Criminal Investigations (Bodily Samples) Act 1995

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Part 1 Preliminary provisions

2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

appeal period, in relation to a conviction, means the period ending—

(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if an appeal against the conviction has been brought, when the appeal is finally determined or is withdrawn, whichever occurs first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 means an agency approved under section 4B(1)(a)

blood sample means a fingerprick sample or a venous sample

bodily sample or sample means a blood sample or a buccal sample

buccal sample means a sample of epithelial cells from inside the mouth taken by a device, or provided by other means, approved for the purpose under 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 (including in relation to proceedings in the Youth Court)

child means a person of or over the age of 10 years but under the age of 14 years

Commissioner means the Commissioner of Police

compulsion order means a suspect compulsion order or a juvenile compulsion order

conviction includes—

(a)

a finding, by the Youth Court, that a charge against a young person is proved; and

(b)

an acquittal on account of insanity; and

(c)

the dismissal of a charge on account of insanity; and

(d)

a finding that the person is unfit to stand trial;—

and convicted has a corresponding meaning

databank compulsion notice

(a)

means a notice issued under section 39; and

(b)

includes—

(i)

a databank compulsion notice that a Judge has varied, or included a condition on, under section 42, section 43, section 43A, or section 47; and

(ii)

a databank compulsion notice in relation to which a Part 3 order has been made

databank compulsion notice hearing means a hearing requested under section 41

databank request means a request made pursuant to section 30

detained under a sentence of imprisonment has the meaning given to it by section 4A

District Court, in sections 6(2)(b)(vii), 7(b)(viii), 13(1), 14(1)(a), 15(1), 16(1), and 18(1) and (3)(b)(vii), includes the Youth Court if the suspect or respondent is subject to the Youth Court’s jurisdiction

DNA profile, in relation to any person, means information derived from an analysis of a sample of genetic material obtained from that person, being information—

(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 means a databank established pursuant to section 25

fingerprick sample means a sample of capillary blood taken, in accordance with normal medical procedures, from the tip of a finger or thumb

forensic comparison means the comparison of a DNA profile stored in a DNA profile databank with another DNA profile, where that comparison is undertaken for the purpose of confirming or disproving the involvement of any person in the commission of an offence

imprisonable offence means an offence punishable by a term of imprisonment; and includes an offence punishable by imprisonment for life

independent adult has the meaning given to it in section 2A

juvenile compulsion order means an order made under section 23

lawyer has the meaning given to it by section 6 of the Lawyers and Conveyancers Act 2006

medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of general nursing functions

parent, in relation to a person who is under the age of 17 years,—

(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 sample from that person under this Act, includes a person in New Zealand who is acting in the place of a parent of that person

Part 2A request means a request made under section 24D

Part 2B temporary databank means a database maintained under section 24O

Part 3 order means an order made by a Judge requiring a bodily sample to be taken pursuant to a databank compulsion notice

prison officer means an officer as defined in section 3(1) of the Corrections Act 2004

relevant offence means—

(a)

an offence against any of the provisions listed in Part 1 of the Schedule; or

(b)

an offence against any of the provisions listed in Part 2 of the Schedule; or

(ba)

an offence against any of the provisions listed in Part 3 of the Schedule; or

(c)

an attempt to commit an offence against any of the provisions listed in Part 1, 2, or 3 of the Schedule if the offence is not itself specified as an attempt; or

(d)

conspiring with any person to commit an offence against any of the provisions listed in Part 1, 2, or 3 of the Schedule if the offence is not itself specified as a conspiracy; or

(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, in relation to an application for a compulsion order, means the person to whom the application relates

specified date means—

(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 and 62 by the Governor-General by Order in Council,—

whichever is the later

suitably qualified person means, in relation to—

(a)

a blood sample,—

(i)

a medical practitioner; or

(ii)

a nurse; or

(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, in relation to an offence, means any person whom it is believed has or may have committed that offence, whether or not—

(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 means an order made under section 16

suspect request means a request made pursuant to section 6

triggering offence means the particular offence that has triggered the authority to take a bodily sample under section 24J or, as the case may be, section 24K in a given case

venous sample means a sample of venous blood taken in accordance with normal medical procedures

video record has the same meaning as in section 4 of the Evidence Act 2006

young person means a person of or over 14 years of age but under 17 years of age.

(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.

Section 2(1) approved agency: inserted, on 15 April 2004, by section 5(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 2(1) blood sample: inserted, on 15 April 2004, by section 5(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 2(1) blood sample or sample: repealed, on 15 April 2004, by section 5(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 2(1) bodily sample or sample: inserted, on 15 April 2004, by section 5(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 2(1) buccal sample: inserted, on 15 April 2004, by section 5(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 2(1) charged: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 2(1) charged: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 2(1) child: inserted, on 15 April 2004, by section 5(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 2(1) compulsion order: amended, on 15 April 2004, by section 5(3) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 2(1) conviction paragraph (a): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 2(1) conviction paragraph (c): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 2(1) conviction paragraph (c): amended, on 1 September 2004, by section 50(2) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

Section 2(1) conviction paragraph (d): added, on 1 September 2004, by section 50(2) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

Section 2(1) databank compulsion notice: inserted, on 15 April 2004, by section 5(4) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 2(1) databank compulsion notice hearing: inserted, on 15 April 2004, by section 5(4) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 2(1) databank compulsion order: repealed, on 15 April 2004, by section 5(4) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 2(1) detained under a sentence of imprisonment: inserted, on 15 April 2004, by section 5(5) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 2(1) District Court: inserted, on 5 December 2011, by section 32 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).

Section 2(1) District Court: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 2(1) home detention: repealed, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

Section 2(1) imprisonable offence: inserted, on 5 December 2011, by section 32 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).

Section 2(1) independent adult: substituted, on 6 September 2010, by section 4(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).

Section 2(1) indictable offence: repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 2(1) lawyer: substituted, on 1 August 2008, by section 348 of the Lawyers and Conveyancers Act 2006 (2006 No 1).

Section 2(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) nurse: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) parent paragraph (b): substituted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 2(1) parent paragraph (c): amended, on 15 April 2004, by section 5(8) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 2(1) Part 2A request: inserted, on 15 April 2004, by section 5(9) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 2(1) Part 2B temporary databank: inserted, on 6 September 2010, by section 4(3) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).

Section 2(1) Part 3 order: inserted, on 15 April 2004, by section 5(9) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 2(1) prison officer: substituted, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 2(1) relevant offence: substituted, on 15 April 2004, by section 5(10) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 2(1) relevant offence paragraph (ba): inserted, on 6 September 2010, by section 4(4) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).

Section 2(1) relevant offence paragraph (c): amended, on 6 September 2010, by section 4(5) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).

Section 2(1) relevant offence paragraph (d): amended, on 6 September 2010, by section 4(5) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).

Section 2(1) suitably qualified person: inserted, on 15 April 2004, by section 5(11) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 2(1) suitably qualified person paragraph (a)(ii): amended, on 15 December 2005, by section 3 of the Criminal Investigations (Bodily Samples) Amendment Act 2005 (2005 No 98).

Section 2(1) triggering offence: inserted, on 6 September 2010, by section 4(6) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).

Section 2(1) video record: added, on 27 March 2008, by section 4 of the Criminal Investigations (Bodily Samples) Amendment Act 2008 (2008 No 9).

Section 2(1) young person: added, on 6 September 2010, by section 4(6) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).