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Criminal Investigations (Bodily Samples) Amendment Act 2009 No 46, Public Act

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Criminal Investigations (Bodily Samples) Amendment Act 2009

Public Act2009 No 46
Date of assent2 November 2009
Commencementsee section 2

Contents

1 Title

2 Commencement

3 Principal Act amended

Part 1
New authority to take and retain bodily samples, and other amendments to principal Act

Preliminary provisions

4 Interpretation

5 New section 2A inserted

2A Meaning of independent adult

Amendment to Part 2 of principal Act

6 New section 5A inserted

5A Relationship to Part 2B

New authority to take bodily samples

7 New Part 2B inserted

Part 2B
Taking bodily sample from person arrested or intended to be charged with relevant offence

24J Authority to take bodily sample from person of or over 17 years arrested or intended to be charged with relevant offence

24K Authority to take bodily sample from young person arrested or intended to be charged with relevant offence

24L Relationship to Part 2

24M Information to be given to person

24N Form and content of notice

24O Part 2B temporary databank

24P Information that may be kept on Part 2B temporary databank

24Q Removal of DNA profiles from Part 2B temporary databank

24R Access to and disclosure of information on Part 2B temporary databank

24S Access to and use of bodily samples taken under this Part

Other amendments to principal Act

8 Information that may be kept on DNA profile databank

9 New sections 26A and 26B inserted

26A Removal of certain DNA profiles from DNA profile databank

26B Certain young persons may apply for removal of DNA profiles from DNA profile databank

10 Heading above section 45AA amended

11 Method by which bodily sample may be taken

12 New section 48A inserted

48A Method by which bodily sample may be taken: samples under Part 2B

13 Persons authorised to take buccal samples

14 Person giving sample entitled to have certain other persons present

15 New sections 50A to 50D inserted

50A Other person must be present when young person gives sample under Part 2B

50B Further provision if other person chosen to be present not present when choice made

50C Judge may issue warrant for arrest and detention if young person fails to attend in accordance with notice under section 50B

50D Form and effect of warrant issued under section 50C

16 Suitably qualified persons and certain other persons, not compelled to take sample or be present

17 Who may be present when bodily sample taken

18 New section 54A inserted

54A Procedure for taking bodily sample under Part 2B

19 Disposal of bodily samples and identifying information obtained under Part 2

20 New section 60A inserted

60A Disposal of bodily samples and identifying information obtained under Part 2B

21 Extension of period for which sample may be retained

22 Material extracted from samples to be destroyed

23 Translation of notices

24 Non-attendance of persons not to affect admissibility of evidence

25 Information stored on DNA profile databank not admissible in criminal proceedings

26 New section 71A inserted

71A Judge may consent to bodily sample taken under Part 2B being retained and used for evidential purposes

27 Information relating to bodily samples to be included in annual report of Police

28 Offences

29 Indemnity

30 New Part 3 added to Schedule

31 Savings provision relating to new relevant offences

Part 2
Extension of authority to take and retain bodily samples

Preliminary provision

32 Interpretation

Amendments to Part 2 of principal Act

33 Authority to take bodily sample from suspect

34 Request to consent to taking of bodily sample

35 Form and content of notice

36 Application for order authorising taking of bodily sample

37 Prohibition against publication of name of respondent

38 Information may be withheld from respondent

39 Judge may authorise bodily sample to be taken

40 Application for order authorising taking of bodily sample from person under 17

41 Judge may authorise bodily sample to be taken

42 Form and content of compulsion order

Amendments to Part 2B of principal Act

43 Part 2B heading amended

44 Authority to take bodily sample from person of or over 17 years arrested or intended to be charged with relevant offence

Other amendments to principal Act

45 Information that may be kept on DNA profile databank

46 Removal of certain DNA profiles from DNA profile databank

47 Certain young persons may apply for removal of DNA profiles from DNA profiles databank

48 Issue and service of databank compulsion notice

49 Disposal of bodily samples and identifying information obtained under Part 2

50 Extension of period for which sample may be retained

Schedule 
New Part 3 added to Schedule

Legislative history

The Parliament of New Zealand enacts as follows:

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