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Criminal Investigations (Bodily Samples) Act 1995
Preliminary provisions
3: Act to bind the Crown

Part 1:
Preliminary provisions

2Interpretation 2AMeaning of independent adult 2BTransitional, savings, and related provisions 3Act to bind the Crown 4Application 4ADetained under sentence of imprisonment 4BApproval of agency to determine training criteria for dealing with, and device or other means for taking, buccal samples

Part 2:
Obtaining bodily samples from suspects

Part 2A:
Obtaining buccal sample from suspect who is child or was child when offence for which suspect may not be lawfully prosecuted committed

Authority to obtain buccal sample from suspect

24CAuthority to obtain buccal sample from suspect

Obtaining buccal sample from suspect

24DRequest to consent to taking of buccal sample from suspect 24EPolice obligations if Part 2A request made 24FForm and content of notice 24GConsent to taking of buccal sample 24HWithdrawal of consent 24IBuccal sample to be forwarded to approved agency as soon as practicable

Part 2B:
Taking bodily sample from person arrested or intended to be charged with imprisonable offence or offence listed in Part 3 of Schedule 1

24JAuthority to take bodily sample from person of or over 18 years arrested or intended to be charged with imprisonable offence or offence listed in Part 3 of Schedule 1 24KAuthority to take bodily sample from young person arrested or intended to be charged with relevant offence 24LRelationship to Part 2 24MInformation to be given to person 24NForm and content of notice 24OPart 2B temporary databank 24PInformation that may be kept on Part 2B temporary databank 24QRemoval of DNA profiles from Part 2B temporary databank 24RAccess to and disclosure of information on Part 2B temporary databank 24SAccess to and use of bodily samples taken under this Part

Part 3:
DNA profile databank

DNA profile databank

25DNA profile databank 26Information that may be kept on DNA profile databank 26ARemoval of certain DNA profiles from DNA profile databank 26BCertain young persons may apply for removal of DNA profiles from DNA profile databank 27Access to and disclosure of information on DNA profile databank 28Access to and use of bodily samples held for DNA profile databank purposes

Authority to obtain bodily sample for DNA profile databank

29Authority to take bodily sample for DNA profile databank

Obtaining bodily sample by consent

30Request to consent to taking of bodily sample 31Form and content of notice 32Section 30 not to apply to persons under 18 33Dual requests 34Consent to taking of bodily sample 35Right of person in custody to consult lawyer 36Withdrawal of consent after sample taken 37Withdrawal of consent suspended 38Retention of sample despite withdrawal of consent

Obtaining bodily sample by databank compulsion notice

39Issue and service of databank compulsion notice 39AForm and content of databank compulsion notice 39BForm and content of databank compulsion notice issued in relation to person under age of 18 years 39CDate and place for taking of sample to be specified in databank compulsion notice 39DParent or other person having care to be notified if Police suggest variation of databank compulsion notice issued in relation to person under age of 18 years 40Databank compulsion notice of no effect if conviction quashed

Databank compulsion notice hearing

41Databank compulsion notice hearing may be requested on certain grounds 41AForm and effect of request for databank compulsion notice hearing 41BObligations if databank compulsion notice hearing requested 41CAppearance at databank compulsion notice hearing

Part 3 orders and other orders made at databank compulsion notice hearings

42Part 3 orders and other orders made at databank compulsion notice hearings 43Judge may vary, or impose conditions on, databank compulsion notice 43AChange of circumstances before databank compulsion notice hearing takes place or is completed 43BOrder that databank compulsion notice of no effect must be made in certain circumstances

Further databank compulsion notice

44Further databank compulsion notice 44ACertain matters relating to further databank compulsion notice 44BJudge to specify method of taking sample if further databank compulsion notice issued

Part 4:
Procedures for taking bodily samples

Attendance for purpose of taking bodily sample: Compulsion order or databank compulsion notice

45AADate on which bodily sample to be taken 45Judge may issue warrant for arrest and detention 45AForm and effect of warrant for arrest and detention 46Person in custody to attend to give bodily sample 46APerson detained or required to remain at residence to attend to give bodily sample 47Variation by Judge on application of place and date for taking sample

Procedure for taking bodily samples

48Method by which bodily sample may be taken: samples under Parts 2, 2A, and 3 48AMethod by which bodily sample may be taken: samples under Part 2B 49Persons authorised to take blood samples 49APersons authorised to take buccal samples 50Person giving sample under Part 2, 2A, or 3 entitled to have certain other persons present 50AOther person must be present when young person gives sample under Part 2B 50BFurther provision if other person chosen to be present not present when choice made 50CJudge may issue warrant for arrest and detention if young person fails to attend in accordance with notice under section 50B 50DForm and effect of warrant issued under section 50C 51Suitably qualified persons and certain other persons, not compelled to take sample or be present 52Who may be present when bodily sample taken 52AWho must be present when suspect under age of 18 years takes own buccal sample for suspect request or Part 2A request 53Reasonable privacy to be afforded 54Procedure for taking bodily sample pursuant to compulsion order or databank compulsion notice 54AProcedure for taking bodily sample under Part 2B 55How venous sample to be dealt with 56How fingerprick sample to be dealt with 56AHow buccal sample to be dealt with

Analysis of bodily samples and other material

57Analysis of material found at scene, etc 58Analysis of bodily sample 59Records of analysis to be made available

Disposal of bodily samples

60Disposal of bodily samples and identifying information obtained under Part 2 60ADisposal of bodily samples and identifying information obtained under Part 2B 61Extension of period for which sample may be retained 61ADisposal of buccal samples and identifying information obtained under Part 2A 62Disposal of bodily samples and identifying information obtained under Part 3 63Material extracted from samples to be destroyed

Part 5:
Miscellaneous provisions

Procedural and evidential provisions

64Translation of notices 65No right of appeal 66Court may dispense with service 67Application of Legal Services Act 2000 68Standard of proof 69Non-attendance of persons not to affect admissibility of evidence 70Inference may be drawn from refusal to allow sample to be taken 71Information stored on DNA profile databank or obtained under Part 2B not admissible in criminal proceedings 71AJudge may consent to bodily sample taken under Part 2B being retained and used for evidential purposes

Miscellaneous provisions

72Other powers and abilities to take specimens from person’s body not affected 73Consent to taking of bodily sample may not be given on person’s behalf 74Payment of lawyer appointed to represent suspect 75Fees and expenses of lay advocate 76Information relating to bodily samples to be included in annual report of Police 77Offences 78Breach of compulsion order or Part 3 order not punishable as contempt 79Indemnity 80Regulations 81Rules 82Amendment to Summary Proceedings Act 1957 83Transitional provision 84Savings

Schedule 1AA:
Transitional, savings, and related provisions

Schedule 1:
Relevant offences

Summary of changes

Criminal Investigations (Bodily Samples) Act 1995

Preliminary provisions

3: Act to bind the Crown

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This Act applies to the Crown. You need to know that the Crown is bound by this Act. The Act affects the Crown in the same way it affects 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=DLM369020.

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

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2B: Transitional, savings, and related provisions, or

"Rules to help change to the new law work smoothly"

4: Application, or

"When the law applies to crimes"

Part 1Preliminary provisions

3Act to bind the Crown

This Act binds the Crown.