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Criminal Investigations (Bodily Samples) Act 1995

Obtaining bodily samples from suspects - Obtaining bodily sample by consent

10: Withdrawal of consent

You could also call this:

"Changing your mind about giving a bodily sample"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You can withdraw your consent to give a bodily sample at any time before it is taken. You can do this orally or in writing. If you withdraw your consent, it is the same as if you had refused to give the sample in the first place. If you withdraw your consent orally, a constable will record it in writing as soon as possible. This is to make sure everyone knows you have changed your mind. You have the right to change your mind about giving a bodily sample. When you withdraw your consent, the person who asked for the sample will be told you have refused. This is an important part of the process. You are in control of whether or not to give a bodily sample.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369060.

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Topics:
Crime and justice > Police and safetyRights and equality > Anti-discriminationRights and equality > Privacy
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9: Consent to taking of bodily sample, or

"Agreeing to give a bodily sample"

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11: Consent deemed to have been refused, or

"Saying no to giving a bodily sample if you don't agree within 48 hours"

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

10Withdrawal of consent

  1. Where any person consents to the taking of a bodily sample in response to a suspect request,—

  2. that person may, at any time before the sample is taken, withdraw that consent, either orally or in writing; and
    1. on any such withdrawal, the suspect to whom the suspect request was made shall be deemed to have refused to consent to the taking of the sample.

      1. Where any such consent is withdrawn orally, that withdrawal shall be recorded in writing by a constable as soon as practicable.

      Notes
      • Section 10(1): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
      • Section 10(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).