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Criminal Investigations (Bodily Samples) Act 1995

Preliminary provisions

4: Application

You could also call this:

"When the law applies to crimes"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

This Act is about investigating crimes. It applies to crimes that happened before or after it started. You need to know when this Act started to understand which crimes it applies to. Part 3 of this Act applies to some convictions. This Act applies to convictions that happened after it started. It also applies to convictions that happened before it started, but only if the person was in prison for that crime when a certain part of another Act started. You can read about this in section 7 of the Criminal Investigations (Bodily Samples) Amendment Act 2003. There are some exceptions to this rule. Part 3 does not apply to convictions for certain crimes that happened before a certain date. These crimes are listed in Schedule 1. You can read about the exceptions in Part 3.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369021.

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Part 1Preliminary provisions

4Application

  1. This Act applies to the investigation of offences committed, or believed to have been committed, before or after the commencement of this Act.

  2. Part 3 applies to—

  3. convictions entered after the commencement of this Act; and
    1. convictions entered before the commencement of this Act if, and only if, the person in relation to whom the conviction was entered is, on the date of commencement of section 7 of the Criminal Investigations (Bodily Samples) Amendment Act 2003, detained under a sentence of imprisonment in relation to that conviction.

      1. Despite subsection (2), nothing in Part 3 applies to any conviction entered before the commencement of section 7 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 for any—

      2. offence against any of the provisions listed in Part 2 of Schedule 1; or
        1. attempt to commit an offence against any of the provisions listed in Part 1 or Part 2 of Schedule 1 unless the offence is itself specified as an attempt in Part 1 of Schedule 1; or
          1. conspiracy to commit an offence against any of the provisions listed in Part 1 or Part 2 of Schedule 1; or
            1. offence punishable by a term of imprisonment of 7 years or more unless it is an offence listed in Part 1 of Schedule 1; or
              1. attempt to commit an offence of the kind referred to in paragraph (d) unless the offence is itself specified as an attempt in Part 1 of Schedule 1; or
                1. conspiracy to commit an offence of the kind referred to in paragraph (d).

                  Notes
                  • Section 4(2): substituted, on , by section 7 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                  • Section 4(3): added, on , by section 7 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                  • Section 4(3)(a): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                  • Section 4(3)(b): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                  • Section 4(3)(c): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                  • Section 4(3)(d): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                  • Section 4(3)(e): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).