Criminal Investigations (Bodily Samples) Act 1995

DNA profile databank - Databank compulsion notice hearing

41B: Obligations if databank compulsion notice hearing requested

You could also call this:

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

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If you ask for a databank compulsion notice hearing, a constable must file a notice of hearing in court as soon as possible. The court must tell you when and where the hearing is, and also tell your parent or caregiver if you are under 18 years old. The court must also tell your lay advocate, if you have one, and the constable in charge of the police station where the constable who filed the notice works, about the hearing time and place.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369504.

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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"


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41C: Appearance at databank compulsion notice hearing, or

"Who can attend and speak at a databank hearing"

Part 3DNA profile databank
Databank compulsion notice hearing

41BObligations if databank compulsion notice hearing requested

  1. A constable must, as soon as is practicable after receiving a request for a databank compulsion notice hearing, file a notice of hearing, in the prescribed form, in the appropriate court.

  2. The Registrar of the court in which the notice of hearing is filed must advise the following persons of the time and place for the hearing:

  3. the person to whom the notice relates:
    1. if the person to whom the notice relates is under the age of 18 years, a parent or other person having the care of that person:
      1. if a lay advocate has been appointed under section 326 of the Oranga Tamariki Act 1989 in respect of the person to whom the notice relates, that lay advocate:
        1. the constable in charge of the Police station where the constable who filed the notice of hearing is stationed.
          Notes
          • Section 41B: inserted, on , by section 23 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
          • Section 41B(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
          • Section 41B(2)(b): amended, on , by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
          • Section 41B(2)(c): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
          • Section 41B(2)(d): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
          • Section 41B(2)(d): amended, on , pursuant to section 116(a)(v) of the Policing Act 2008 (2008 No 72).