26ARemoval of certain DNA profiles from DNA profile databank

1. A DNA profile stored on a DNA profile databank must be removed from the databank and destroyed before the expiry of all fixed periods (retention periods) specified in subsection (4) that apply to the storage of the profile.

2. In the case of a person's DNA profile stored under section 26(a) or (ab), the storage of the profile is subject to subsection (4) if—

3. the person was a young person on the date of the offence; and
4. any of the following applies:
   1. the Youth Court made an order under 1 or more of paragraphs (a) to (n) of section 283 of the Oranga Tamariki Act 1989; or
   2. the Youth Court made an order under section 283(o) of the Oranga Tamariki Act 1989 but no court imposed a sentence of imprisonment for the offence; or
   3. the District Court (rather than the Youth Court) convicted the person of the offence but did not impose a sentence of imprisonment.

5. In the case of a profile stored under section 26(ac), the storage of the profile is subject to subsection (4) if—

6. the person was a young person on the date of the offence; and
7. the Youth Court made an order under section 282 of the Oranga Tamariki Act 1989 discharging the charge relating to the offence after finding that the offence was proved.

8. The retention periods and effect of certain subsequent offences are as follows:

   The following table is small in size and has 3 columns. Column 1 is headed Sentence or order. Column 2 is headed Retention period for order or conviction. Column 3 is headed Retention period for subsequent offence.

   Sentence or order		Retention period for order or conviction		Retention period for subsequent offence
   Section 26(a) or (ab): section 283(a) to (n) order made by the Youth Court		10 years after date of that section 283 order		If a section 282 order is subsequently made during that 10-year period after the offence is proved, a further retention period of 4 years applies and runs concurrently with the 10-year period.
   Section 26(a) or (ab): section 283(o) order made by the Youth Court but no imprisonment		10 years after date of section 283(o) order		If a section 282 order is subsequently made during that 10-year period after the offence is proved, a further retention period of 4 years applies and runs concurrently with the 10-year period.
   Section 26(a) or (ab): convicted by the District Court but no imprisonment		10 years after date of conviction		If a section 282 order is subsequently made during that 10-year period after the offence is proved, a further retention period of 4 years applies and runs concurrently with the 10-year period.
   Section 26(ac): section 282 order made after offence proved		4 years after date of section 282 order		If a section 283 order is subsequently made during that 4-year period, a further retention period of 10 years applies and runs concurrently with the 4-year period.
   				If the person is subsequently convicted by the District Court without imprisonment during that 4-year period, a further retention period of 10 years applies and runs concurrently with the 4-year period.
   				If another section 282 order is subsequently made during that 4-year period after the offence is proved, a further retention period of 4 years applies and runs concurrently with the first 4-year period.

9. A person's DNA profile stored under section 26 may, unless otherwise provided by this Act, be stored indefinitely on a DNA profile databank if any of the following apply:

10. if the profile is stored in relation to an offence and a court imposes a sentence of imprisonment for the offence:
11. if the profile is stored in relation to an offence and a retention period initially applies to the offence and, during that period, a subsequent order or conviction is made or entered against the person that is not specifically provided for in the third column of the table in subsection (4):
12. in any other case (whether the person is a young person or of or over the age of 18 years), no fixed retention period is specified by this Act.

13. The profile must be removed from the databank no later than 10 years after the date on which the person ceases to be subject to a sentence of imprisonment in respect of the offence, or, in any other case, no later than 10 years after the date of conviction, if—

14. either—
    1. the person to whom the profile relates was a young person on the date of the offence referred to in section 26(a) or, as the case may be, section 26(ab), and a court imposed a community-based sentence in respect of the offence; or
    2. the person to whom the profile relates was of or over 18 years of age on the date of the offence referred to in section 26(a) or, as the case may be, section 26(ab); and
15. the conviction was for an offence that was not a relevant offence at the time of the conviction; and
16. the person has not been convicted of an imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1 since the date of the conviction.