2Interpretation

1. In this Act, unless the context otherwise requires,—

   appeal period, in relation to a conviction, means the period ending—

   1. when the time for bringing an appeal against the conviction expires, if no such appeal has been brought; or
   2. if an appeal against the conviction has been brought, when the appeal is finally determined or is withdrawn, whichever occurs first

   approved agency means an agency approved under section 4B(1)(a)

   blood sample means a fingerprick sample or a venous sample

   bodily sample or sample means a blood sample or a buccal sample

   buccal sample means a sample of epithelial cells from inside the mouth taken by a device, or provided by other means, approved for the purpose under section 4B(1)(b)

   charged , in relation to a person, means that a charging document charging the person with an offence has been filed in the District Court (including in relation to proceedings in the Youth Court)

   child means a person of or over the age of 10 years but under the age of 14 years

   Commissioner means the Commissioner of Police

   compulsion order means a suspect compulsion order or a juvenile compulsion order

   conviction includes—and convicted has a corresponding meaning

   1. a finding, by the Youth Court, that a charge against a young person is proved; and
   2. an acquittal on account of insanity; and
   3. the dismissal of a charge on account of insanity; and
   4. a finding that the person is unfit to stand trial;—

   databank compulsion notice—

   1. means a notice issued under section 39; and
   2. includes—
      1. a databank compulsion notice that a Judge has varied, or included a condition on, under section 42, section 43, section 43A, or section 47; and
      2. a databank compulsion notice in relation to which a Part 3 order has been made

   databank compulsion notice hearing means a hearing requested under section 41

   databank request means a request made pursuant to section 30

   detained under a sentence of imprisonment has the meaning given to it by section 4A

   District Court, in sections 6(2)(b)(vii), 7(b)(viii), 13(1), 14(1)(a), 15(1), 16(1), and 18(1) and (3)(b)(vii), includes the Youth Court if the suspect or respondent is subject to the Youth Court's jurisdiction

   DNA profile, in relation to any person, means information derived from an analysis of a sample of genetic material obtained from that person, being information—

   1. that is clearly identifiable as relating to that person; and
   2. that is able to be compared with information obtained from an analysis (using the same technique) of another sample of genetic material for the purpose of determining, with reasonable certainty, whether or not the other sample is from that person

   DNA profile databank means a databank established pursuant to section 25

   fingerprick sample means a sample of capillary blood taken, in accordance with normal medical procedures, from the tip of a finger or thumb

   forensic comparison means the comparison of a DNA profile stored in a DNA profile databank with another DNA profile, where that comparison is undertaken for the purpose of confirming or disproving the involvement of any person in the commission of an offence

   imprisonable offence means an offence punishable by a term of imprisonment; and includes an offence punishable by imprisonment for life

   independent adult has the meaning given to it in section 2A

   juvenile compulsion order means an order made under section 23

   lawyer has the meaning given to it by section 6 of the Lawyers and Conveyancers Act 2006

   medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

   nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of general nursing functions

   parent, in relation to a person who is under the age of 18 years,—

   1. means a parent or guardian of that person; and
   2. includes a step-parent of the person; but, if the person is under 18, only if the step-parent shares responsibility for the day-to-day care of the person with one of the person’s parents; and
   3. if no parent or guardian of that person can be found with reasonable diligence or is capable of consenting to the taking of a bodily sample from that person under this Act, includes a person in New Zealand who is acting in the place of a parent of that person

   Part 2A request means a request made under section 24D

   Part 2B temporary databank means a database maintained under section 24O

   Part 3 order means an order made by a Judge requiring a bodily sample to be taken pursuant to a databank compulsion notice

   prison officer means an officer as defined in section 3(1) of the Corrections Act 2004

   relevant offence means—

   1. an offence against any of the provisions listed in Part 1 of Schedule 1; or
   2. an offence against any of the provisions listed in Part 2 of Schedule 1; or
   3. an offence against any of the provisions listed in Part 3 of Schedule 1; or
   4. an attempt to commit an offence against any of the provisions listed in Part 1, 2, or 3 of Schedule 1 if the offence is not itself specified as an attempt; or
   5. conspiring with any person to commit an offence against any of the provisions listed in Part 1, 2, or 3 of Schedule 1 if the offence is not itself specified as a conspiracy; or
   6. an offence punishable by a term of imprisonment of 7 years or more; or
   7. an attempt to commit an offence of the kind referred to in paragraph (e); or
   8. conspiring with any person to commit an offence of the kind referred to in paragraph (e)

   respondent, in relation to an application for a compulsion order, means the person to whom the application relates

   specified date means—whichever is the later

   1. 30 June 2000; or
   2. such later date (being not later than 30 June 2005) as may be specified for the purposes of sections 60 and 62 by the Governor-General by Order in Council (see subsection (3)),—

   suitably qualified person means, in relation to—

   1. a blood sample,—
      1. a medical practitioner; or
      2. a nurse; or
      3. a medical technologist with a degree in medical laboratory science; or
      4. a person trained in phlebotomy in accordance with the national standard for training phlebotomists adopted by the Association of Community Laboratories Incorporated:
   2. a buccal sample,—
      1. a medical practitioner; or
      2. any person specified in paragraph (a)(ii) to (iv) who has undergone training in taking and dealing with buccal samples in accordance with the training criteria determined by the approved agency

   suspect, in relation to an offence, means any person whom it is believed has or may have committed that offence, whether or not—

   1. that person has been charged with that offence; or
   2. there is good cause to suspect that person of having committed that offence

   suspect compulsion order means an order made under section 16

   suspect request means a request made pursuant to section 6

   triggering offence means the particular offence that has triggered the authority to take a bodily sample under section 24J or, as the case may be, section 24K in a given case

   venous sample means a sample of venous blood taken in accordance with normal medical procedures

   video record has the same meaning as in section 4 of the Evidence Act 2006

   young person means a person of or over 14 years of age but under 18 years of age.

2. For the purposes of this Act, 2 offences are related to one another if the elements of the 2 offences comprise substantially the same act or omission.

3. An order under paragraph (b) of the definition of specified date in subsection (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).