Criminal Investigations (Bodily Samples) Act 1995

Procedures for taking bodily samples - Procedure for taking bodily samples

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

You could also call this:

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

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You choose to have someone with you when a bodily sample is taken. If the person you choose is not there when you make the choice, the constable can ask you to come back another time. The constable will try to tell the person you chose that you want them to be there. If the constable thinks the person you chose cannot be found or will not be available, they can refuse your choice. You might get to choose someone else to be with you, like another person described in section 50A(2). The constable might choose someone who is not a police employee, as defined in section 4 of the Policing Act 2008, to be with you instead. The constable can ask you to come back another time if the new person you chose is not there. They will try to tell the new person you chose when and where the sample will be taken. If the constable thinks the new person cannot be found, they can choose someone else who is not a police employee to be with you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3220312.

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

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

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

50C: Judge may issue warrant for arrest and detention if young person fails to attend in accordance with notice under section 50B, or

"Judge can arrest you if you don't give a bodily sample as told"

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

50BFurther provision if other person chosen to be present not present when choice made

This section applies if—
a young person chooses under section 50A to have a person or persons described in section 50A(2) present, or a parent or other person who has the care of that young person chooses under section 50A(4) to have a person described in section 50A(2)(a) present; and
any person chosen is not present when the choice is made.

The constable may, by notice in writing to the young person or a parent or other person who has the care of that young person, require the attendance of the young person on a date and at a time and place specified in the notice to give the bodily sample.
If the constable issues a notice under subsection (2), the constable must take all reasonable steps to ensure that each person chosen as described in subsection (1)(a) is notified—
that the young person wishes him or her to be present during the taking of the sample; and
of the date on which, and the time and place at which, the sample is to be taken.

Subsection (5) applies if a constable believes, on reasonable grounds, that any person chosen as described in subsection (1)(a) cannot with reasonable diligence be located or will not be available within a period of time that is reasonable in the circumstances.
The constable may refuse to allow the young person to have the person described in subsection (1)(a) present and—
may give the young person or a parent or other person who has the care of that young person the opportunity to—
1. choose another person described in section 50A(2) to be present; or
2. elect that the constable choose a person who is not a Police employee within the meaning of section 4 of the Policing Act 2008 to be present; or
if the young person or parent or other person fails or refuses to make a choice or an election under paragraph (a), may choose a person who is not a Police employee within the meaning of section 4 of the Policing Act 2008 to be present.

If a person chosen under subsection (5) is not present when the choice is made, the constable—
may, by notice in writing to the young person or a parent or other person who has the care of that young person, require the attendance of the young person on a date and at a time and place specified in the notice to give the bodily sample; and
if the constable issues a notice under paragraph (a), must take all reasonable steps to ensure that the person chosen is notified,—
1. if applicable, that the young person wishes him or her to be present during the taking of the sample; and
2. of the date on which, and the time and place at which, the sample is to be taken.

However, if a constable believes, on reasonable grounds, that any person chosen as described in subsection (5)(a)(i) cannot with reasonable diligence be located or will not be available within a period of time that is reasonable in the circumstances, the constable may choose a person who is not a Police employee within the meaning of section 4 of the Policing Act 2008 to be present.

Notes

Section 50B: inserted, on 6 September 2010, by section 15 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).