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

24H: Withdrawal of consent

You could also call this:

"You can change your mind about giving a bodily sample at any time before it happens."

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You can withdraw your consent to giving a buccal sample at any time before it is taken. You can do this by telling someone or by writing it down. If you tell someone, a constable must write it down as soon as possible. You can withdraw your consent if you are a suspect or the parent of a suspect. This is if you have already agreed to give a buccal sample after a Part 2A request. You can withdraw your consent at any time before the sample is taken. A constable is a police officer. They must record your withdrawal of consent in writing if you tell them you want to withdraw it. This must be done as soon as possible.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369239.

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

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24G: Consent to taking of buccal sample, or

"Agreeing to give a mouth swab sample"

24I: Buccal sample to be forwarded to approved agency as soon as practicable, or

"Police must send your buccal sample to a trusted agency quickly."

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

24HWithdrawal of consent

A suspect or a suspect’s parent who has given consent to the taking of a buccal sample as a result of a Part 2A request may, at any time before the sample is taken, withdraw that consent either orally or in writing.
If the consent is withdrawn orally, the withdrawal must be recorded in writing by a constable as soon as is practicable.

Notes

Section 24H: inserted, on 15 April 2004, by section 19 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
Section 24H(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).