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Criminal Investigations (Bodily Samples) Act 1995

DNA profile databank - Databank compulsion notice hearing

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

You could also call this:

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

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You need to make a request in writing if you want a databank compulsion notice hearing. You must say which grounds you are using from section 41(2) of the Criminal Investigations (Bodily Samples) Act 1995. If you make this request, you cannot be made to give a bodily sample unless a Judge decides you must at the hearing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369502.

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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."

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41B: Obligations if databank compulsion notice hearing requested, or

"What happens if you ask for a hearing about a databank notice"

Part 3DNA profile databank
Databank compulsion notice hearing

41AForm and effect of request for databank compulsion notice hearing

  1. A request for a databank compulsion notice hearing—

  2. must be in writing; and
    1. must specify the ground or grounds listed in section 41(2) that are relied on.

      1. If a request is made for a databank compulsion notice hearing, a bodily sample must not be taken from the person to whom the databank compulsion notice relates unless a Judge at a databank compulsion notice hearing makes a Part 3 order.

      Notes
      • Section 41A: inserted, on , by section 23 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).