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Criminal Investigations (Bodily Samples) Act 1995

DNA profile databank - DNA profile databank

26: Information that may be kept on DNA profile databank

You could also call this:

"What information can be stored on a DNA database?"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You can store some information on a DNA profile databank. This includes DNA profiles from bodily samples taken under certain parts of the law. The samples must be from people convicted of certain crimes. You can also store DNA profiles from young people if they are convicted of certain crimes. The Youth Court must have made an order about the young person. The crime must be serious enough to be considered an imprisonable offence. Some other information can be stored on the databank too. This includes DNA profiles from bodily samples taken under other parts of the law. There are rules about what information can be stored, and these rules are outlined in sections like sections 60, 60A, and 62.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369247.

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Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
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25: DNA profile databank, or

"A database of DNA profiles kept by the Police"

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26A: Removal of certain DNA profiles from DNA profile databank, or

"When your DNA profile must be removed from the database"

Part 3DNA profile databank
DNA profile databank

26Information that may be kept on DNA profile databank

  1. Subject to sections 60, 60A, and 62, the following information may be stored on a DNA profile databank:

  2. any DNA profile derived from a bodily sample taken from any person pursuant to Part 2, where—
    1. that person is convicted of the offence in respect of which the sample is taken, or of a related offence, (unless the conviction is subsequently quashed); and
      1. the offence of which the person is convicted is an imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1:
      2. any DNA profile derived from a bodily sample taken from a person under Part 2B if—
        1. that person is convicted of the triggering offence, or of a related imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1 (unless the conviction is subsequently quashed); and
          1. the offence of which the person is convicted is an imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1; and
            1. in the case of a person who was a young person on the date of the offence, a sentence of imprisonment or of a non-custodial nature is imposed for the offence or the Youth Court makes an order under section 283 of the Oranga Tamariki Act 1989:
            2. any DNA profile derived from a bodily sample taken from a young person under Part 2B if—
              1. the Youth Court made an order under section 282 of the Oranga Tamariki Act 1989 discharging the charge relating to the offence after finding that the offence was proved; and
                1. the offence in relation to which the order was made is a relevant offence, or a related offence:
                2. subject to section 36, any DNA profile derived from a bodily sample taken from any person pursuant to this Part.

                  Notes
                  • Section 26: amended, on , by section 8(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                  • Section 26(a): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                  • Section 26(a)(ii): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                  • Section 26(a)(ii): amended, on , by section 45(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                  • Section 26(ab): inserted, on , by section 8(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                  • Section 26(ab)(i): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                  • Section 26(ab)(i): amended, on , by section 45(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                  • Section 26(ab)(ii): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                  • Section 26(ab)(ii): amended, on , by section 45(3) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                  • Section 26(ab)(iii): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                  • Section 26(ab)(iii): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                  • Section 26(ac): inserted, on , by section 8(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                  • Section 26(ac)(i): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                  • Section 26(ac)(i): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                  • Section 26(ac)(i): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                  • Section 26(b): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).