1 Title
2 Commencement
3 Principal Act amended
Part 1New 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 2BTaking 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 2Extension 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
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: