To [full name of person to whom this databank compulsion notice relates]
You are required to give a bodily sample for a DNA profile databank because you have been convicted of the offence of [specify offence], which is an imprisonable offence or an offence against any of the provisions listed in Part 3 of Schedule 1 of the Criminal Investigations (Bodily Samples) Act 1995.
This notice is issued by [name of constable of or above the level of position of inspector who is issuing this notice] who is stationed at [name place].
You must attend to give a bodily sample (or if this is a further databank compulsion notice then insert the type of bodily sample to be taken that has been specified by the Judge)—
at [specify place] on [specify date] unless you and a constable agree to vary the place or vary the date to an earlier date, or both.
Note: If you are detained in custody (in a manner referred to in section 46(1) of the Criminal Investigations (Bodily Samples) Act 1995 (for example, in a prison)), an agreement reached between you and the Police to vary the date, place, or date and place for the taking of the bodily sample is of no effect unless it has been approved by the person who has the custody of, or responsibility for, you.
[If the person to whom this notice relates is serving a sentence by way of home detention] |
| (a) | at the place where you are detained on home detention being [specify address], which may not be varied by agreement between you and the Police; and |
| (b) | on [specify date] unless you and a constable agree to vary that date to an earlier date (which must be approved by your supervising probation officer). |
[If the person to whom this notice relates is serving a sentence by way of home detention, but because of the person’s state of health the constable issuing this notice is of the view that it is necessary for the person to give the sample at a place other than where the person is detained] |
| (a) | at [specify place], being a place other than the residence at which you are detained on home detention, which may not be varied by agreement with the Police; and |
| (b) | on [specify date], unless you and a constable agree to vary that date to an earlier date (which must be approved by your supervising probation officer). |
Read the following carefully—it contains important information you should know |
If there is anything you do not understand about this notice, talk to your lawyer |
What can I or my parent do if we think this notice is incorrect?
If there is any matter that you or your parent* or the person who has the care of you wish to bring to the attention of the Police (for example, you have never been convicted of an offence) call the number at the end of this notice and ask to speak to the constable who issued this notice.
If you or your parent, or the person who has the care of you, do not think the correct procedure has been followed by the Police, you or your parent, or the person who has the care of you, may request a databank compulsion notice hearing before the date specified at the beginning of this notice.
*For the purposes of this notice, a parent— (a) means a parent or guardian; and (b) includes a step-parent; and (c) includes, if no parent or guardian can be found with reasonable diligence or is capable of consenting to the taking of a bodily sample, a person in New Zealand who is acting in the place of a parent. |
You or your parent, or the person who has the care of you, may request a databank compulsion notice hearing under section 41(1) and (3) of the Criminal Investigations (Bodily Samples) Act 1995 on any of the following grounds:
the offence in relation to which this notice has been issued is not an imprisonable offence or an offence against any of the provisions in Part 3 of Schedule 1 of the Criminal Investigations (Bodily Samples) Act 1995:
the conviction for the offence in relation to which this notice has been issued is not a conviction to which Part 3 of the Criminal Investigations (Bodily Samples) Act 1995 applies:
the conviction for the offence in relation to which this notice has been issued—
was quashed before this notice was issued; or
was quashed after this notice was issued but the bodily sample has not yet been taken and the Police have not notified you that the notice is of no effect:
that all 3 methods available for the taking of a bodily sample (buccal sample (mouth swab), blood sample from a vein, blood sample from a fingerprick) will cause serious harm to your health if taken on the date specified at the beginning of this notice on which you must attend to give a bodily sample:
that the date specified at the beginning of this notice on which you must attend to give a bodily sample is a date on or before the date that is 14 days after the date on which this notice was served on you:
that the date specified at the beginning of this notice on which you must attend to give a bodily sample is,—
if you are not detained under a sentence of imprisonment (as defined in section 4A of the Criminal Investigations (Bodily Samples) Act 1995) for the offence in relation to which this notice is issued at the time this notice is served, a date that is on or after the date 6 months after the date of which conviction for the offence to which this notice relates was entered; or
if you are detained under a sentence of imprisonment for the offence in relation to which this notice is issued at the time this notice is served, a date that is on or after the later of the 2 following dates:
the date you are released from being detained under a sentence of imprisonment for the offence to which this notice relates; or
the date 6 months after the date your conviction for the offence to which this notice relates was entered:
you were not served with this notice:
that all reasonable steps have not been taken to serve one of your parents or the person who has the care of you with a copy of this notice.
How will the bodily sample be taken?
Unless a Judge has specified the method by which a bodily sample is to be taken you may choose whether you want the bodily sample to be taken by any of the following methods:
a buccal sample (a mouth swab); or
a blood sample from a vein; or
a blood sample from a fingerprick (taken from the tip of your finger or thumb).
If a Judge has not specified the method by which the bodily sample is to be taken, the Police may tell you that they prefer that the bodily sample be taken by a particular method, but the final decision is yours. However, if you do not choose a particular method and you do not have a preference as to which method is to be used, the Police may choose a method for the taking of the bodily sample.
If you agree to give a bodily sample in compliance with this notice, the sample will be taken by the method you choose (or specified by the Judge).
What will the bodily sample be used for?
Your bodily sample will be—
analysed on behalf of the Police to obtain a DNA profile; and
the DNA profile will be stored on a DNA profile databank maintained by or on behalf of the Police.
Who will take the bodily sample?
The answer to this differs depending on the method you choose (or a Judge has specified) for the taking of the bodily sample.
Buccal sample (mouth swab)
If you choose (or a Judge has specified) a buccal sample (mouth swab) you may—
take a mouth swab yourself under the supervision of a constable*; or
have a mouth swab taken by a suitably qualified person (being a medical practitioner, nurse, medical technologist, or phlebotomist); or
if you are under the age of 14 years, have a mouth swab taken by a parent, under the supervision of a constable.
*If you have a disability or injury that means you are unable to take a mouth swab yourself, the mouth swab must be taken by a suitably qualified person or, if you are under the age of 14 years, you may choose whether the mouth swab is to be taken by a suitably qualified person or by a parent. |
Blood sample from vein
If you choose (or a Judge has specified) a blood sample from a vein, it must be taken by a suitably qualified person.
Blood sample from fingerprick
If you choose (or a Judge has specified) a blood sample taken from a fingerprick, it must be taken by a suitably qualified person.
Can I be forced to give a bodily sample?
If you refuse to give a bodily sample in compliance with this notice, a constable may use or cause to be used reasonable force to assist a suitably qualified person to take a bodily sample. If you are in a prison, a prison officer may also assist the constable.
If force is used, the sample will be taken by a blood sample from a fingerprick.
What if my parent or the person who has the care of me is not notified?
A bodily sample must not be taken unless all reasonable steps have been taken to serve a copy of this notice on your parent or the person who has the care of you.
Can I have someone with me when I give the bodily sample?
Yes, you may have a parent, or the person who has the care of you, with you when the bodily sample is taken.
You may also have the bodily sample taken in the presence of one other person of your choice. That person may be your lawyer, but it may be any other person. You may choose that person yourself or have your parent, or the person who has the care of you, choose for you.
What information will I get about the analysis done on behalf of the Police?
When the bodily sample has been analysed on behalf of the Police, a copy of the record of that analysis will be made available to you or your lawyer.
Is it against the law to refuse to give a bodily sample?
Yes, if you refuse to allow a bodily sample to be taken and as a result no sample is taken, you are committing an offence. The offence carries a maximum penalty of 3 months’ imprisonment or a fine of $2,000, or both.
Can I get my own analysis done?
Yes, but if you do want your own analysis done, you have to make your own arrangements for this. The procedure for getting a sample for your own analysis differs depending on which method you choose (or a Judge has specified) for the taking of the bodily sample.
Buccal sample (mouth swab) taken by you (or by parent if you are under the age of 14 years)
If you choose (or a Judge has specified) a mouth swab and you choose to take it yourself (or to have it taken by a parent), you will be asked by the constable who supervises you (or your parent) taking the mouth swab whether you want to take (or have your parent take) another mouth swab to have your own analysis done.
If you do want to take (or have your parent take) another mouth swab—
a constable will give you (or your parent) the means to take a second mouth swab; and
the buccal sample will be given to you or, if you are in custody, to a person you have nominated.
Buccal sample (mouth swab) taken by suitably qualified person
If you choose (or a Judge has specified) a mouth swab and you choose to have it taken by a suitably qualified person (or a mouth swab is taken by a suitably qualified person because you have a disability or injury that means you are unable to take a mouth swab yourself), you will be asked by the suitably qualified person who takes the mouth swab whether you want to have another mouth swab taken in order to have your own analysis done.
If you do want another mouth swab taken—
the suitably qualified person will take another mouth swab from you, or if you choose (and you do not have a disability or injury that means you are unable to take a mouth swab yourself) will give you the means to take a second mouth swab yourself (or if you are under the age of 14 years and choose, give your parent the means to take a second mouth swab); and
the buccal sample will be given to you or, if you are in custody, to a person you have nominated.
Blood sample from vein
If you choose (or a Judge has specified) a blood sample from a vein, you will be asked by the suitably qualified person who takes the blood sample whether you want to have part of the blood sample in order to have your own analysis done. If you do want to have your own analysis done, the sample will be divided into 2 parts. One part of the blood sample will be given to you or, if you are in custody, to a person you have nominated.
Blood sample from fingerprick
If you choose (or a Judge has specified) a blood sample from a fingerprick, you will be asked by the suitably qualified person who takes the fingerprick sample whether you want to have another fingerprick sample taken in order to have your own analysis done.
If you do want another fingerprick sample taken—
the suitably qualified person will take another fingerprick sample; and
the blood sample will be given to you or, if you are in custody, to a person you have nominated.
How is the bodily sample dealt with once it is taken?
The answer to this differs depending on which method you choose (or a Judge has specified) for the taking of the bodily sample.
Buccal sample (mouth swab)
In this situation the constable who supervises you (or your parent) taking a mouth swab or the suitably qualified person who takes the mouth swab will—
seal the buccal sample in a container once it has dried; or
place it in a container in a way that allows it to dry.
Blood sample from vein
In this situation the suitably qualified person who takes the blood sample from a vein will place it in a sealable container and may add a substance to it to ensure the blood remains in the best condition for testing.
Blood sample from fingerprick
In this situation the suitably qualified person who takes the blood sample from a fingerprick will seal the blood sample in a container as soon as practicable after it has dried.
Can a court vary this notice?
You may apply to the court before which you were sentenced, or are to be sentenced, for the offence specified at the beginning of this notice, to have the date or place, or date and place, specified in this notice varied. However, you may not apply to have a date or place, or date and place, that has been varied by agreement between you and the Police varied by the court.
If you want to apply to a court for this notice to be varied, talk to your lawyer.
Are there any controls on the use of information on a DNA profile databank?
Yes, there are controls. No one may have access to, or may disclose information stored on, a DNA profile databank, except for 1 or more of the following purposes:
comparing a DNA profile on the databank with another DNA profile, in the course of a criminal investigation by the Police:
making your information available to you in accordance with the Privacy Act 2020:
administering the DNA profile databank:
responding to a request by a foreign country under the Mutual Assistance in Criminal Matters Act 1992 for assistance to investigate or prosecute a criminal offence in that country, but only if the offence corresponds to an offence in New Zealand punishable by a term of imprisonment of more than 1 year.
Information stored on a DNA profile databank may also be used—
in prosecuting people who commit certain offences against that Act.
.
Signature of constable of or above
the level of position of inspector
.
Printed name of constable of or above
the level of position of inspector
.
Date
Note: The phone number of the Police station where the officer who issued this notice may be contacted is [specify number].
Schedule form 9 heading: amended, on 1 July 2019, by section 62 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
Schedule form 9: amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).
Schedule form 9: amended, on 1 July 2019, by section 64(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
Schedule form 9: amended, on 4 February 2016, by regulation 13(1) of the Criminal Investigations (Bodily Samples) Amendment Regulations (No 2) 2015 (LI 2015/302).
Schedule form 9: amended, on 4 February 2016, by regulation 13(2) of the Criminal Investigations (Bodily Samples) Amendment Regulations (No 2) 2015 (LI 2015/302).
Schedule form 9: amended, on 4 February 2016, by regulation 13(3) of the Criminal Investigations (Bodily Samples) Amendment Regulations (No 2) 2015 (LI 2015/302).
Schedule form 9: amended, on 5 December 2011, by regulation 4 of the Criminal Investigations (Bodily Samples) Amendment Regulations 2011 (SR 2011/314).
Schedule form 9: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Schedule form 9: amended, on 1 October 2008, pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).
Schedule form 9: amended, on 15 December 2005, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2005 (2005 No 98).
Schedule form 9: amended, on 1 June 2005, pursuant to section 235(1) of the Corrections Act 2004 (2004 No 50).