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Criminal Investigations (Bodily Samples) Act 1995

DNA profile databank - Obtaining bodily sample by databank compulsion notice

40: Databank compulsion notice of no effect if conviction quashed

You could also call this:

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

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If you have a conviction for an offence and it gets quashed, a databank compulsion notice you got because of that offence is no longer valid. You do not have to give a bodily sample if your conviction is quashed before the sample is taken. A constable must tell you that the notice is no longer valid and you do not have to follow it, and they must confirm this in writing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369296.

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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, or

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

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41: Databank compulsion notice hearing may be requested on certain grounds, or

"You can ask for a hearing if you disagree with a request for a bodily sample."

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

40Databank compulsion notice of no effect if conviction quashed

  1. A databank compulsion notice ceases to have effect if, before a bodily sample is taken pursuant to the notice, the person’s conviction for the offence in relation to which the notice has been issued is quashed.

  2. If subsection (1) applies, a constable must,—

  3. as soon as practicable after the conviction is quashed, notify the person to whom the notice relates and, in the case of a person under the age of 18 years, a parent or other person having the care of that person that—
    1. the notice is of no effect; and
      1. the person to whom the notice relates is no longer required to give a bodily sample pursuant to that notice; and
        1. the notice may be disregarded; and
        2. as soon as practicable after notifying the person and, if applicable, the person’s parent or other person having the care of that person, of the matters listed in paragraph (a), confirm those matters in writing.

          Notes
          • Section 40: substituted, on , by section 23 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
          • Section 40 heading: amended, on , by section 8(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).
          • Section 40(1): amended, on , by section 8(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).
          • Section 40(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
          • Section 40(2)(a): amended, on , by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).