Hon Simon Power
Government Bill
14—2
As reported from the Justice and Electoral Committee
Commentary
Key
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 section 26A inserted
26A Removal of certain DNA profiles from DNA profile databank
9 New sections 26A and 26B inserted
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 52B inserted
52B Who must be present when young person takes own buccal sample under Part 2B
19 New section 54A inserted
54A Procedure for taking bodily sample under Part 2B
20 Disposal of bodily samples and identifying information obtained under Part 2
21 New section 60A inserted
60A Disposal of bodily samples and identifying information obtained under Part 2B
22 Extension of period for which sample may be retained
23 Material extracted from samples to be destroyed
24 Translation of notices
24A Non-attendance of persons not to affect admissibility of evidence
25 Information stored on DNA profile databank not admissible in criminal proceedings
25A New section 71A inserted
71A Judge may consent to bodily sample taken under Part 2B being retained and used for evidential purposes
26 Information relating to bodily samples to be included in annual report of Police
27 Offences
28 Indemnity
29 New Part 3 added to Schedule
29A Savings provision relating to new relevant offences
Part 2Extension of authority to take and retain bodily samples
Preliminary provision
30 Interpretation
Amendments to Part 2 of principal Act
31 Authority to take bodily sample from suspect
32 Request to consent to taking of bodily sample
33 Form and content of notice
34 Application for order authorising taking of bodily sample
35 Prohibition against publication of name of respondent
36 Information may be withheld from respondent
37 Judge may authorise bodily sample to be taken
38 Application for order authorising taking of bodily sample from person under 17
39 Judge may authorise bodily sample to be taken
40 Form and content of compulsion order
Amendments to Part 2B of principal Act
41 Part 2B heading amended
42 Authority to take bodily sample from person of or over 17 years arrested or intended to be charged with relevant offence
43 Authority to take bodily sample from young person arrested or intended to be charged with relevant offence
44 Information that may be kept on DNA profile databank
45 Removal of certain DNA profiles from DNA profile databank
45A Certain young persons may apply for removal of DNA profiles from DNA profiles databank
45B Issue and service of databank compulsion notice
46 Disposal of bodily samples and identifying information obtained under Part 2
47 Extension of period for which sample may be retained
ScheduleNew Part 3 added to Schedule
Legislative history
The Parliament of New Zealand enacts as follows: