Criminal Investigations (Bodily Samples) Act 1995

Obtaining bodily samples from suspects - Obtaining bodily sample by consent

6: Request to consent to taking of bodily sample

You could also call this:

"Asking for your consent to give a bodily sample to help solve a crime"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If you are a suspect in a crime, a constable may ask you to give a bodily sample. This can happen if the constable thinks the sample will help prove or disprove that you were involved in the crime. The constable must tell you what crime they think you might have committed. The constable will give you a written notice with some details and explain things to you in a way you can understand. They will tell you that you do not have to give the sample and that you can change your mind at any time. They will also tell you that you might want to talk to a lawyer before deciding what to do. If you do not want to give the sample, the constable might go to court to get an order to make you give one. This can only happen if the crime is serious enough to send someone to prison, or if it is one of the crimes listed in Part 3 of Schedule 1. The sample will be tested and might be used as evidence in court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369042.

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5A: Relationship to Part 2B, or

"Taking a bodily sample is allowed even if one was taken before"


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7: Form and content of notice, or

"What to Expect When You Get a Notice About Giving a Bodily Sample"

Part 2Obtaining bodily samples from suspects
Obtaining bodily sample by consent

6Request to consent to taking of bodily sample

  1. Subject to section 8, for the purposes of any criminal investigation in respect of an imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1 committed or believed to have been committed, a constable may request any suspect to give a bodily sample if that constable has reasonable grounds to believe that analysis of the sample would tend to confirm or disprove the suspect’s involvement in the commission of the offence.

  2. Subject to section 8, on making a request under subsection (1) of this section, the constable shall—

  3. hand to the suspect to whom the request is made a written notice containing the particulars specified in section 7(b); and
    1. inform the suspect, in a manner and in language that the suspect is likely to understand,—
      1. of the offence in respect of which the request is made; and
        1. that the constable has reasonable grounds to believe that analysis of a bodily sample taken from the suspect would tend to confirm or disprove the suspect’s involvement in the commission of that offence; and
          1. that the suspect is under no obligation to give the sample; and
            1. that if the suspect consents to the taking of the sample, the suspect may, at any time before the sample is taken, withdraw that consent; and
              1. that the suspect may wish to consult a lawyer before deciding whether or not to consent to the taking of the sample; and
                1. that the sample will be analysed and may provide evidence that may be used in criminal proceedings; and
                  1. that if the suspect refuses to consent to the taking of the sample, and there is good cause to suspect that the suspect committed the offence in respect of which the request is made, or a related offence, and that offence is an imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1, an application may be made to a District Court Judge for an order requiring the suspect to give a bodily sample.
                  Notes
                  • Section 6 heading: amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                  • Section 6(1): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                  • Section 6(1): amended, on , by section 34(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                  • Section 6(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                  • Section 6(1): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                  • Section 6(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                  • Section 6(2)(b)(ii): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                  • Section 6(2)(b)(ii): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                  • Section 6(2)(b)(vii): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                  • Section 6(2)(b)(vii): amended, on , by section 34(2)(a) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                  • Section 6(2)(b)(vii): amended, on , by section 34(2)(b) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                  • Section 6(2)(b)(vii): amended, on , by section 6(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).