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Criminal Investigations (Bodily Samples) Act 1995

DNA profile databank - Obtaining bodily sample by consent

38: Retention of sample despite withdrawal of consent

You could also call this:

"What happens to your bodily sample if you change your mind about giving it"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If you gave a bodily sample and then changed your mind, some rules still apply. These rules are like those in section 26(a) and section 60. They apply as if the sample was taken under Part 2. You cannot use some rules in section 61 for the sample. The sample and information from it can be kept until they must be destroyed under section 60. A DNA profile from the sample cannot be used for most criminal investigations or court cases, except for some cases under section 77(2). The DNA profile can be stored if section 26(a) allows it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369282.

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37: Withdrawal of consent suspended, or

"What happens when you change your mind about giving a bodily sample"

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39: Issue and service of databank compulsion notice, or

"What is a databank compulsion notice and how does it work?"

Part 3DNA profile databank
Obtaining bodily sample by consent

38Retention of sample despite withdrawal of consent

  1. Where subsection (4)(c) or subsection (6)(b) of section 37 applies in respect of any bodily sample, the following provisions shall apply:

  2. sections 26(a) and 60 shall apply in respect of the bodily sample, and any information derived from any analysis of that sample, as if the bodily sample had been taken, pursuant to Part 2,—
    1. on the date on which the suspect compulsion order referred to in subsection (4)(c) or, as the case requires, subsection (6)(b) of section 37 was made; and
      1. in respect of the offence to which the order relates:
      2. nothing in section 61 shall apply in respect of the bodily sample or any such information:
        1. the bodily sample and any such information may be retained until—but, in the meantime, no DNA profile derived from the bodily sample shall be used for the purposes of any criminal investigation or any criminal proceedings (other than the investigation or prosecution of any offence against section 77(2)).
          1. their destruction is required by section 60; or
            1. in the case of a DNA profile derived from the bodily sample, section 26(a) authorises the storage of that DNA profile on a DNA profile databank,—

            Notes
            • Section 38: amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
            • Section 38(a): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
            • Section 38(b): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
            • Section 38(c): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
            • Section 38(c)(ii): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).