Criminal Investigations (Bodily Samples) Act 1995

DNA profile databank - Obtaining bodily sample by consent

33: Dual requests

You could also call this:

"When a police officer asks for a bodily sample, you can choose to give it for one or both reasons they ask."

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If a constable asks you for a bodily sample, they can ask for two types of requests at the same time. You can agree to give a sample for one or both requests, or you can refuse both. The constable must tell you that you have these choices. The constable must also tell you that if you agree to give a sample for only one request, the information from the sample can only be used for that request, unless section 26(a) says otherwise. They will give you a written notice with this information. The notice will also have other details that are required by law. Some other parts of the law will apply, but with a few changes. For example, section 9(3)(a)(ii) and section 34(3)(b) will be read as if they include the notice required by this section. This means the constable must follow these rules when asking you for a bodily sample.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369272.

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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"


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34: Consent to taking of bodily sample, or

"Agreeing to give a bodily sample: what you need to know"

Part 3DNA profile databank
Obtaining bodily sample by consent

33Dual requests

  1. A databank request made to any person may be made in conjunction with a suspect request, and, in any such case,—

  2. the constable making the requests shall, in addition to informing the person of the matters set out in sections 6(2)(b) and 30(2)(b), inform the person—
    1. that he or she may consent to the taking of a bodily sample in response to both requests, or in response to only one of the requests, or may refuse both of the requests; and
      1. that if he or she consents to the taking of a bodily sample in response to only one of the requests, then, subject to section 26(a), information derived from the analysis of that sample may be used for the purposes of that request only; and
      2. in addition to handing the person the notices required by sections 6(2)(a) and 30(2)(a), the constable shall hand the person a written notice in the prescribed form containing—
        1. a statement specifying the matters set out in subparagraphs (i) and (ii) of paragraph (a); and
          1. such other particulars as may be prescribed; and
          2. the following provisions of this Act shall apply subject to the following modifications:
            1. section 9(3)(a)(ii) shall be read as if there were inserted, after the word Act, the words and the notice required by section 33(b):
              1. section 34(3)(b) shall be read as if there were inserted, after the word Act, the words and the notice required by section 33(b).
              Notes
              • Section 33(a): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
              • Section 33(a)(i): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
              • Section 33(a)(ii): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
              • Section 33(b): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).