Criminal Investigations (Bodily Samples) Act 1995

Preliminary provisions

2A: Meaning of independent adult

You could also call this:

"Who is an independent adult to help you with the police?"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

When you are under 18 and a police officer wants to take a bodily sample from you, an independent adult is someone who helps you. This person can be your parent or the person taking care of you if they are with you. If they are not with you, it can be a lawyer or another person you choose. If you are a young person and a police officer is taking a bodily sample from you under Part 2B, an independent adult is also someone who helps you. This person can be your parent or the person taking care of you if they are with you. If they are not with you, it can be a lawyer or another person you choose. In some cases, if none of these people are with you, an independent adult can be any person over 18 years old who is not a police employee, as defined in section 4 of the Policing Act 2008. You can choose this person or a police officer can choose them for you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3218120.

This page was last updated on 12 December 2025 — View changes

Topics:

Crime and justice > Police and safetyFamily and relationships > Children and parenting

2: Interpretation, or

"What special words mean in the law"

2B: Transitional, savings, and related provisions, or

"Rules to help change to the new law work smoothly"

Part 1Preliminary provisions

2AMeaning of independent adult

For the purpose of this Act, independent adult,—
in relation to a suspect under the age of 18 years who has consented to the taking of a bodily sample as a result of a suspect request or a Part 2A request and who has elected to take a buccal sample himself or herself, means,—
1. if a parent or other person having the care of the suspect is present under section 50(1)(b), that parent or person; or
2. if a person referred to in subparagraph (i) is not present but the suspect, or, if section 50(3) applies, the suspect's parent or other person having care of the suspect, has chosen to have a lawyer or other person present under section 50(1)(a), that lawyer or other person; or
3. if none of the persons referred to in subparagraphs (i) and (ii) is present, any person of or over the age of 18 years, who must not be a Police employee within the meaning of section 4 of the Policing Act 2008,—
  1. chosen by the suspect; or
  2. if the suspect fails or refuses to choose, chosen by a constable:
in relation to a young person from whom a bodily sample is being taken under Part 2B, means—
1. if a parent or other person having the care of the young person is present under section 50A(2)(b), that parent or person; or
2. if a person referred to in subparagraph (i) is not present but the young person, or, if section 50A(4) applies, the young person's parent or other person having care of the young person has chosen to have a lawyer or other person present under section 50A(2)(a), that lawyer or other person; or
3. if none of the persons referred to in subparagraphs (i) and (ii) is present, any person of or over the age of 18 years, who must not be a Police employee within the meaning of section 4 of the Policing Act 2008,—
  1. chosen by the young person; or
  2. if the young person fails or refuses to choose, chosen by a constable.

Notes

Section 2A: inserted, on 6 September 2010, by section 5 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
Section 2A(a): amended, on 1 July 2019, by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
Section 2A(a)(iii): amended, on 1 July 2019, by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
Section 2A(b)(iii): amended, on 1 July 2019, by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).