Criminal Investigations (Bodily Samples) Act 1995

DNA profile databank - Obtaining bodily sample by databank compulsion notice

39D: Parent or other person having care to be notified if Police suggest variation of databank compulsion notice issued in relation to person under age of 18 years

You could also call this:

"Police must tell your parent or caregiver if they want to change when or where you give a bodily sample."

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If you are under 18 years old and the Police want to change when or where you give a bodily sample, they must tell your parent or caregiver about the change. The Police must take all reasonable steps to notify them if they suggest changing the date or place under section 39A(2)(c) or section 39A(3)(b)(ii). This means the Police have to make a real effort to let them know.

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 It might be out of date or be missing some parts.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=DLM369294.

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

39C: Date and place for taking of sample to be specified in databank compulsion notice, or

"When and where you must give a bodily sample as stated in a databank compulsion notice"

40: Databank compulsion notice of no effect if conviction quashed, or

"If your conviction is overturned, you don't have to follow a notice to give a bodily sample."

Part 3DNA profile databank
Obtaining bodily sample by databank compulsion notice

39DParent or other person having care to be notified if Police suggest variation of databank compulsion notice issued in relation to person under age of 18 years

If a constable suggests varying, under section 39A(2)(c), the place where, the date on which, or the place where and the date on which a person under the age of 18 years is to attend to give a bodily sample pursuant to a databank compulsion notice, the constable must take all reasonable steps to notify a parent or other person having the care of the person of the suggested variation.
If a constable suggests varying, under section 39A(3)(b)(ii), the date on which a person under the age of 18 years is to attend to give a bodily sample pursuant to a databank compulsion notice, the constable must take all reasonable steps to notify a parent or other person having the care of the person of the suggested variation.

Notes

Section 39D: inserted, on 15 April 2004, by section 23 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
Section 39D heading: amended, on 1 July 2019, by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
Section 39D(1): amended, on 1 July 2019, by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
Section 39D(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 39D(2): amended, on 1 July 2019, by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
Section 39D(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).