Criminal Investigations (Bodily Samples) Act 1995

If you need more information about this Act, please contact the administering agency: Ministry of Justice

Previous title has changed

Search within this Act

Version as at 5 April 2023

Criminal Investigations (Bodily Samples) Act 1995

Public Act		1995 No 55
Date of assent		24 October 1995
Commencement		see section 1(2)

Act name: substituted, on 15 April 2004, by section 4(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Justice.

	Title
1	Short Title and commencement
	Part 1 Preliminary provisions
2	Interpretation
2A	Meaning of independent adult
2B	Transitional, savings, and related provisions
3	Act to bind the Crown
4	Application
4A	Detained under sentence of imprisonment
4B	Approval of agency to determine training criteria for dealing with, and device or other means for taking, buccal samples
	Part 2 Obtaining bodily samples from suspects
	Authority to obtain bodily sample from suspects
5	Authority to take bodily sample from suspect
5A	Relationship to Part 2B
	Obtaining bodily sample by consent
6	Request to consent to taking of bodily sample
7	Form and content of notice
8	Suspect requests to persons under 18
9	Consent to taking of bodily sample
10	Withdrawal of consent
11	Consent deemed to have been refused
12	Right of suspect in custody to consult lawyer
	Obtaining bodily sample by court order from persons 18 and over
13	Application for order authorising taking of bodily sample
14	Prohibition against publication of name of respondent
15	Information may be withheld from respondent
16	Judge may authorise bodily sample to be taken
17	Further applications for suspect compulsion order
17A	Judge to specify method of taking sample if further suspect compulsion order made
	Obtaining bodily sample by court order from persons under 18
18	Application for order authorising taking of bodily sample from person under 18
19	Prohibition against publication of name of respondent under 18
20	Sections 15, 17, and 17A to apply
21	Appointment of lawyer to represent respondent
22	Further provisions relating to appointment of lawyer for respondent
23	Judge may authorise bodily sample to be taken
	Form and content of compulsion order
24	Form and content of compulsion order
24A	Conditions included in compulsion order
24B	Parent or other person having care to be notified if Police suggest variation of juvenile compulsion order
	Part 2A Obtaining buccal sample from suspect who is child or was child when offence for which suspect may not be lawfully prosecuted committed
	Authority to obtain buccal sample from suspect
24C	Authority to obtain buccal sample from suspect
	Obtaining buccal sample from suspect
24D	Request to consent to taking of buccal sample from suspect
24E	Police obligations if Part 2A request made
24F	Form and content of notice
24G	Consent to taking of buccal sample
24H	Withdrawal of consent
24I	Buccal sample to be forwarded to approved agency as soon as practicable
	Part 2B Taking bodily sample from person arrested or intended to be charged with imprisonable offence or offence listed in Part 3 of Schedule 1
24J	Authority to take bodily sample from person of or over 18 years arrested or intended to be charged with imprisonable offence or offence listed in Part 3 of Schedule 1
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
	Part 3 DNA profile databank
	DNA profile databank
25	DNA profile databank
26	Information that may be kept on DNA profile databank
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
27	Access to and disclosure of information on DNA profile databank
28	Access to and use of bodily samples held for DNA profile databank purposes
	Authority to obtain bodily sample for DNA profile databank
29	Authority to take bodily sample for DNA profile databank
	Obtaining bodily sample by consent
30	Request to consent to taking of bodily sample
31	Form and content of notice
32	Section 30 not to apply to persons under 18
33	Dual requests
34	Consent to taking of bodily sample
35	Right of person in custody to consult lawyer
36	Withdrawal of consent after sample taken
37	Withdrawal of consent suspended
38	Retention of sample despite withdrawal of consent
	Obtaining bodily sample by databank compulsion notice
39	Issue and service of databank compulsion notice
39A	Form and content of databank compulsion notice
39B	Form and content of databank compulsion notice issued in relation to person under age of 18 years
39C	Date and place for taking of sample to be specified in databank compulsion notice
39D	Parent or other person having care to be notified if Police suggest variation of databank compulsion notice issued in relation to person under age of 18 years
40	Databank compulsion notice of no effect if conviction quashed
	Databank compulsion notice hearing
41	Databank compulsion notice hearing may be requested on certain grounds
41A	Form and effect of request for databank compulsion notice hearing
41B	Obligations if databank compulsion notice hearing requested
41C	Appearance at databank compulsion notice hearing
	Part 3 orders and other orders made at databank compulsion notice hearings
42	Part 3 orders and other orders made at databank compulsion notice hearings
43	Judge may vary, or impose conditions on, databank compulsion notice
43A	Change of circumstances before databank compulsion notice hearing takes place or is completed
43B	Order that databank compulsion notice of no effect must be made in certain circumstances
	Further databank compulsion notice
44	Further databank compulsion notice
44A	Certain matters relating to further databank compulsion notice
44B	Judge to specify method of taking sample if further databank compulsion notice issued
	Part 4 Procedures for taking bodily samples
	Attendance for purpose of taking bodily sample: Compulsion order or databank compulsion notice
45AA	Date on which bodily sample to be taken
45	Judge may issue warrant for arrest and detention
45A	Form and effect of warrant for arrest and detention
46	Person in custody to attend to give bodily sample
46A	Person detained or required to remain at residence to attend to give bodily sample
47	Variation by Judge on application of place and date for taking sample
	Procedure for taking bodily samples
48	Method by which bodily sample may be taken: samples under Parts 2, 2A, and 3
48A	Method by which bodily sample may be taken: samples under Part 2B
49	Persons authorised to take blood samples
49A	Persons authorised to take buccal samples
50	Person giving sample under Part 2, 2A, or 3 entitled to have certain other persons present
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
51	Suitably qualified persons and certain other persons, not compelled to take sample or be present
52	Who may be present when bodily sample taken
52A	Who must be present when suspect under age of 18 years takes own buccal sample for suspect request or Part 2A request
53	Reasonable privacy to be afforded
54	Procedure for taking bodily sample pursuant to compulsion order or databank compulsion notice
54A	Procedure for taking bodily sample under Part 2B
55	How venous sample to be dealt with
56	How fingerprick sample to be dealt with
56A	How buccal sample to be dealt with
	Analysis of bodily samples and other material
57	Analysis of material found at scene, etc
58	Analysis of bodily sample
59	Records of analysis to be made available
	Disposal of bodily samples
60	Disposal of bodily samples and identifying information obtained under Part 2
60A	Disposal of bodily samples and identifying information obtained under Part 2B
61	Extension of period for which sample may be retained
61A	Disposal of buccal samples and identifying information obtained under Part 2A
62	Disposal of bodily samples and identifying information obtained under Part 3
63	Material extracted from samples to be destroyed
	Part 5 Miscellaneous provisions
	Procedural and evidential provisions
64	Translation of notices
65	No right of appeal
66	Court may dispense with service
67	Application of Legal Services Act 2000
68	Standard of proof
69	Non-attendance of persons not to affect admissibility of evidence
70	Inference may be drawn from refusal to allow sample to be taken
71	Information stored on DNA profile databank or obtained under Part 2B not admissible in criminal proceedings
71A	Judge may consent to bodily sample taken under Part 2B being retained and used for evidential purposes
	Miscellaneous provisions
72	Other powers and abilities to take specimens from person’s body not affected
73	Consent to taking of bodily sample may not be given on person’s behalf
74	Payment of lawyer appointed to represent suspect
75	Fees and expenses of lay advocate
76	Information relating to bodily samples to be included in annual report of Police
77	Offences
78	Breach of compulsion order or Part 3 order not punishable as contempt
79	Indemnity
80	Regulations
81	Rules
82	Amendment to Summary Proceedings Act 1957 [Repealed]
83	Transitional provision
84	Savings
	Schedule 1AA Transitional, savings, and related provisions
	Schedule 1 Relevant offences
	Criminal Investigations (Bodily Samples) Amendment Act 2009
	Notes

An Act—

(a)

to make provision for the taking of bodily samples for use in criminal investigations; and

(b)

to authorise—

(i)

the establishment of a databank of information derived from the analysis of bodily samples taken from certain persons; and

(ii)

the use of information from that databank in criminal investigations; and

(c)

to provide for matters incidental thereto

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

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

New Zealand Legislation

List of access keys

Quick search

My recent searches

Criminal Investigations (Bodily Samples) Act 1995

Criminal Investigations (Bodily Samples) Act 1995

Note

Contents

(a)

(b)

(i)

(ii)

(c)