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Criminal Investigations (Bodily Samples) Act 1995

Procedures for taking bodily samples - Disposal of bodily samples

60A: Disposal of bodily samples and identifying information obtained under Part 2B

You could also call this:

"What happens to your bodily samples and information after they are taken by the police?"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You have a bodily sample taken under Part 2B. The Commissioner must destroy the sample after a DNA profile is obtained. The Commissioner must also destroy records of the sample analysis. You have records of the sample analysis and information about the sample. The Commissioner must destroy these records after a certain time. This time is usually two months after the sample is taken. If you are charged with an offence, the records are kept until the charge is withdrawn or you are found not guilty. A DNA profile can still be kept in a databank if it is allowed by law. In this section, a related offence means a certain type of crime. This crime is related to the reason the bodily sample was taken. The Commissioner must follow these rules when destroying bodily samples and records.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3220357.

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60: Disposal of bodily samples and identifying information obtained under Part 2, or

"What happens to your bodily samples and personal info after a police investigation?"

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Part 4Procedures for taking bodily samples
Disposal of bodily samples

60ADisposal of bodily samples and identifying information obtained under Part 2B

  1. This section applies to—

  2. a bodily sample taken under Part 2B; and
    1. every record of any analysis of that bodily sample carried out on behalf of any constable; and
      1. every record, to the extent that it contains—
        1. information about the sample; and
          1. particulars that are identifiable by any person as particulars identifying that information with the person from whom the sample was taken.

          2. The Commissioner must ensure that the bodily sample referred to in subsection (1)(a) is destroyed as soon as practicable after a DNA profile is obtained from the sample.

          3. The Commissioner must ensure that any record referred to in subsection (1)(b) and (c) is destroyed,—

          4. subject to section 61, as soon as practicable after the expiry of the period of 2 months beginning on the date on which the sample is taken, if the person is not charged with the triggering offence, or a related offence, before the expiry of that period; or
            1. if the person is charged with such an offence before the expiry of that period, as soon as practicable after the first of the following to occur:
              1. the charge is withdrawn; or
                1. the person is acquitted of the offence.

                2. Nothing in this section requires the destruction of a DNA profile that may lawfully be retained in a DNA profile databank.

                3. In this section, related offence means—

                4. a related imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1, if the bodily sample was taken under section 24J; or
                  1. a related relevant offence, if the bodily sample was taken under section 24K.

                    Notes
                    • Section 60A: inserted, on , by section 20 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                    • Section 60A(3)(a): amended, on , by section 14(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).
                    • Section 60A(5): inserted, on , by section 14(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).
                    • Section 60A(5)(a): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).