Criminal Investigations (Bodily Samples) Act 1995

DNA profile databank - Obtaining bodily sample by consent

31: Form and content of notice

You could also call this:

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

Illustration for Criminal Investigations (Bodily Samples) Act 1995

When you are asked to give a bodily sample, you get a notice. The notice must be in a special form and have certain information. It tells you why the sample is needed. You are not forced to give the sample, and you can change your mind. The notice also says you can talk to a lawyer before deciding. It explains that the sample will be analysed and you might be charged. The notice has more details, like what happens when the sample is taken. It says you can have someone with you when the sample is taken. You can also find out what happens to the sample and the results. The notice tells you about rules for using your DNA profile. It explains how to get your information removed from a database. You can find out more about what happens to your sample and DNA profile.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369265.

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

Topics:

Crime and justice > Police and safetyRights and equality > Privacy

30: Request to consent to taking of bodily sample, or

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

32: Section 30 not to apply to persons under 18, or

"Rules about bodily samples don't apply to you if you're under 18"

Part 3DNA profile databank
Obtaining bodily sample by consent

31Form and content of notice

Every notice given pursuant to section 30(2)(a)—
shall be in the prescribed form; and
shall contain the following particulars:
1. a statement setting out the purpose for which the sample is required:
2. a statement that the person is under no obligation to give the sample:
3. a statement 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:
4. a statement that the person may wish to consult a lawyer before deciding whether or not to consent to the taking of the sample:
5. a statement that the sample will be analysed, and information derived from that analysis may result in the person being charged with a criminal offence:
6. a summary of the provisions of sections 48, 49, and 49A relating to the procedure for taking the sample:
7. a statement that the person may request that the sample be taken in the presence of a lawyer, or another person, of the person’s own choice:
8. a summary of the provisions of sections 55, 56, 56A, and 59 relating to the procedures for the analysis of that sample and the disclosure of the results of the analysis:
9. a summary of the provisions of section 27 relating to the use of any DNA profile obtained from the sample:
10. a summary of the provisions of section 36 relating to the removal of information from a DNA profile databank:
11. a summary of the provisions of sections 37 and 38 relating to the retention of a bodily sample and a DNA profile notwithstanding withdrawal of consent under section 36:
12. such other particulars as may be prescribed.

Notes

Section 31(b)(vi): amended, on 15 April 2004, by section 22(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
Section 31(b)(vii): substituted, on 15 April 2004, by section 22(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
Section 31(b)(viii): amended, on 15 April 2004, by section 22(3) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
Section 31(b)(xi): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).