) amended 1 October 2008 section 116(b) Policing Act 2008
44B: Judge to specify method of taking sample if further databank compulsion notice issued
1: If a Judge grants leave for a further databank compulsion notice to be issued, the Judge must specify the method by which a bodily sample is to be taken.
2: In determining the method by which a bodily sample is to be taken, the Judge must have regard to—
a: any view expressed by the constable constable level of position
b: any view expressed by the person to whom the notice relates regarding which of the 3 methods should be used. Section 44B inserted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 44B(2)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 44B(2)﻿(a) amended 1 October 2008 section 130(1) Policing Act 2008
4: Procedures for taking
bodily Part 4 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Attendance for purpose of taking bodily sample : Compulsion order or databank compulsion notice Heading substituted 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Heading amended 6 September 2010 section 10 Criminal Investigations (Bodily Samples) Amendment Act 2009
45AA: Date on which bodily sample to be taken
1: A bodily sample must not be taken pursuant to a compulsion order or databank compulsion notice if the date specified in the order or notice on which the person to whom the order or notice relates is to attend to give a bodily sample has passed, unless—
a: a warrant to arrest the person to whom the order or notice relates has been issued under section 45
b: the date has been varied by a Judge under section 42 section 43 section 43A section 47
2: If a person to whom a compulsion order or databank compulsion notice relates and a constable
a: the date specified in the order or notice, which may be the date as varied by a Judge under section 42 section 43 section 43A section 47
b: any other date before the date specified in the order or notice, agreed to by the person to whom the order or notice relates and a constable section 24A(2) or (4)﻿(b) section 39A(2)﻿(c) or (3)﻿(b)﻿(ii) Section 45AA inserted 15 April 2004 section 24(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 45AA(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 45AA(2)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
45: Judge may issue warrant for arrest and detention
1: To avoid doubt, in this section and section 45A
a: includes, if applicable, a date varied by a Judge under section 42 section 43 section 43A section 47
b: does not include a date varied by agreement between the person to whom the order or notice relates and a constable section 24A(2) or (4)﻿(b) section 39A(2)﻿(c) or (3)﻿(b)﻿(ii)
2: If a compulsion order is made or a databank compulsion notice is issued, a Judge of the appropriate court may, on an application made by the applicant for the order, or any other constable of or level of position section 45A(2)﻿(b)
3: For the purposes of subsection (2), the appropriate court
a: in relation to a compulsion order, the court in which the compulsion order was made; and
b: in relation to a databank compulsion notice, the court before which the person to whom the databank compulsion notice relates was sentenced for the
4: A Judge must not direct the issue of a warrant before the date specified in a compulsion order or databank compulsion notice on which the person to whom the order or notice relates is to attend to give a bodily sample, unless the Judge is satisfied by evidence given on oath—
a: that the person to whom the order or notice relates is unlikely to attend to give a bodily sample on the date specified in the order or notice, either—
i: because the person to whom the order or notice relates has absconded; or
ii: because there are reasonable grounds to believe that the person to whom the order or notice relates is about to abscond; and
b: that—
i: all reasonable steps have been taken to serve the person to whom the order relates with the order specifying the date on which the person is to attend to give the bodily sample; or
ii: the person to whom the notice relates has been served with the notice specifying the date on which the person is to attend to give the bodily sample; and
c: that, if applicable, all reasonable steps have been taken to give the person notice of the varying of the date—
i: in the order or notice under section 47
ii: in the notice under section 42 section 43 section 43A
5: A Judge must not direct the issue of a warrant on or after the date specified in a compulsion order or databank compulsion notice on which the person to whom the order or notice relates was to attend to give a bodily sample unless the Judge is satisfied by evidence given on oath—
a: that the person to whom the order or notice relates has failed to attend to give a bodily sample on the date specified in the order or notice; and
b: that—
i: all reasonable steps have been taken to serve the person to whom the order relates with the order specifying the date on which the person is to attend to give the bodily sample; or
ii: the person to whom the notice relates has been served with the notice specifying the date on which the person is to attend to give the bodily sample; and
c: that, if applicable, all reasonable steps have been taken to give the person notice of the varying of the date—
i: in the order or notice under section 47
ii: in the notice under section 42 section 43 section 43A
6: Nothing in this section requires a Judge to direct the issue of an arrest warrant if the Judge is satisfied that the person to whom a compulsion order or databank compulsion notice relates was, or will be, unable to attend to give a bodily sample on the date specified in the compulsion order or databank compulsion notice due to reasons outside that person’s control. Section 45 substituted 15 April 2004 section 24(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 45(1)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 45(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 45(2) amended 1 October 2008 section 130(1) Policing Act 2008 Section 45(2) amended 15 December 2005 section 5 Criminal Investigations (Bodily Samples) Amendment Act 2005 Section 45(3)﻿(b) amended 5 December 2013 section 12 Criminal Investigations (Bodily Samples) Amendment Act 2013
45A: Form and effect of warrant for arrest and detention
1: Every warrant issued under section 45
a: must be in the prescribed form; and
b: expires immediately after a bodily sample is taken from the person to whom the compulsion order or databank compulsion notice in relation to which the warrant is issued relates.
2: A warrant issued under section 45
a: the arrest of the person to whom the compulsion order or databank compulsion notice relates; and
b: the detention of that person for as long as is reasonably necessary to take a bodily sample from that person, but in no case longer than 24 hours.
3: A bodily sample taken pursuant to a warrant issued under section 45
4: Despite subsection (3), a bodily sample taken pursuant to a warrant need not be taken at the place, on the date, or at the place and on the date specified in the compulsion order or databank compulsion notice.
5: The power to arrest and detain a person pursuant to a warrant issued under section 45 Section 45A inserted 15 April 2004 section 24(1) Criminal Investigations (Bodily Samples) Amendment Act 2003
46: Person in custody to attend to give bodily sample
1: This section applies to a person in respect of whom a compulsion order has been made, or a databank compulsion notice has been issued, if that person is detained—
a: in the custody of the Police; or
b: in the custody of the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989
c: in custody prison
d: in a hospital under the Mental Health (Compulsory Assessment and Treatment) Act 1992 ; or
e: in a facility under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
2: A person having custody of, or responsibility for, a person to whom this section applies must cause that person to attend at the place where, and on the date on which, a bodily sample is to be taken pursuant to the compulsion order or databank compulsion notice.
3: To avoid doubt, a place where, or a date on which, a person is to attend to give a bodily sample pursuant to a compulsion order or databank compulsion notice may be, if applicable,—
a: a place or date as varied by a Judge under section 42 section 43 section 43A section 47
b: a place or date as varied by agreement between the person to whom the order or notice relates and a constable section 24A(2) section 39A(2)﻿(c)
4: An agreement reached, under section 24A(2) section 39A(2)﻿(c) constable
5: The Commissioner must meet any of the following expenses incurred by any person:
a: the expense of bringing a person to whom this section applies to the place where the bodily sample is to be taken; and
b: the expense of returning that person to the place where he or she is required to be detained.
6: The expenses referred to in subsection (5) include, but are not limited to, expenses relating to the maintenance and custody of a person to whom this section applies while he or she is absent from the place where he or she would otherwise be detained. Section 46 substituted 15 April 2004 section 24(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 46(1)﻿(b) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 46(1)﻿(c) amended 1 June 2005 section 206 Corrections Act 2004 Section 46(1)﻿(d) amended 1 September 2004 section 50(4) Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 46(1)﻿(e) added 1 September 2004 section 50(4) Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 46(3)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 46(4) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
46A: Person detained or required to remain at residence to attend to give bodily sample
1: An agreement reached, under section 24A(4)﻿(b) section 39A(3)﻿(b)﻿(ii) section 80A section 15 constable
2: Subsection (3) applies if—
a: a condition is included in a suspect compulsion order or juvenile compulsion order under section 24A(5)
b: a statement is included in a databank compulsion notice under section 39A(4)
3: If this subsection applies,—
a: the Police must, as soon as practicable, give the Department of Corrections notice of the need for the person to leave the place where he or she is detained or required to remain for the purposes of having a bodily sample taken pursuant to a compulsion order or databank compulsion notice; and
b: section 46(5) and (6) Section 46A substituted 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 46A(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
47: Variation by Judge on application of place and date for taking sample
1: If a compulsion order is made, or a databank compulsion notice is issued, a constable level of position
a: vary the date specified in the order or notice on which the person to whom the order or notice relates is to attend to give a bodily sample; or
b: vary the place specified in the order or notice where the person to whom the order or notice relates is to attend to give a bodily sample; or
c: do both of the matters referred to in paragraphs (a) and (b).
2: For the purposes of subsection (1), the appropriate court
a: in relation to a compulsion order, the court in which the compulsion order was made; and
b: in relation to a databank compulsion notice, the court before which the person to whom the databank compulsion notice relates was sentenced for the
3: An application may be made under this section at any time, whether before or after the date specified in the compulsion order or databank compulsion notice as the date on which the person to whom the order or notice relates is to attend to give a bodily sample.
4: If a place, date, or place and date is varied under subsection (1), the varied place, date, or place and date must be treated for the purposes of the relevant compulsion order or databank compulsion notice, and this Act, as the place, date, or place and date specified in the order or notice.
5: A Judge may, if he or she considers it appropriate, on an application under this section, vary a compulsion order or databank compulsion notice in any manner he or she thinks fit, including (without limitation) variation of—
a: the application of a condition included in an order under section 24A(2), (3), or (5)
b: the particulars included in a notice under section 39A(2)﻿(c) or (4)
6: To avoid doubt, an application must not be made under subsection (1) to vary a date or place, or date and place, agreed to by the person to whom the compulsion order or databank compulsion notice relates and a constable section 24A(2) section 39A(2)﻿(c) Section 47 substituted 15 April 2004 section 24(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 47(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 47(1) amended 1 October 2008 section 130(1) Policing Act 2008 Section 47(2)﻿(b) amended 5 December 2013 section 13 Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 47(6) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Procedure for taking bodily Heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003
48: Method by which bodily sample may be taken
: samples under Parts 2, 2A, and 3
1: If a bodily sample is being taken as a result of a Part 2A
2: If a bodily sample is being taken as a result of a suspect request or a databank request, or pursuant to a compulsion order or databank compulsion notice, it may, subject to subsections (3) to (5), be taken by any of the following methods:
a: venous sample:
b: fingerprick sample:
c: buccal sample.
3: In the case of a bodily sample being taken as a result of a suspect request or a databank request, the person from whom the sample is to be taken must be given an opportunity to elect which of the 3 methods referred to in subsection (2) is to be used to take the sample.
4: In the case of a bodily sample being taken pursuant to a compulsion order or a databank compulsion notice where the Judge has not specified the method by which the sample is to be taken under section 17A section 24A(1) section 42(2)﻿(b)﻿(iii) section 44B
a: he or she agrees to give a sample in compliance with the order or notice, the sample must be taken by the method he or she has chosen; or
b: he or she refuses to give a bodily sample in compliance with the order or notice, the sample, if it is taken by force under section 54(2)
5: In the case of a bodily sample being taken pursuant to a compulsion order or databank compulsion notice where the Judge has specified under section 17A section 24A(1) section 42(2)﻿(b)﻿(iii) section 44B
a: if the person agrees to give a sample in compliance with the order or notice, the sample must be taken by the method specified by the Judge; or
b: if the person refuses to give a bodily sample in compliance with the order or notice, the sample, if taken by force under section 54(2)
i: buccal sample, if the Judge has specified under section 24A(1) section 42(2)﻿(b)﻿(iii)
ii: fingerprick sample, in any other case.
6: A constable
7: If a person has been given a reasonable opportunity under subsection (3) or (4)﻿(a) to choose the method by which the sample is to be taken and has indicated that he or she has no preference as to the method by which the sample is taken, a constable
8: Section 54(2) constable Section 48 substituted 15 April 2004 section 25 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 48 heading amended 6 September 2010 section 11 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 48(6) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 48(7) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 48(8) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
48A: Method by which bodily sample may be taken: samples under Part 2B
1: If a bodily sample is being taken under Part 2B
a: fingerprick sample:
b: buccal sample.
2: The person from whom the sample is to be taken must be given an opportunity to elect which of the 2 methods referred to in subsection (1) is to be used to take the sample.
3: A constable may indicate to a person making an election under subsection (2) that the Police prefer a particular method for taking the sample.
4: The sample must be taken—
a: by the method in subsection (1) that the person has chosen; or
b: if the person has been given a reasonable opportunity to elect which of the methods in subsection (1) is to be used to take the sample and has indicated that he or she has no preference as to the method by which the sample is taken, by the method referred to in subsection (1) chosen by a constable.
5: Despite subsection (4), if reasonable force is required to take the sample, the sample must be taken by fingerprick sample. Section 48A inserted 6 September 2010 section 12 Criminal Investigations (Bodily Samples) Amendment Act 2009
49: Persons authorised to take blood samples
A blood sample taken from a person under this Act must be taken by a suitably qualified person. Section 49 substituted 15 April 2004 section 26 Criminal Investigations (Bodily Samples) Amendment Act 2003
49A: Persons authorised to take buccal samples
1: If a buccal sample is being taken pursuant to a compulsion order or databank compulsion notice or under Part 2B 18
a: take the buccal sample himself or herself under the supervision of a constable
b: have the buccal sample taken by a suitably qualified person.
2: If a buccal sample is being taken pursuant to a suspect request or a databank request from a person of or over the age of 18 constable
3: If a buccal sample is being taken under this Act from a person of or over the age of 14 years but under the age of 18
a: take the buccal sample himself or herself under the supervision of a constable
b: have the buccal sample taken by a suitably qualified person ; or
c: in the case of a sample being taken under Part 2B
4: If a buccal sample is being taken under this Act from a child, he or she may elect—
a: one of the options set out in subsection (3); or
b: to have the buccal sample taken by a parent, under the supervision of a constable
5: Despite subsections (1)﻿(a), (2), and (3)﻿(a), if a person is unable to take a buccal sample himself or herself due to disability or injury, the buccal sample must be taken by a suitably qualified person.
6: Despite subsection (4), a child who is unable to take a buccal sample himself or herself due to disability or injury may only elect to have the buccal sample taken by—
a: a parent, under the supervision of a constable
b: a suitably qualified person.
7: A bodily sample must not be taken from a child if—
a: a buccal sample is to be taken as a result of a Part 2A request; and
b: the child is unable to take the buccal sample himself or herself due to disability or injury; and
c: the child does not make an election under subsection (6). Section 49A inserted 15 April 2004 section 27 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 49A(1) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 49A(1) amended 6 September 2010 section 13(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 49A(1)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 49A(2) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 49A(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 49A(3) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 49A(3)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 49A(3)﻿(b) amended 6 September 2010 section 13(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 49A(3)﻿(c) added 6 September 2010 section 13(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 49A(4)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 49A(6)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
50: Person giving sample under
Part 2, 2A, or 3
1: A person from whom a bodily sample is taken under Part 2 2A 3
a: a lawyer, or another person, of the person’s choice; and
b: in the case of a person under the age of 18
2: The constable bodily
a: a reasonable time before that sample is to be taken, ascertain whether or not that person wishes to exercise the right conferred on that person by subsection (1) and, if so, the name of the person or persons chosen by that person pursuant to that subsection; and
b: take all reasonable steps to ensure that each person so chosen is notified—
i: that the person from whom the sample is to be taken wishes him or her to be present during the taking of the sample; and
ii: of the date on which, and the time and place at which, the sample is to be taken.
3: Notwithstanding anything in paragraph (a) of subsection (1), where a bodily 18 Section 50 heading amended 6 September 2010 section 14(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 50(1) substituted 15 April 2004 section 28 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 50(1) amended 6 September 2010 section 14(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 50(1)﻿(b) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 50(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 50(2) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 50(3) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 50(3) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003
50A: Other person must be present when young person gives sample under Part 2B
1: This section and sections 50B to 50D Part 2B
2: The young person is entitled to have the following persons present during the taking of the sample:
a: a lawyer, or another person, of the young person's choice; and
b: a parent or other person who has the care of that young person.
3: The constable responsible for arranging the taking of the bodily sample must—
a: ascertain whether the young person wishes to exercise the right conferred on that person by subsection (2); and
b: take all reasonable steps to ensure that each person chosen is notified that the young person wishes him or her to be present during the taking of the sample.
4: A person referred to in subsection (2)﻿(a) may, unless the young person objects, be chosen on the young person's behalf by a parent or other person who has the care of that young person, and in that case subsection (3) applies with all necessary modifications.
5: One of the following persons must be present during the taking of a bodily sample from a young person under Part 2B
a: a person chosen under this section by the young person or by a parent or other person who has the care of that young person:
b: a person chosen under section 50B(5)
c: a person chosen under section 50B(5)
d: a person, who is not a Police employee within the meaning of section 4 Section 50A inserted 6 September 2010 section 15 Criminal Investigations (Bodily Samples) Amendment Act 2009
50B: Further provision if other person chosen to be present not present when choice made
1: This section applies if—
a: a young person chooses under section 50A
b: any person chosen is not present when the choice is made.
2: The constable may, by notice in writing to the young person or a parent or other person who has the care of that young person, require the attendance of the young person on a date and at a time and place specified in the notice to give the bodily sample.
3: If the constable issues a notice under subsection (2), the constable must take all reasonable steps to ensure that each person chosen as described in subsection (1)﻿(a) is notified—
a: that the young person wishes him or her to be present during the taking of the sample; and
b: of the date on which, and the time and place at which, the sample is to be taken.
4: Subsection (5) applies if a constable believes, on reasonable grounds, that any person chosen as described in subsection (1)﻿(a) cannot with reasonable diligence be located or will not be available within a period of time that is reasonable in the circumstances.
5: The constable may refuse to allow the young person to have the person described in subsection (1)﻿(a) present and—
a: may give the young person or a parent or other person who has the care of that young person the opportunity to—
i: choose another person described in section 50A(2)
ii: elect that the constable choose a person who is not a Police employee within the meaning of section 4
b: if the young person or parent or other person fails or refuses to make a choice or an election under paragraph (a), may choose a person who is not a Police employee within the meaning of section 4
6: If a person chosen under subsection (5) is not present when the choice is made, the constable—
a: may, by notice in writing to the young person or a parent or other person who has the care of that young person, require the attendance of the young person on a date and at a time and place specified in the notice to give the bodily sample; and
b: if the constable issues a notice under paragraph (a), must take all reasonable steps to ensure that the person chosen is notified,—
i: if applicable, that the young person wishes him or her to be present during the taking of the sample; and
ii: of the date on which, and the time and place at which, the sample is to be taken.
7: However, if a constable believes, on reasonable grounds, that any person chosen as described in subsection (5)﻿(a)﻿(i) cannot with reasonable diligence be located or will not be available within a period of time that is reasonable in the circumstances, the constable may choose a person who is not a Police employee within the meaning of section 4 Section 50B inserted 6 September 2010 section 15 Criminal Investigations (Bodily Samples) Amendment Act 2009
50C: Judge may issue warrant for arrest and detention if young person fails to attend in accordance with notice under section 50B
1: A Judge of the appropriate court may, on application by a person described in subsection (2), issue a warrant to arrest and detain a young person until a bodily sample is taken if the Judge is satisfied that—
a: a notice was given to a young person under section 50B(2) or (6)
b: the young person failed to attend as specified in the notice to give a bodily sample.
2: A person referred to in subsection (1) is—
a: the constable who gave the notice; or
b: any other constable.
3: Nothing in this section requires a Judge to direct the issue of an arrest warrant if the Judge is satisfied that the person to whom the notice relates was unable to attend to give a bodily sample on the date specified in the notice due to reasons outside that person’s control.
4: In subsection (1), appropriate court
a: if the young person has not yet been charged for the triggering offence, the court in which the charge would be filed
b: if the young person has been charged for the triggering offence, the court in which the charge was filed Section 50C inserted 6 September 2010 section 15 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 50C(4)﻿(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 50C(4)﻿(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011
50D: Form and effect of warrant issued under section 50C
1: A warrant issued under section 50C
a: must be in the prescribed form; and
b: expires immediately after a bodily sample is taken from the person to whom the notice under section 50B notice
2: A warrant under section 50C
a: the arrest of the person to whom the notice relates; and
b: the detention of that person for as long as is reasonably necessary to take a bodily sample from that person, but in no case longer than 24 hours.
3: If a bodily sample is taken under a warrant issued under section 50C Part 2B
4: The power to arrest and detain a person under a warrant issued under section 50C Section 50D inserted 6 September 2010 section 15 Criminal Investigations (Bodily Samples) Amendment Act 2009
51: Suitably qualified persons and certain other persons Nothing in this Act—
a: compels any suitably qualified person bodily
b: compels any lawyer or person chosen under section 50(1)﻿(a) or (3) or 50A(2)﻿(a) or (4) 50B(5) or 50A(2)﻿(b)
c: compels any parent to take a buccal sample from his or her child under section 49A(3)﻿(c), (4)﻿(b), or (6)﻿(a) Section 51 heading amended 15 April 2004 section 29(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 51(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 51(a) amended 15 April 2004 section 29(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 51(b) substituted 15 April 2004 section 29(3) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 51(b) amended 6 September 2010 section 16(1)﻿(a) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 51(b) amended 6 September 2010 section 16(1)﻿(b) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 51(c) added 15 April 2004 section 29(3) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 51(c) amended 6 September 2010 section 16(2) Criminal Investigations (Bodily Samples) Amendment Act 2009
52: Who may be present when
bodily
1: No person shall be present during the taking of a bodily
a: a constable
b: the suitably qualified person who is to take the sample or the constable section 49A(4)﻿(b) or (6)﻿(a) constable
c: any person who is chosen, pursuant to subsection (1) or subsection (3) of section 50 or section 50A(2) or (4) 50B(5)
d: any person referred to in section 50(1)﻿(b) or 50A(2)﻿(b)
da: in the case of a suspect under the age of 18 Part 2A
e: where the person from whom the sample is to be taken is in custody, any person who is for the time being guarding or escorting
f: any person chosen by a constable under section 50B(5)
g: any other person who is entitled by or under this Act to be present.
2: Section 52 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 52(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 52(1)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 52(1)﻿(b) substituted 15 April 2004 section 30(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 52(1)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 52(1)﻿(c) amended 6 September 2010 section 17(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 52(1)﻿(d) amended 6 September 2010 section 17(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 52(1)﻿(da) inserted 15 April 2004 section 30(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 52(1)﻿(da) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 52(1)﻿(e) amended 15 April 2004 section 30(3) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 52(1)﻿(f) added 6 September 2010 section 17(3) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 52(1)﻿(g) added 6 September 2010 section 17(3) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 52(2) repealed 15 April 2004 section 30(4) Criminal Investigations (Bodily Samples) Amendment Act 2003
52A: Who must be present when suspect under age of
18 A suspect who is under the age of 18
a: an independent adult is present when the buccal sample is taken; and
b: the suspect has confirmed, in the presence of that independent adult, before taking the buccal sample, that he or she has elected to take a buccal sample himself or herself. Section 52A inserted 15 April 2004 section 31 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 52A heading amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 52A amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019
53: Reasonable privacy to be afforded
Subject to section 52 bodily Section 53 amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003
54: Procedure for taking bodily sample pursuant to compulsion order or databank compulsion notice
1: If a bodily sample is to be taken pursuant to a compulsion order or databank compulsion notice, a constable
a: unless the method by which the sample is to be taken has been specified by a Judge under section 17A section 24A(1) section 42(2)﻿(b)﻿(iii) section 44B
b: if the person is not a person in relation to whom a Judge has specified the method by which the sample is to be taken, inform the person that if he or she refuses to give a bodily sample, that a constable
c: if the person is a person in relation to whom a Judge has specified the method by which the sample is to be taken under section 17A section 44B section 24A(1) section 42(2)﻿(b)﻿(iii) constable
d: if he or she is a person in relation to whom a Judge has specified under section 24A(1) section 42(2)﻿(b)﻿(iii) constable
2: If a person refuses to give a bodily sample pursuant to a compulsion order or a databank compulsion notice, a constable
a: use or cause to be used reasonable force to assist a suitably qualified person to take a fingerprick sample; or
b: if a Judge has specified under section 24A(1) section 42(2)﻿(b)﻿(iii)
3: If a person who refuses to give a bodily sample is detained in a prison constable constable
4: If a constable constable Section 54 substituted 15 April 2004 section 32 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 54(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 54(1)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 54(1)﻿(c) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 54(1)﻿(d) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 54(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 54(3) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 54(3) amended 1 June 2005 section 235(1) Corrections Act 2004 Section 54(4) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
54A: Procedure for taking bodily sample under Part 2B
1: If a constable proposes to require a person to give a bodily sample under Part 2B
a: ascertain from the person whether he or she wishes the sample to be taken by way of fingerprick sample or buccal sample:
b: inform the person that if he or she refuses to give a bodily sample a constable may use or cause to be used reasonable force to assist a suitably qualified person to take a fingerprick sample.
2: If a person refuses to give a bodily sample when required to do so under Part 2B Section 54A inserted 6 September 2010 section 18 Criminal Investigations (Bodily Samples) Amendment Act 2009
55: How venous sample to be dealt with
1: Subject to any regulations made under this Act, on the taking of a venous sample pursuant to this Act, the person taking the sample shall ask the person from whom the sample is taken whether or not he or she wishes to have part of the sample for the purposes of having it analysed on his or her own behalf.
2: If the person responds in the affirmative to the question put to him or her in accordance with subsection (1),—
a: the sample shall be divided into 2 parts; and
b: each part shall be placed in a separate container, which shall then be sealed; and
c: one part of the venous sample must be delivered—
i: immediately to the person from whom it was taken; or
ii: if the person from whom the venous sample is taken is in custody (other than pursuant to a warrant issued under section 45
A: as soon as is practicable to any person nominated by that person for the purpose if the nominated person is not present when the venous sample is taken; or
B: immediately to any person nominated for the purpose if the nominated person is present when the venous sample is taken.
3: If the person responds in the negative, or fails or refuses to respond, to the question put to him or her in accordance with subsection (1), all or part of the sample shall be placed in a container, which shall then be sealed.
4: Any anti-coagulant substance may be added to any venous sample by placing it in the container, whether before or after the sample is taken and placed in the container. Section 55(2)﻿(c) substituted 15 April 2004 section 33 Criminal Investigations (Bodily Samples) Amendment Act 2003
56: How fingerprick sample to be dealt with
Subject to any regulations made under this Act, on the taking of a fingerprick sample pursuant to this Act, the person taking the sample shall—
a: place the sample in a container, which shall be sealed as soon as practicable after the sample has dried; and
b: ask the person from whom the sample is taken whether or not he or she wishes to have a second fingerprick sample taken for the purposes of having the sample analysed on his or her own behalf; and
c: if the person responds in the affirmative, take a second fingerprick sample from the person, but only with that person’s consent; and
d: deliver any second fingerprick sample—
i: immediately to that person; or
ii: if the person from whom the fingerprick sample is taken is in custody (other than pursuant to a warrant issued under section 45
A: as soon as is practicable to any person nominated by that person for the purpose if the nominated person is not present when the fingerprick sample is taken; or
B: immediately to any person nominated for the purpose if the nominated person is present when the fingerprick sample is taken. Section 56(d) substituted 15 April 2004 section 34 Criminal Investigations (Bodily Samples) Amendment Act 2003
56A: How buccal sample to be dealt with
1: This section applies to the following persons:
a: any constable
b: any suitably qualified person taking a buccal sample.
2: Any person to whom this section applies must, after the taking of a buccal sample,—
a: as soon as is practicable,—
i: seal the buccal sample in a container once it has dried; or
ii: place the buccal sample in a container in a way that allows it to dry; and
b: ask the person from whom the buccal sample was taken whether or not he or she wishes to have a second buccal sample taken for the purposes of having the buccal sample analysed on his or her own behalf; and
c: if the person responds in the affirmative,—
i: in the case of a constable
ii: in the case of a suitably qualified person, with the person’s consent take a second buccal sample or, if the person so requests, provide the person from whom the second buccal sample is to be taken with the means to take a second buccal sample himself or herself (or in the case of a buccal sample being taken from a child, if applicable, provide a parent with the means to take a second buccal sample from the child); and
d: deliver any second buccal sample—
i: immediately to that person; or
ii: if the person from whom the buccal sample was taken is in custody (other than pursuant to a warrant issued under section 45
A: as soon as is practicable to any person nominated by that person for the purpose if the nominated person is not present when the buccal sample is taken; or
B: immediately to any person nominated for the purpose if the nominated person is present when the buccal sample is taken. Section 56A inserted 15 April 2004 section 35 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 56A(1)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 56A(2)﻿(c)﻿(i) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Analysis of bodily Heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003
57: Analysis of material found at scene, etc
1: If—
a: material reasonably believed to be from, or genetically traceable to, the body of a person who committed the offence has been found or is available—
i: at the scene of the offence; or
ii: on the victim of the offence; or
iii: from within the body or from any thing coming from within the body of the victim of the offence that is reasonably believed to be associated with, or having resulted from, the commission of the offence; or
iv: on any thing reasonably believed to have been worn or carried by the victim when the offence was committed; or
v: on any person or thing reasonably believed to have been associated with the commission of the offence; and
b: a bodily Part 2
c: the person from whom the bodily then, if practicable, a part of that material sufficient for analysis shall, at the request of the person so charged, be made available to him or her or to any other person nominated by him or her.
2: Subsection (1) applies with all necessary modifications to a buccal sample taken as a result of a Part 2A request if an application is made for a care or protection order for the suspect from whom the buccal sample is taken section 14(1)﻿(e) Oranga Tamariki Act 1989 Section 57(1)﻿(a) substituted 15 April 2004 section 36(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 57(1)﻿(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 57(1)﻿(c) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 57(2) added 15 April 2004 section 36(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 57(2) amended 1 July 2019 section 43(4) Oranga Tamariki Legislation Act 2019 Section 57(2) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
58: Analysis of
bodily If any bodily constable Section 58 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 58 amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 58 amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003
59: Records of analysis to be made available
If any bodily constable
a: any record of that analysis; and
b: any record of any comparison made between that analysis and any analysis of any material of the kind referred to in section 57 shall be made available, as soon as practicable, to the person from whom the sample was taken or to his or her lawyer. Section 59 amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 59 amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Disposal of bodily Heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003
60: Disposal of
bodily
1: The Commissioner shall ensure that—
a: every bodily Part 2
b: every record of any analysis of any such bodily constable
c: every record, to the extent that it contains—
i: information about the sample; and
ii: particulars that are identifiable by any person as particulars identifying that information with the person from whom the sample was taken,— is destroyed,—
d: subject to section 61 24
e: if the person is charged with such an offence before the expiry of that period, as soon as practicable after—
i: the charge is withdrawn; or
ii: the person is acquitted of the offence,— whichever occurs first; or
f: if the person is convicted of such an offence, and the offence is not an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1
2: Subsection (2A) applies if—
a: a bodily sample is taken under Part 2
b: the person is convicted of the offence in respect of which the sample is taken, or of a related offence; and
c: the offence of which the person is convicted is an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1
2A: The Commissioner must ensure that the sample is retained only for as long as necessary to enable a DNA profile to be obtained from the sample, and is then destroyed.
3: Nothing in this section requires the destruction of any DNA profile that may lawfully be retained in a DNA profile databank.
4: Nothing in subsection (1)﻿(f) applies where the conviction for the offence is quashed on appeal and a new trial is ordered. Section 60 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 60(1)﻿(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 60(1)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 60(1)﻿(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 60(1)﻿(d) amended 6 September 2010 section 19 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 60(1)﻿(f) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 60(1)﻿(f) amended 5 December 2011 section 49(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 60(2) substituted 5 December 2011 section 49(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 60(2)﻿(c) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 60(2A) inserted 5 December 2011 section 49(2) Criminal Investigations (Bodily Samples) Amendment Act 2009
60A: Disposal of bodily samples and identifying information obtained under Part 2B
1: This section applies to—
a: a bodily sample taken under Part 2B
b: every record of any analysis of that bodily sample carried out on behalf of any constable; and
c: every record, to the extent that it contains—
i: information about the sample; and
ii: particulars that are identifiable by any person as particulars identifying that information with the person from whom the sample was taken.
2: The Commissioner must ensure that the bodily sample referred to in subsection (1)﻿(a) is destroyed as soon as practicable after a DNA profile is obtained from the sample.
3: The Commissioner must ensure that any record referred to in subsection (1)﻿(b) and (c) is destroyed,—
a: subject to section 61
b: if the person is charged with such an offence before the expiry of that period, as soon as practicable after the first of the following to occur:
i: the charge is withdrawn; or
ii: the person is acquitted of the offence.
4: Nothing in this section requires the destruction of a DNA profile that may lawfully be retained in a DNA profile databank.
5: In this section, related offence
a: a related imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 section 24J
b: a related relevant offence, if the bodily sample was taken under section 24K Section 60A inserted 6 September 2010 section 20 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 60A(3)﻿(a) amended 5 December 2013 section 14(1) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 60A(5) inserted 5 December 2013 section 14(2) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 60A(5)﻿(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019
61: Extension of period for which sample may be retained
1: On application in accordance with this section, a District Court Judge or High Court Judge
a: in respect of a bodily sample taken under Part 2 section 60(1)﻿(b) and (c)
b: in respect of records as described in section 60A(1)﻿(b) and (c)
1A: In this section, the period in section 60(1)﻿(d) section 60A(3)﻿(a) relevant period
2: An application under subsection (1)—
a: may be made only by a constable who is of or above the level of position of inspector
b: may be made at any time before the relevant period (or any current extension of the relevant period granted pursuant to this section) has expired; and
c: shall be made ex parte
3: An extension or, as the case requires, a further extension of the relevant period may be granted under this section only if the District Court Judge or High Court Judge
a: that the person from whom the bodily sample was taken has not been charged with the triggering offence, or a related
b: either of the circumstances mentioned in subsection (3A) exists.
3A: The circumstances referred to in subsection (3) are—
a: that there is still good cause to suspect that the person committed an offence referred to in subsection (3)﻿(a) and—
i: there is a good reason for the person not having been charged; and
ii: it is important to the investigation of the offence that the bodily sample, and any records that would otherwise be required to be destroyed, be retained; or
b: that—
i: there is not, or no longer, good cause to suspect that the person committed an offence referred to in subsection (3)﻿(a); but
ii: it is important to the investigation of the offence, or to criminal proceedings in relation to that offence, that the bodily sample, and any records that would otherwise be required to be destroyed, be retained.
4: An extension or, as the case requires, a further extension of the relevant period may be granted under this section—
a: for a period of not more than 6 months; or
b: where the relevant period has previously been extended for periods that amount, in the aggregate, to 1 year or more, for a period of not more than 12 months— commencing on the day after the day on which the relevant period (or, as the case requires, any current extension of the relevant period granted under this section) expires.
5: Where an application for the extension or, as the case requires, the further extension of the relevant period is duly made before the expiry of that period (or, as the case requires, of any current extension of that period granted under this section), then, until the application is determined, the sample (in the case of a sample taken under Part 2
6: In this section, related offence
a: a related imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 section 24J
b: a related relevant offence, if the bodily sample was taken under section 24K Section 61(1) substituted 6 September 2010 section 21(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 61(1) amended 14 November 2018 section 118(1) Courts Matters Act 2018 Section 61(1) amended 5 December 2011 section 50(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 61(1A) inserted 6 September 2010 section 21(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 61(2)﻿(a) amended 1 October 2008 section 116(b) Policing Act 2008 Section 61(3) substituted 6 September 2010 section 21(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 61(3) amended 14 November 2018 section 118(2) Courts Matters Act 2018 Section 61(3) amended 5 December 2011 section 50(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 61(3)﻿(a) amended 5 December 2013 section 15(1) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 61(3A) inserted 6 September 2010 section 21(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 61(5) amended 6 September 2010 section 21(3) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 61(6) inserted 5 December 2013 section 15(2) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 61(6)﻿(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019
61A: Disposal of buccal samples and identifying information obtained under Part 2A
1: The Commissioner must ensure that a buccal sample taken from a suspect as a result of a Part 2A request, and the information referred to in subsection (2), is destroyed,—
a: in a case where the results of analysis of the buccal sample do not tend to confirm the suspect’s involvement in the offence in relation to which the buccal sample was taken, as soon as practicable after the Police receive those results; or
b: in a case where the results of analysis of the buccal sample tend to confirm the suspect’s involvement in the offence in relation to which the buccal sample was taken but an application is not made for a care or protection order for the suspect section 14(1)﻿(e) Oranga Tamariki Act 1989
c: in the case where the results of analysis of the buccal sample tend to confirm the suspect’s involvement in the offence in relation to which the buccal sample was taken and an application has been made for a care or protection order for the suspect section 14(1)﻿(e) Oranga Tamariki Act 1989 (whether or not an order is made)
2: The information is—
a: every record of any analysis of the buccal sample carried out on behalf of any constable
b: every record to the extent that it contains—
i: information about the buccal sample; and
ii: particulars that are identifiable by any person as particulars identifying that information with the person from whom the buccal sample was taken. Section 61A inserted 15 April 2004 section 37 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 61A(1)﻿(b) amended 1 July 2019 section 43(4) Oranga Tamariki Legislation Act 2019 Section 61A(1)﻿(b) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 61A(1)﻿(c) amended 1 July 2019 section 43(4) Oranga Tamariki Legislation Act 2019 Section 61A(1)﻿(c) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 61A(2)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
62: Disposal of
bodily
1: Subject to subsections (3) and (4), the Commissioner shall ensure that every bodily Part 3
2: Subject to subsections (3) and (4), the Commissioner shall ensure that every bodily Part 3
3: Nothing in subsection (1) or subsection (2) authorises the retention of any bodily section 60
4: Where—
a: a bodily notice issued an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1
b: that conviction is subsequently quashed,— the Commissioner shall ensure that—
c: that bodily
d: every record of any analysis of that bodily constable
e: every record, to the extent that it contains—
i: information about that sample; and
ii: particulars that are identifiable by any person as particulars identifying that information with the person from whom the sample was taken,— are destroyed as soon as practicable after the conviction is quashed. Section 62 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 62(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 62(2) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 62(3) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 62(4)﻿(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 62(4)﻿(a) amended 5 December 2013 section 16 Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 62(4)﻿(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 62(4)﻿(a) amended 15 April 2004 section 38 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 62(4)﻿(c) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 62(4)﻿(d) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 62(4)﻿(d) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003
63: Material extracted from samples to be destroyed
Where any provision of section 60 , 60A 61A 62 bodily bodily Section 63 amended 6 September 2010 section 22 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 63 amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 63 amended 15 April 2004 section 39 Criminal Investigations (Bodily Samples) Amendment Act 2003
5: Miscellaneous provisions
Procedural and evidential provisions
64: Translation of notices
Where—
a: a notice in the prescribed form is required by section 6(2)﻿(a) , 8(2)﻿(a) 24E(a) 24N 30(2)﻿(a) 33(b)
b: the first or preferred language of that person is other than English,— then—
c: it shall be sufficient compliance with that requirement if the notice given to that person is an accurate translation of the prescribed form in the first or preferred language of that person; and
d: it shall be sufficient compliance with the requirements of section 9(2) section 24G(2) section 34(2) bodily Section 64(a) amended 6 September 2010 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 64(a) amended 15 April 2004 section 40(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 64(d) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 64(d) amended 15 April 2004 section 40(2) Criminal Investigations (Bodily Samples) Amendment Act 2003
65: No right of appeal
Subject to section 47
66: Court may dispense with service
Where any person cannot be served with notice of an application made under any provision of this Act, a Judge of the court to which the application is made may, on such terms and conditions as the Judge thinks fit, dispense with service on that person.
67: Application of Legal Services Act 2000
1: For the purposes of the Legal Services Act 2000
2:
3: Section 67 substituted 1 February 2001 section 128 Legal Services Act 2000 Section 67(2) repealed 15 April 2004 section 41 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 67(3) repealed 1 July 2011 section 144 Legal Services Act 2011
68: Standard of proof
Any question of fact to be determined by a High Court Judge or a District Court Judge or a Youth Court Judge on an application made under this Act shall be determined on the balance of probabilities.
69: Non-attendance of persons not to affect admissibility of evidence
1: No evidence obtained as a direct or indirect result of a bodily subsection (1) or subsection (3) of section 50 or section 50A(2)﻿(a) or (4) 50B(5)
a: that the person from whom the sample is to be taken wishes him or her to be present during the taking of the sample; and
b: of the date on which, and the time and place at which, the sample is to be taken.
2: This section is subject to section 50A(5) Section 69(1) amended 6 September 2010 section 24(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 69(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 69(2) added 6 September 2010 section 24(2) Criminal Investigations (Bodily Samples) Amendment Act 2009
70: Inference may be drawn from refusal to allow sample to be taken
1: Where—
a: a suspect compulsion order or a juvenile compulsion order is made in respect of any person in relation to any offence; and
b: no bodily bodily then, in any criminal proceedings against that person for that offence or a related offence,—
c: evidence may be given as to the refusal of that person to allow the taking of that bodily
d: the court or jury may draw such inferences (if any) from the fact of refusal as appear to the court or, as the case may be, the jury to be proper in the circumstances, taking into account any evidence given by or on behalf of the person who refused to consent to the taking of the bodily
2: In any proceedings in which the jury might draw an inference pursuant to subsection (1)﻿(d), the Judge or, as the case may be, the District Court Judge may tell the jury that there may be good reasons for the person’s refusal to allow the taking of a bodily 1980 No 94 s 57 1991 No 120 s 2(4) Section 70(1)﻿(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 70(1)﻿(c) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 70(1)﻿(d) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 70(2) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003
71: Information stored on DNA profile databank
or obtained under Part 2B
1: Subject to subsections (2) to (4), no DNA profile that is—
a: derived from any bodily
b: stored on a DNA profile databank— shall be admissible against that person in any criminal proceedings.
1A: Subject to subsection (4), no DNA profile that is derived from a bodily sample taken under Part 2B
2: Where a bodily Part 2
3: Nothing in subsection (1) applies in respect of any proceedings on any application for a compulsion order.
4: Nothing in subsection (1) or (1A) Section 71 heading amended 6 September 2010 section 25(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 71(1)﻿(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 71(1A) inserted 6 September 2010 section 25(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 71(2) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 71(4) amended 6 September 2010 section 25(3) Criminal Investigations (Bodily Samples) Amendment Act 2009
71A: Judge may consent to bodily sample taken under Part 2B being retained and used for evidential purposes
1: A District Court Judge or Youth Court Judge may, on application made in accordance with this section, consent to a bodily sample taken from a person under Part 2B
2: An application for consent under subsection (1)—
a: must be made by a constable; and
b: must be made before the sample concerned is analysed by or on behalf of the Police; and
c: must be in writing and contain—
i: sufficient information to fairly inform the Judge of the nature of the bodily sample, the statutory authority for taking it, and the date on which it was taken; and
ii: a statement that satisfies the Judge that the sample has not been analysed; and
iii: a statement that the constable believes the sample taken from the person would tend to confirm or disprove the person's involvement in the commission of the offence and that gives the reasons for that belief; and
d: may be made without notice.
3: If the form of an application or consent under this section is not prescribed, the form must be acceptable to the court. Section 71A inserted 6 September 2010 section 26 Criminal Investigations (Bodily Samples) Amendment Act 2009 Miscellaneous provisions
72: Other powers and abilities to take
specimens from person’s body Nothing in this Act—
a: limits or affects any other enactment relating to the taking of a bodily sample, or any other specimen from a person’s body
b: limits section 32
c: shall be taken to limit or affect the circumstances in which any specimen from a person’s body (other than a bodily sample) Section 72 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 72(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 72(b) amended 1 October 2008 section 130(4) Policing Act 2008 Section 72(c) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003
73: Consent to taking of
bodily Notwithstanding any other enactment or rule of law, no person shall be capable of consenting, on behalf of another person, to the taking of a bodily , Part 2A Section 73 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 73 amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 73 amended 15 April 2004 section 42 Criminal Investigations (Bodily Samples) Amendment Act 2003
74: Payment of lawyer appointed to represent suspect
1: Where a lawyer is appointed pursuant to section 21 section 41C(3)
a: the fees and expenses of that lawyer shall, in accordance with any regulations made under this Act, be paid by the Crown:
b: the bill of costs rendered by that lawyer shall be given to a Registrar of the court that so appointed that lawyer, and the Registrar may tax the bill of costs.
2: A lawyer who is dissatisfied with the decision of the Registrar as to the amount of the bill may, within 14 days after the date of the decision, apply to a Judge of the court that so appointed that lawyer to review the decision; and the Judge may make such order varying or confirming the decision as the Judge considers fair and reasonable.
3: Notwithstanding subsection (1), a Judge may, if he or she thinks proper, order any party to the proceedings to refund to the Crown such amount as the Judge specifies in respect of any fees and expenses paid under that subsection, and the amount ordered to be refunded shall be a debt due to the Crown by that party and shall be recoverable accordingly in any court of competent jurisdiction. 1989 No 24 s 325 Section 74(1) amended 15 April 2004 section 43 Criminal Investigations (Bodily Samples) Amendment Act 2003
75: Fees and expenses of lay advocate
Where, pursuant to section 18(3)﻿(b)﻿(vi) or section 41C(2)﻿(c) 18
a: the fees and expenses of that person in connection with that appearance shall be deemed, for the purposes of section 328A Oranga Tamariki Act 1989
b: the provisions of that section of that Act shall apply in relation to those fees and expenses accordingly. Section 75 amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 75 amended 15 April 2004 section 44 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 75(a) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
76: Information relating to
bodily
1: The Commissioner shall include, in every annual report prepared by him or her for the purposes of section 101
a: the number of occasions on which a blood sample has been taken with the consent of a person given in response to a databank request:
ab: the number of occasions on which a buccal sample has been taken with the consent of a person given in response to a databank request:
b: the number of applications for compulsion orders, with the number of each type of compulsion order stated separately:
c: the number of applications referred to in paragraph (b) that were granted, and the number that were refused:
ca: the number of occasions on which a blood sample has been taken pursuant to a compulsion order:
cb: the number of occasions on which a buccal sample has been taken pursuant to a compulsion order:
cc: the number of occasions on which a blood sample has been taken pursuant to a databank compulsion notice:
cd: the number of occasions on which a buccal sample has been taken pursuant to a databank compulsion notice:
ce: the number of—
i: databank compulsion notice hearings requested; and
ii: Part 3
d: the number of—
i: occasions on which a DNA profile obtained under a Part 2
ii: persons referred to in subparagraph (i) in respect of whom a conviction has been entered as a result of the trial:
da: the number of—
i: occasions on which a DNA profile obtained under a Part 3 Part 2
ii: suspect compulsion orders granted in respect of those applications:
e: the number of occasions on which any constable
ea: the number of occasions on which a buccal sample has been taken as a result of a Part 2A
eb: the number of occasions on which a bodily sample has been taken under Part 2B
ec: the number of occasions on which a DNA profile was derived from a bodily sample taken under Part 2B
ed: the number of occasions on which a DNA profile derived from a bodily sample taken under Part 2B section 24R(1)﻿(a)
ee: the number of occasions on which a DNA profile derived from a bodily sample taken under Part 2B
ef: the number of occasions on which a constable used reasonable force under section 54A(2)
eg: the total number of DNA profiles stored on a Part 2B
f: the total number of DNA profiles stored on a DNA profile databank at the end of the period under review, together with a breakdown of that total according to whether the bodily samples from which the DNA profiles were obtained were taken by consent or pursuant to a compulsion order or databank compulsion notice:
g: the number of occasions on which a DNA profile obtained from evidence at the scene of an offence or in connection with an offence is matched with a DNA profile obtained under a Part 2
h: the number of occasions on which a DNA profile obtained from evidence at the scene of an offence or in connection with an offence is matched with a DNA profile on the DNA profile databank obtained under a Part 3
2: The information required by subsection (1)﻿(eb) to (eg) must be provided together with a breakdown of those totals according to the ethnicity of the persons from whom the samples were taken, and the number of young persons from whom the samples were taken, so far as that information is known by the Police. 1978 No 65 s 29 Section 76 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1) amended 1 October 2008 section 130(1) Policing Act 2008 Section 76(1)﻿(ab) inserted 15 April 2004 section 45(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1)﻿(ca) inserted 15 April 2004 section 45(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1)﻿(cb) inserted 15 April 2004 section 45(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1)﻿(cc) inserted 15 April 2004 section 45(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1)﻿(cd) inserted 15 April 2004 section 45(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1)﻿(ce) inserted 15 April 2004 section 45(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1)﻿(d) substituted 15 April 2004 section 45(3) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1)﻿(da) inserted 15 April 2004 section 45(3) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1)﻿(e) substituted 15 April 2004 section 45(4) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1)﻿(e) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 76(1)﻿(ea) inserted 15 April 2004 section 45(4) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1)﻿(eb) inserted 6 September 2010 section 27(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 76(1)﻿(ec) inserted 6 September 2010 section 27(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 76(1)﻿(ed) inserted 6 September 2010 section 27(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 76(1)﻿(ee) inserted 6 September 2010 section 27(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 76(1)﻿(ef) inserted 6 September 2010 section 27(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 76(1)﻿(eg) inserted 6 September 2010 section 27(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 76(1)﻿(f) substituted 15 April 2004 section 45(5) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1)﻿(g) added 15 April 2004 section 45(5) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1)﻿(h) added 15 April 2004 section 45(5) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(2) added 6 September 2010 section 27(2) Criminal Investigations (Bodily Samples) Amendment Act 2009
77: Offences
1: Every person commits an offence and is liable on
a: for the purpose of the providing of a bodily
b: refuses to allow a bodily sample to be taken under a databank compulsion notice or under Part 2B
c: having been given a notice under section 50B Part 2B
2: Every person commits an offence and is liable on conviction
a: knowingly falsifies any DNA profile stored on a DNA profile databank , or a Part 2B
b: knowingly provides false information with the intent that it should be stored on a DNA profile databank or a Part 2B
c: knowing that he or she is not authorised to do so, adds to or deletes from a DNA profile databank , or a Part 2B
d: in contravention of section 24R or 27
i: gains or attempts to gain access to a DNA profile databank or a Part 2B
ii: discloses any information stored on a DNA profile databank or a Part 2B
e: in contravention of section 24S or 28
i: gains or attempts to gain access to a bodily
ii: uses any such bodily
3: Every person commits an offence and is liable on section 14 section 19 1976 No 19 s 29 s 59 Section 77(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 77(1)﻿(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 77(1)﻿(b) substituted 6 September 2010 section 28(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 77(1)﻿(c) added 6 September 2010 section 28(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 77(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 77(2)﻿(a) amended 6 September 2010 section 28(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 77(2)﻿(b) amended 6 September 2010 section 28(3) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 77(2)﻿(c) amended 6 September 2010 section 28(4) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 77(2)﻿(d) amended 6 September 2010 section 28(5)﻿(a) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 77(2)﻿(d)﻿(i) amended 6 September 2010 section 28(5)﻿(b) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 77(2)﻿(d)﻿(ii) amended 6 September 2010 section 28(5)﻿(b) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 77(2)﻿(e) amended 6 September 2010 section 28(6) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 77(2)﻿(e)﻿(i) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 77(2)﻿(e)﻿(ii) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 77(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
78: Breach of compulsion order
or Part 3 order No proceedings for contempt of court shall be brought in respect of any refusal or failure to comply with a compulsion order or a Part 3 Section 78 heading amended 15 April 2004 section 47(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 78 amended 15 April 2004 section 47(2) Criminal Investigations (Bodily Samples) Amendment Act 2003
79: Indemnity
1: No proceedings, civil or criminal, shall lie against any person in respect of the taking of a fingerprick or buccal section 54(2) or (3) or 54A(2)
2: Nothing in subsection (1) shall apply with respect to any proceeding on the ground of any negligent act or omission in the taking of any bodily 1962 No 135 s 58D 1988 No 170 s 7 Section 79(1) amended 6 September 2010 section 29 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 79(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 79(1) amended 15 April 2004 section 48 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 79(2) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003
80: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing procedures for the analysis of bodily
b: prescribing procedures for the storage of bodily
c: prescribing procedures relating to the undertaking of forensic comparisons, including (without limitation) procedures to ensure fairness and objectivity in the use of a DNA profile databank for the purpose of such comparisons:
d: providing for the administration of a DNA profile databank:
e: prescribing the forms of applications, notices, orders, and other documents for the purposes of this Act, and requiring the use of such forms:
f: prescribing the procedure for the service of notices and other documents for the purposes of this Act:
g: prescribing the amounts payable to any lawyer appointed pursuant to section 21 section 41C(3)
h: providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 80(1)﻿(a) amended 31 October 2003 section 49(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 80(1)﻿(b) amended 31 October 2003 section 49(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 80(1)﻿(g) amended 31 October 2003 section 49(3) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 80(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
81: Rules
1: The Governor-General may from time to time, by Order in Council, make rules regulating the practice and procedure of courts in proceedings under this Act.
2: See section 148 section 228 section 16A Section 81(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
82: Amendment to Summary Proceedings Act 1957
Section 82 repealed 15 April 2004 section 50 Criminal Investigations (Bodily Samples) Amendment Act 2003
83: Transitional provision
1: Despite the amendments made to this Act by the Criminal Investigations (Bodily Samples) Amendment Act 2003
a: a suspect request or a databank request to take a blood sample made before the commencement of section 51
b: an application for a suspect compulsion order, juvenile compulsion order, or databank compulsion order to take a blood sample made before the commencement of section 51
2: Leave may be sought to apply for a further databank compulsion order in relation to a databank compulsion order made before the commencement of section 51 Criminal Investigations (Bodily Samples) Amendment Act 2003
3: If leave is sought to apply for a further suspect compulsion order or further juvenile compulsion order in relation to a suspect compulsion order or juvenile compulsion order made before the commencement of section 51 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 83 added 15 April 2004 section 51 Criminal Investigations (Bodily Samples) Amendment Act 2003
84: Savings
The amendments made to this Act by the Criminal Investigations (Bodily Samples) Amendment Act 2003 section 51 Section 84 added 15 April 2004 section 51 Criminal Investigations (Bodily Samples) Amendment Act 2003