Criminal Investigations (Bodily Samples) Act 1995

Obtaining buccal sample from suspect who is child or was child when offence for which suspect may not be lawfully prosecuted committed - Obtaining buccal sample from suspect

24F: Form and content of notice

You could also call this:

"What to expect when you get a notice about giving a buccal sample"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

When you get a notice about giving a buccal sample, it must be in a special form. The notice tells you that you might have committed a crime and that you are being asked to give a buccal sample. It also says that the sample can only be taken if you and a parent agree to it. You are not forced to give the sample, and your parent is not forced to agree to it either. The notice says you can talk to a lawyer before making a decision. You can also talk to anyone else you want to before deciding. If you agree to give the sample, you can change your mind at any time before it is taken. The sample will be analysed, and if it shows you were involved in the crime, it might be used to get a care or protection order for you, but it will not be used to prosecute you. The notice will also tell you about who can take the sample and what happens to it after it is taken. The notice must include a summary of who can take the buccal sample, as stated in section 49A, and a statement about who must be present if you take the sample yourself, as stated in section 52A. It must also include a summary of the procedures for analysing the sample and sharing the results, as stated in sections 56A and 59. The notice will tell you about what happens to the sample and the results, as stated in section 61A, and it might include other information that is required by regulations. You can ask for the sample to be taken in front of a lawyer or another person you choose.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369235.

This page was last updated on 12 December 2025 — View changes

24E: Police obligations if Part 2A request made, or

"What police must do if they ask you for a DNA sample"

24G: Consent to taking of buccal sample, or

"Agreeing to give a mouth swab sample"

Part 2AObtaining buccal sample from suspect who is child or was child when offence for which suspect may not be lawfully prosecuted committed
Obtaining buccal sample from suspect

24FForm and content of notice

A notice given under section 24E(a) must—
be in the prescribed form; and
contain the following particulars:
1. a statement that it is believed that the suspect has or may have committed an offence for which he or she may not be lawfully prosecuted and that the suspect is being requested to consent to the giving of a buccal sample in relation to that offence:
2. a statement that there are reasonable grounds to believe that analysis of the buccal sample will tend to confirm or disprove the suspect’s involvement in the commission of the offence:
3. a statement that the buccal sample may not be taken from the suspect unless both the suspect and a parent of the suspect consent to the taking of the buccal sample:
4. a statement that the suspect is under no obligation to give the buccal sample:
5. a statement that no parent of the suspect is under any obligation to consent to the giving of the buccal sample:
6. a statement that the suspect and any parent of the suspect may wish to consult a lawyer before consenting to the taking of the buccal sample:
7. a statement that the suspect or any parent of the suspect is able to consult with any person (not being a constable) that he or she wishes before consenting to the buccal sample being taken:
8. a statement that, if the suspect or a parent of the suspect consents to the taking of the sample, he or she may, at any time before the buccal sample is taken, withdraw his or her consent to it being taken:
9. a statement that the sample will be analysed and may, if it tends to confirm the suspect’s involvement in the offence, be used to make an application for a care or protection order for the suspect on the ground set out in section 14(1)(e) of the Oranga Tamariki Act 1989, but may not be used to prosecute the suspect for any offence:
10. a summary of section 49A relating to who may take the buccal sample:
11. a statement that a buccal sample may be taken in the presence of a parent:
12. a summary of section 52A relating to who must be present if the suspect takes a buccal sample himself or herself:
13. a statement that the suspect or a parent of the suspect may request that the buccal sample be taken in the presence of a lawyer, or another person, of the suspect’s or parent’s choice:
14. a summary of sections 56A and 59 relating to the procedures for the analysis of the sample and disclosure of the results of the analysis:
15. a reference to section 61A relating to the disposal of the buccal sample and of any information derived from any analysis of the buccal sample:
16. any other particulars that may be prescribed under regulations made under this Act.

Notes

Section 24F: inserted, on 15 April 2004, by section 19 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
Section 24F(b)(i): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 24F(b)(vii): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 24F(b)(ix): amended, on 1 July 2019, by section 43(4) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
Section 24F(b)(ix): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).