Criminal Investigations (Bodily Samples) Act 1995

Procedures for taking bodily samples - Procedure for taking bodily samples

50A: Other person must be present when young person gives sample under Part 2B

You could also call this:

"A support person must be with you when you give a bodily sample to the police."

Illustration for Criminal Investigations (Bodily Samples) Act 1995

When you are a young person and a police officer wants to take a bodily sample from you under Part 2B, you have the right to have someone with you. You can choose a lawyer or another person you want, and a parent or person who cares for you can also be there. The police officer must try to make sure the people you choose are told you want them to be there. If you do not choose someone, a parent or person who cares for you can choose for you. One of the people you choose, or someone chosen by a parent or police officer, must be with you when the sample is taken. The person with you cannot be a police employee, as defined in the Policing Act 2008, unless you choose them or a parent chooses them for you. You can have someone with you when a bodily sample is taken under Part 2B. The police officer must make sure this happens.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3220311.

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50: Person giving sample under Part 2, 2A, or 3 entitled to have certain other persons present, or

"You can have a support person with you when giving a bodily sample."


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50B: Further provision if other person chosen to be present not present when choice made, or

"What happens if the person you choose to be with you isn't there when you need them"

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

50AOther person must be present when young person gives sample under Part 2B

  1. This section and sections 50B to 50D apply to a young person from whom a bodily sample is to be taken under Part 2B.

  2. The young person is entitled to have the following persons present during the taking of the sample:

  3. a lawyer, or another person, of the young person's choice; and
    1. a parent or other person who has the care of that young person.
      1. The constable responsible for arranging the taking of the bodily sample must—

      2. ascertain whether the young person wishes to exercise the right conferred on that person by subsection (2); and
        1. take all reasonable steps to ensure that each person chosen is notified that the young person wishes him or her to be present during the taking of the sample.
          1. A person referred to in subsection (2)(a) may, unless the young person objects, be chosen on the young person's behalf by a parent or other person who has the care of that young person, and in that case subsection (3) applies with all necessary modifications.

          2. One of the following persons must be present during the taking of a bodily sample from a young person under Part 2B:

          3. a person chosen under this section by the young person or by a parent or other person who has the care of that young person:
            1. a person chosen under section 50B(5) by the young person or a parent or other person who has the care of that young person:
              1. a person chosen under section 50B(5) by a constable:
                1. a person, who is not a Police employee within the meaning of section 4 of the Policing Act 2008, chosen by the constable if the young person fails or refuses to make a choice under subsection (2).
                  Notes
                  • Section 50A: inserted, on , by section 15 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).