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Criminal Investigations (Bodily Samples) Act 1995

Procedures for taking bodily samples - Procedure for taking bodily samples

48A: Method by which bodily sample may be taken: samples under Part 2B

You could also call this:

"How a bodily sample can be taken from you"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You can give a bodily sample in two ways under Part 2B: by a fingerprick sample or a buccal sample. You get to choose which method you prefer when a sample is taken from you. A constable can tell you which method the Police prefer, but you still get to choose. You will give your sample by the method you choose, unless you do not mind which method is used. If you do not mind, a constable will choose the method for you. But if force is needed to take the sample, it must be taken by a fingerprick sample. The sample is taken under rules in the Part 2B of the law. A constable will take your sample in the way you choose or the way they choose if you have no preference. The law says how your bodily sample can be taken.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3219898.

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48: Method by which bodily sample may be taken: samples under Parts 2, 2A, and 3, or

"How a bodily sample can be taken from you"

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49: Persons authorised to take blood samples, or

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Part 4Procedures for taking bodily samples
Procedure for taking bodily samples

48AMethod by which bodily sample may be taken: samples under Part 2B

  1. If a bodily sample is being taken under Part 2B, it may, subject to subsections (2) to (5), be taken by either of the following methods:

  2. fingerprick sample:
    1. buccal sample.

      1. The person from whom the sample is to be taken must be given an opportunity to elect which of the 2 methods referred to in subsection (1) is to be used to take the sample.

      2. A constable may indicate to a person making an election under subsection (2) that the Police prefer a particular method for taking the sample.

      3. The sample must be taken—

      4. by the method in subsection (1) that the person has chosen; or
        1. if the person has been given a reasonable opportunity to elect which of the methods in subsection (1) is to be used to take the sample and has indicated that he or she has no preference as to the method by which the sample is taken, by the method referred to in subsection (1) chosen by a constable.

          1. Despite subsection (4), if reasonable force is required to take the sample, the sample must be taken by fingerprick sample.

          Notes
          • Section 48A: inserted, on , by section 12 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).