Criminal Investigations (Bodily Samples) Act 1995

Taking bodily sample from person 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

You could also call this:

"Police can take a bodily sample from a young person arrested or charged with a crime"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You can be asked to give a bodily sample if you are a young person and you have been arrested for a certain offence. You can also be asked to give a sample if a police officer thinks you have committed a certain offence and they plan to charge you by filing a charging document. The sample must be taken in a certain way, as set out in Part 4. If a police officer thinks you have committed a certain offence, they can keep you at a place to take the sample. They can only keep you for as long as it takes to get the sample. This is so they can take the sample from you. A police officer must follow the rules when taking a bodily sample from you. They have to do it in a way that is fair and respectful. The rules are in place to protect you and make sure everything is done properly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3219802.

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

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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, or

"Police can take a bodily sample from you if you're 18 or older and suspected of a serious crime."

24L: Relationship to Part 2, or

"How Part 2 rules work with other investigation rules"

Part 2BTaking bodily sample from person arrested or intended to be charged with imprisonable offence or offence listed in Part 3 of Schedule 1

24KAuthority to take bodily sample from young person arrested or intended to be charged with relevant offence

A constable may require a young person to give a bodily sample if either—
the person has been arrested for a relevant offence; or
a constable has good cause to suspect the person of committing a relevant offence and intends to bring proceedings against the person in respect of that offence by filing a charging document.

The sample must be taken in accordance with the procedures set out in Part 4.
If subsection (1)(b) applies, a constable may detain the person at any place—
in order for the bodily sample to be taken; and
only for the period necessary in order for the bodily sample to be taken.

Notes

Section 24K: inserted, on 6 September 2010, by section 7 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
Section 24K(1)(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).