Criminal Investigations (Bodily Samples) Amendment Act 2009 Commencement Order 2011

2011/313

Coat of Arms of New Zealand

Criminal Investigations (Bodily Samples) Amendment Act 2009 Commencement Order 2011

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 12th day of September 2011

Present:
His Excellency the Governor-General in Council

Pursuant to section 2 of the Criminal Investigations (Bodily Samples) Amendment Act 2009, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

Order

1  Title
  • This order is the Criminal Investigations (Bodily Samples) Amendment Act 2009 Commencement Order 2011.

2  Commencement
  • Part 2 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 comes into force on 5 December 2011.

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order brings Part 2 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 into force on 5 December 2011. The rest of that Act came into force on 6 September 2010.

Part 2 extends the authority to take and retain bodily samples under the Criminal Investigations (Bodily Samples) Act 1995 (the principal Act). Under the amendment,—

  • the threshold for requesting a bodily sample from a suspect is lowered so that it covers any offence punishable by a term of imprisonment or described in Part 3 of the Schedule of the principal Act, rather than an indictable offence:

  • the threshold for seeking a compulsion order is similarly lowered:

  • various applications that were formerly made under the principal Act to the High Court have to be made to a District Court.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 15 September 2011.

This order is administered by the Ministry of Justice.