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Criminal Investigations (Bodily Samples) Act 1995

DNA profile databank - Databank compulsion notice hearing

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

You could also call this:

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

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You can ask for a hearing if you get a databank compulsion notice. You must ask before the date you are supposed to give a bodily sample. You can ask for a hearing for certain reasons. You can ask for a hearing if the offence is not serious enough. You can also ask if your conviction is not one that this law applies to. Other reasons you can ask for a hearing include if your conviction was quashed, or if giving a sample would hurt your health. You can also ask if the date to give the sample is too soon, or if you were not served the notice properly. If you are under 18, your parent or caregiver can ask for a hearing for you. They can ask for the same reasons as you. The hearing will be in the court where you were sentenced or are due to appear for sentence. This court is called the appropriate court, which is defined in section 41B.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369500.

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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."

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41A: Form and effect of request for databank compulsion notice hearing, or

"Asking for a Hearing to Decide if You Must Give a Bodily Sample"

Part 3DNA profile databank
Databank compulsion notice hearing

41Databank compulsion notice hearing may be requested on certain grounds

  1. A person served with a databank compulsion notice or required to be served with a databank compulsion notice under section 39(2) may, before the date specified in the notice as the date on which the person to whom the notice relates is to attend to give a bodily sample, request a constable to arrange a databank compulsion notice hearing before a Judge of the appropriate court.

  2. A databank compulsion notice hearing may only be requested on 1 or more of the following grounds:

  3. that—
    1. the offence in relation to which the databank compulsion notice has been issued is not an imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1; or
      1. the conviction for the offence in relation to which the databank compulsion notice has been issued is not a conviction to which this Part applies:
      2. that the conviction for the offence in relation to which the databank compulsion notice has been issued—
        1. was quashed before the notice was issued; or
          1. was quashed after the notice was issued but before the sample was taken and the Police have not notified the person that the notice is of no effect under section 40(2):
          2. that all 3 methods available for the taking of a bodily sample will cause serious harm to the person’s health on the date specified in the databank compulsion notice as the date on which the person to whom the notice relates is to attend to give a bodily sample:
            1. that the date specified in the databank compulsion notice as the date on which the person to whom the notice relates is to attend to give a bodily sample is a date on or before the date that is 14 days after the date on which the notice was served:
              1. that the date specified in the databank compulsion notice as the date on which the person to whom the notice relates is to attend to give a bodily sample is,—
                1. if the person is not detained under a sentence of imprisonment for the offence in relation to which the notice is issued at the time the notice is served, a date that is on or after the date 6 months after the date the person’s conviction for the offence was entered; or
                  1. if the person is detained under a sentence of imprisonment for the offence in relation to which the notice is issued at the time the notice is served, a date that is on or after the later of the 2 following dates:
                    1. the date the person is to be released from being detained under a sentence of imprisonment for the offence; or
                      1. the date 6 months after the date the person’s conviction for the offence was entered:
                    2. that the person to whom the databank compulsion notice relates was not served with the notice:
                      1. if the person in relation to whom the databank compulsion notice has been issued is under the age of 18 years,—
                        1. that person was not served with the notice; or
                          1. that all reasonable steps have not been taken to serve the parent or other person having the care of the person with a copy of the notice.

                          2. If a databank compulsion notice is issued in relation to a person who is under the age of 18 years, that person’s parent or other person having the care of that person may request a hearing under any of the grounds set out in subsection (2).

                          3. In this section and section 41B, the appropriate court is the court before which the person to whom the databank compulsion notice relates was sentenced for the offence, or is due to appear for sentence for the offence, in relation to which the notice has been issued.

                          Notes
                          • Section 41: substituted, on , by section 23 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                          • Section 41(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                          • Section 41(2)(a)(i): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                          • Section 41(2)(a)(i): amended, on , by section 9(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).
                          • Section 41(2)(a)(ii): amended, on , by section 9(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).
                          • Section 41(2)(b): amended, on , by section 9(3) of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).
                          • Section 41(2)(e)(i): amended, on , by section 9(4) of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).
                          • Section 41(2)(e)(ii): amended, on , by section 9(4) of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).
                          • Section 41(2)(e)(ii)(A): amended, on , by section 9(4) of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).
                          • Section 41(2)(e)(ii)(B): amended, on , by section 9(4) of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).
                          • Section 41(2)(g): amended, on , by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                          • Section 41(3): amended, on , by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                          • Section 41(4): amended, on , by section 9(5) of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).