Criminal Investigations (Bodily Samples) Act 1995

Obtaining bodily samples from suspects - Obtaining bodily sample by consent

9: Consent to taking of bodily sample

You could also call this:

"Agreeing to give a bodily sample"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You can give consent to take a bodily sample in two ways. You can sign a written consent or give oral consent recorded on a video record. If you sign a written consent, it must be on a notice given to you when you are asked for a sample. You can also give consent orally, recorded on a video record. The video record must show you being asked for a sample and given a notice as required by section 6(2)(a). It must also show you giving consent to take the sample. If a parent gives consent for a sample to be taken from you, the video record must show the parent being given a copy of the notice or acknowledging they have been given one. It must also show the parent giving consent for the sample to be taken from 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=DLM369056.

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8: Suspect requests to persons under 18, or

"Police rules for asking young people under 18 for bodily samples"


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10: Withdrawal of consent, or

"Changing your mind about giving a bodily sample"

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

9Consent to taking of bodily sample

  1. No consent to the taking of a bodily sample in response to a suspect request shall be valid unless—

  2. it is in writing and signed by the person giving the consent; or
    1. it is given orally and recorded on a video record.
      1. Where any such consent is in writing, the consent shall be signified on the notice required by section 6(2)(a) to be handed to the suspect at the time of the making of the suspect request, or on a copy of that notice.

      2. Where any such consent is recorded on a video record, the video record must clearly show,—

      3. in the case of a consent given by a suspect,—
        1. the making of the suspect request to the suspect; and
          1. the handing to the suspect of the notice required by section 6(2)(a) of this Act; and
            1. the giving of consent to the taking of the sample:
            2. in the case of a consent given by a parent of a suspect,—
              1. the giving to that person of the copy of the notice required by section 6(2)(a), as required by section 8(2)(a), or an acknowledgement by that person that a copy of that notice has been so given to him or her; and
                1. the giving of consent to the taking of a sample from the suspect.
                Notes
                • Section 9 heading: amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                • Section 9(1): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                • Section 9(1)(b): amended, on , by section 5(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2008 (2008 No 9).
                • Section 9(3): amended, on , by section 5(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2008 (2008 No 9).
                • Section 9(3)(b)(i): amended, on , by section 12 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).