Plain language law

New Zealand law explained for everyone

Criminal Investigations (Bodily Samples) Act 1995

DNA profile databank - Obtaining bodily sample by consent

35: Right of person in custody to consult lawyer

You could also call this:

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

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You have the right to talk to a lawyer in private if you are in custody and someone asks you for a bodily sample. You can get advice from a lawyer about the request. The police can still keep you safe and make sure you do not escape or damage property.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369277.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safety
Previous

34: Consent to taking of bodily sample, or

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

Next

36: Withdrawal of consent after sample taken, or

"Withdrawing consent for a bodily sample after it's been taken"

Part 3DNA profile databank
Obtaining bodily sample by consent

35Right of person in custody to consult lawyer

  1. Subject to subsection (2), every person to whom a databank request is made and who is in custody is entitled to consult privately with a lawyer with respect to that request.

  2. Nothing in subsection (1) prevents the taking of such measures as are reasonably necessary—

  3. to prevent the person to whom the request is made from escaping; or
    1. to ensure the safety of that person or any other person; or
      1. to prevent that person from damaging any property.