Criminal Investigations (Bodily Samples) Act 1995

Obtaining bodily samples from suspects - Obtaining bodily sample by consent

11: Consent deemed to have been refused

You could also call this:

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

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If you are asked to give a bodily sample, you have 48 hours to say yes or no. If you do not say yes within 48 hours, it means you have said no. If you are 18 or older, you can say yes or no by yourself. If you are under 18, you and one of your parents must say yes for it to mean yes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369062.

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10: Withdrawal of consent, or

"Changing your mind about giving a bodily sample"


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12: Right of suspect in custody to consult lawyer, or

"Your right to talk to a lawyer when police ask for a bodily sample"

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

11Consent deemed to have been refused

  1. For the purposes of sections 13, 16, 18, and 23, on the expiry of the period of 48 hours after a request is made under section 6 to a suspect, that suspect shall be deemed to have refused to consent to the taking of a bodily sample in response to that request unless, within that period,—

  2. in the case of a suspect request made to a person who is of or over the age of 18 years, that suspect has so consented; or
    1. in the case of a suspect request made to a person who is under the age of 18 years, both—have so consented.
      1. that suspect; and
        1. a parent of that suspect—
        Notes
        • Section 11: amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
        • Section 11(a): amended, on , by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
        • Section 11(b): amended, on , by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).