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Criminal Investigations (Bodily Samples) Act 1995

Procedures for taking bodily samples - Procedure for taking bodily samples

54A: Procedure for taking bodily sample under Part 2B

You could also call this:

"How police take a bodily sample from you under Part 2B"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If a police officer wants you to give a bodily sample under Part 2B, they must ask you if you want to give a fingerprick sample or a buccal sample. They must also tell you that if you refuse, they can use reasonable force to take a fingerprick sample. If you refuse to give a sample when asked under Part 2B, a police officer can use reasonable force to help someone take a fingerprick sample from you. You will be asked to choose how you want to give the sample when a police officer requires you to give one under Part 2B.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3220352.

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"How a constable takes a bodily sample from you"

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

54AProcedure for taking bodily sample under Part 2B

  1. If a constable proposes to require a person to give a bodily sample under Part 2B, the constable must—

  2. ascertain from the person whether he or she wishes the sample to be taken by way of fingerprick sample or buccal sample:
    1. inform the person that if he or she refuses to give a bodily sample a constable may use or cause to be used reasonable force to assist a suitably qualified person to take a fingerprick sample.

      1. If a person refuses to give a bodily sample when required to do so under Part 2B, a constable may use or cause to be used reasonable force to assist a suitably qualified person to take a fingerprick sample.

      Notes
      • Section 54A: inserted, on , by section 18 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).