Criminal Investigations (Bodily Samples) Amendment Act 2013

Coat of Arms of New Zealand

Criminal Investigations (Bodily Samples) Amendment Act 2013

Public Act2013 No 112
Date of assent4 December 2013
Commencementsee section 2

The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Criminal Investigations (Bodily Samples) Amendment Act 2013.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act
4 Section 4A amended (Detained under sentence of imprisonment)
  • (1) In section 4A(1), replace a relevant offence with an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule.

    (2) In section 4A(2)(a),—

    • (a) replace a relevant offence with an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule; and

    • (b) replace the relevant offence with the offence in each place.

    (3) In section 4A(2)(b), replace a relevant offence with an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule.

    (4) In section 4A(3), replace a relevant offence with an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule.

5 Section 24P amended (Information that may be kept on Part 2B temporary databank)
  • (1) In section 24P(a), delete relevant.

    (2) In section 24P, insert as subsection (2):

    • (2) In this section, related offence means—

      • (a) a related imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule, if the bodily sample was taken under section 24J; or

      • (b) a related relevant offence, if the bodily sample was taken under section 24K.

6 Section 36 amended (Withdrawal of consent after sample taken)
  • In section 36(2), replace a relevant offence with an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule.

7 Section 39C amended (Date and place for taking of sample to be specified in databank compulsion notice)
8 Section 40 amended (Databank compulsion notice of no effect if conviction for relevant offence quashed)
9 Section 41 amended (Databank compulsion notice hearing may be requested on certain grounds)
10 Section 43A amended (Change of circumstances before databank compulsion notice hearing takes place or is completed)
11 Section 44 amended (Further databank compulsion notice)
12 Section 45 amended (Judge may issue warrant for arrest and detention)
13 Section 47 amended (Variation by Judge on application of place and date for taking sample)
14 Section 60A amended (Disposal of bodily samples and identifying information obtained under Part 2B)
  • (1) In section 60A(3)(a), delete relevant.

    (2) After section 60A(4), insert:

    • (5) In this section, related offence means—

      • (a) a related imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule, if the bodily sample was taken under section 24J; or

      • (b) a related relevant offence, if the bodily sample was taken under section 24K.

15 Section 61 amended (Extension of period for which sample may be retained)
  • (1) In section 61(3)(a), delete relevant.

    (2) After section 61(5), insert:

    • (6) In this section, related offence means—

      • (a) a related imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule, if the bodily sample was taken under section 24J; or

      • (b) a related relevant offence, if the bodily sample was taken under section 24K.

16 Section 62 amended (Disposal of bodily samples and identifying information obtained under Part 3)
  • In section 62(4)(a), replace a relevant offence with an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule.


Legislative history

19 November 2013Divided from Statutes Amendment Bill (Bill 89–2) by committee of the whole House, third reading
4 December 2013Royal assent

This Act is administered by the Ministry of Justice.