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Criminal Investigations (Bodily Samples) Act 1995

DNA profile databank - Databank compulsion notice hearing

41C: Appearance at databank compulsion notice hearing

You could also call this:

"Who can attend and speak at a databank hearing"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You can appear and give evidence at a databank compulsion notice hearing if you are the person the notice is about, or if you are a lawyer representing that person, or if you are the Police. You are also allowed to appear and give evidence if you are under 18 years old and the notice is about you, and you can have a parent or other caregiver with you. If you are under 18, a lay advocate appointed under section 326 of the Oranga Tamariki Act 1989 can also appear and give evidence for you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369506.

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Part 3DNA profile databank
Databank compulsion notice hearing

41CAppearance at databank compulsion notice hearing

  1. The following persons are entitled to appear and to adduce evidence at a databank compulsion notice hearing:

  2. the person to whom the databank compulsion notice relates:
    1. any lawyer who represents the person to whom the databank compulsion notice relates:
      1. the Police.

        1. If a person to whom a databank compulsion notice relates is under the age of 18 years, the following persons, as well as the persons listed in subsection (1), are entitled to appear and to adduce evidence at the databank compulsion notice hearing:

        2. any person who is a parent or other person having the care of the person to whom the databank compulsion notice relates:
          1. any lawyer representing a person referred to in paragraph (a):
            1. a lay advocate of the person to whom the databank compulsion notice relates, if any has been appointed under section 326 of the Oranga Tamariki Act 1989:
              1. with the leave of the Judge, any other person.

                1. The provisions of sections 21 and 22 (which relate to the appointment of a lawyer to represent a respondent who is under the age of 18 years) apply, with any necessary modifications, to a databank compulsion notice hearing if the person to whom the hearing relates is under the age of 18 years.

                Notes
                • Section 41C: inserted, on , by section 23 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                • Section 41C(2): amended, on , by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                • Section 41C(2)(c): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                • Section 41C(3): amended, on , by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).