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Criminal Investigations (Bodily Samples) Act 1995

DNA profile databank - Obtaining bodily sample by consent

34: Consent to taking of bodily sample

You could also call this:

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

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If you agree to give a bodily sample, you must do it in writing or on a video record. You sign the paper or say yes on the video. The video must show the police asking you, giving you a notice as required by section 30(2)(a), and you saying yes. You can change your mind and withdraw your consent at any time before the sample is taken. You can do this by talking or writing. If you talk, a constable will write it down as soon as possible. If you give consent, it must be on the notice paper or a copy of it, as stated in section 30(2)(a). The video record must clearly show what is happening. You have the right to say no or change your mind.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369274.

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Topics:
Crime and justice > Police and safetyRights and equality > Privacy
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33: Dual requests, or

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

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35: Right of person in custody to consult lawyer, or

"Your right to talk to a lawyer when asked for a bodily sample while in custody"

Part 3DNA profile databank
Obtaining bodily sample by consent

34Consent to taking of bodily sample

  1. No consent to the taking of a bodily sample in response to a databank request shall be valid unless—

  2. it is in writing and signed by the person giving the consent; or
    1. it is given orally and recorded on a video record.

      1. Where any such consent is in writing, the consent shall be signified on the notice required by section 30(2)(a) to be handed to the person at the time of the making of the databank request, or on a copy of that notice.

      2. Where any such consent is recorded on a video record, the video record must clearly show—

      3. the making of the databank request to the person concerned; and
        1. the handing to that person of the notice required by section 30(2)(a) of this Act; and
          1. the giving of consent to the taking of the sample.

            1. Any person who gives such consent may, at any time before the sample is taken, withdraw that consent, either orally or in writing.

            2. Where any such consent is withdrawn orally, that withdrawal shall be recorded in writing by a constable as soon as practicable.

            Notes
            • Section 34 heading: amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
            • Section 34(1): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
            • Section 34(1)(b): amended, on , by section 7(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2008 (2008 No 9).
            • Section 34(3): amended, on , by section 7(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2008 (2008 No 9).
            • Section 34(5): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).