Criminal Investigations (Bodily Samples) Act 1995

36 Withdrawal of consent after sample taken

(1)

Subject to subsections (2) and (3) and to sections 37 and 38, where, pursuant to a consent given in accordance with section 34, a bodily sample is taken from any person, that person may at any time, by notice in writing to the Commissioner, withdraw that person’s consent to the use of that bodily sample, and in any such case the Commissioner shall ensure that—

(a)

the sample; and

(b)

every record of any analysis of the 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,—

are destroyed as soon as practicable.

(2)

Nothing in subsection (1) applies in respect of any bodily sample, or any information derived from any analysis of any bodily sample, in any case where, after the sample has been taken, the person from whom the sample was taken has been convicted of an imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1 (unless that conviction has been quashed).

(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 sample in response to both requests; and

(c)

pursuant to subsection (1), the person withdraws his or her consent to the use of the bodily sample for the purposes of the databank request,—

then, notwithstanding anything in subsection (1), that bodily sample and any information derived from any analysis of that sample may continue to be dealt with in accordance with the consent given in response to the suspect request.

Section 36(1): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 36(1)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 36(2): amended, on 1 July 2019, by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Section 36(2): amended, on 5 December 2013, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).

Section 36(2): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 36(3): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 36(3)(b): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 36(3)(c): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).