Criminal Investigations (Bodily Samples) Act 1995

DNA profile databank - Obtaining bodily sample by consent

30: Request to consent to taking of bodily sample

You could also call this:

"A police officer can ask you for a bodily sample, but you don't have to give it"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If you are 18 years or older, a constable can ask you to give a bodily sample. The constable must give you a written notice with details as outlined in section 31(b). The constable must explain things to you in a way you can understand. The constable must tell you that the sample will be used to get information for a DNA profile databank. This information may be used by the Police to investigate crimes. You do not have to give the sample if you do not want to. The constable must also tell you that you can change your mind and withdraw your consent at any time before the sample is taken. You might want to talk to a lawyer before deciding what to do. The sample will be analysed and this could lead to you being charged with a crime. The constable must also explain that, except in certain circumstances, you can withdraw your consent to the use of the sample at any time. This means you can say you no longer want the Police to use the sample they took from you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369262.

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29: Authority to take bodily sample for DNA profile databank, or

"When can the police take a bodily sample from you for a DNA database?"


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"What to Expect When You Get a Notice About Giving a Bodily Sample"

Part 3DNA profile databank
Obtaining bodily sample by consent

30Request to consent to taking of bodily sample

  1. For the purposes of obtaining a DNA profile for storage on a DNA profile databank, a constable may request any person who is of or over the age of 18 years to give a bodily sample.

  2. On making a request under subsection (1), the constable shall—

  3. hand to the person to whom the request is made a written notice containing the particulars specified in section 31(b); and
    1. inform the person, in a manner and in language that the person is likely to understand,—
      1. that the purpose of the request is to obtain information that will be stored on a DNA profile databank and that may be used by the Police in the investigation of criminal offences; and
        1. that the person is under no obligation to give the bodily sample requested; and
          1. that if the person consents to the taking of the sample, the person may, at any time before the sample is taken, withdraw that consent; and
            1. that the person may wish to consult a lawyer before deciding whether or not to consent to the taking of the sample; and
              1. that the sample will be analysed, and information derived from the analysis may result in the person being charged with a criminal offence; and
                1. that, except in certain circumstances, the person may at any time withdraw that person’s consent to the use of the bodily sample.
                Notes
                • Section 30 heading: amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                • Section 30(1): amended, on , by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                • Section 30(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                • Section 30(1): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                • Section 30(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                • Section 30(2)(b)(ii): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                • Section 30(2)(b)(vi): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).