Criminal Investigations (Bodily Samples) Act 1995

Procedures for taking bodily samples - Procedure for taking bodily samples

50D: Form and effect of warrant issued under section 50C

You could also call this:

"What a police warrant to take a bodily sample looks like and what it can be used for"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You get a warrant under section 50C. It must be in the right form. The warrant ends when a bodily sample is taken from the person who got the notice under section 50B. You can find more about the notice under section 50B. A warrant under section 50C lets the police arrest the person who got the notice. It also lets them keep that person for as long as it takes to get a bodily sample, but no longer than 24 hours. You can read about section 50C at section 50C. If a bodily sample is taken under this warrant, the law treats it like the sample is being taken under Part 2B. The police can only use the warrant to arrest and keep the person once. The police can use the warrant to arrest and detain you only one time. You can learn more about the rules for warrants under section 50C.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3220315.

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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"


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51: Suitably qualified persons and certain other persons, not compelled to take sample or be present, or

"Some people don't have to give bodily samples or be there when they're taken"

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

50DForm and effect of warrant issued under section 50C

  1. A warrant issued under section 50C

  2. must be in the prescribed form; and
    1. expires immediately after a bodily sample is taken from the person to whom the notice under section 50B (the notice) relates.
      1. A warrant under section 50C authorises—

      2. the arrest of the person to whom the notice relates; and
        1. the detention of that person for as long as is reasonably necessary to take a bodily sample from that person, but in no case longer than 24 hours.
          1. If a bodily sample is taken under a warrant issued under section 50C, this Act applies as if the sample is being taken under Part 2B in respect of the triggering offence.

          2. The power to arrest and detain a person under a warrant issued under section 50C may be exercised on 1 occasion only.

          Notes
          • Section 50D: inserted, on , by section 15 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).