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Criminal Investigations (Bodily Samples) Act 1995

DNA profile databank - DNA profile databank

26B: Certain young persons may apply for removal of DNA profiles from DNA profile databank

You could also call this:

"Young people can ask to remove their DNA details from a database."

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You can ask for your DNA profile to be removed from the DNA databank. This can happen if you were a young person when your DNA profile was taken and stored under Part 2. The Youth Court must have made an order about you under section 282 or 283 of the Oranga Tamariki Act 1989. You must not have been convicted of an imprisonable offence or certain other offences within 10 years of the order. If this is the case, you can ask the Commissioner in writing to remove your DNA profile. Your DNA profile will then be removed from the DNA databank and destroyed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3219865.

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Topics:
Crime and justice > Victim supportCrime and justice > Police and safetyRights and equality > Privacy
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26A: Removal of certain DNA profiles from DNA profile databank, or

"When your DNA profile must be removed from the database"

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27: Access to and disclosure of information on DNA profile databank, or

"Who can see DNA information and why"

Part 3DNA profile databank
DNA profile databank

26BCertain young persons may apply for removal of DNA profiles from DNA profile databank

  1. This section applies to a person if,—

  2. before the commencement of this section,—
    1. a DNA profile of the person was taken and stored on a DNA databank under Part 2 when the person was a young person; and
      1. the Youth Court made an order in relation to the person under section 282 or 283 of the Oranga Tamariki Act 1989 in relation to an offence but no court imposed a sentence of imprisonment for the offence; and
      2. within 10 years after the date of that order, the person is not convicted of an imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1.

        1. The person’s DNA profile must be removed from the DNA databank and destroyed if the person applies in writing to the Commissioner requesting the removal of the profile.

        Notes
        • Section 26B: inserted, on , by section 9 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
        • Section 26B(1)(a)(ii): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
        • Section 26B(1)(a)(ii): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 26B(1)(b): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
        • Section 26B(1)(b): amended, on , by section 47 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).