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Criminal Investigations (Bodily Samples) Act 1995

DNA profile databank - Part 3 orders and other orders made at databank compulsion notice hearings

42: Part 3 orders and other orders made at databank compulsion notice hearings

You could also call this:

"What happens at a hearing about giving a bodily sample"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You are at a databank compulsion notice hearing. A Judge makes decisions here. The Judge looks at reasons why you might not have to give a bodily sample. If the Judge agrees with some reasons, they make an order. You might not have to give a sample if you are sick. The Judge decides if giving a sample would hurt you badly. They can change the date you have to give a sample or how it is taken. The Judge can also change the notice if they think it is fair. They do this if you have a good reason for not giving a sample on the original date. The Judge must follow rules when making these decisions. If none of the reasons apply, the Judge makes a Part 3 order. This means you have to give a bodily sample. The Judge's decision is based on what they hear 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=DLM369510.

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43: Judge may vary, or impose conditions on, databank compulsion notice, or

"A Judge can change or add conditions to a notice about giving a bodily sample."

Part 3DNA profile databank
Part 3 orders and other orders made at databank compulsion notice hearings

42Part 3 orders and other orders made at databank compulsion notice hearings

  1. If a Judge at a databank compulsion notice hearing is satisfied that either of the grounds specified in section 41(2)(a) or (b) have been proved, the Judge must make an order that the databank compulsion notice is of no effect.

  2. If a Judge at a databank compulsion notice hearing is satisfied that the ground specified in section 41(2)(c) has been proved, the Judge must,—

  3. if he or she believes on reasonable grounds that the state of the person’s health is unlikely to change, make an order that the databank compulsion notice is of no effect; or
    1. if he or she believes on reasonable grounds that the taking of a bodily sample by a particular method will not cause serious harm to the person’s health if taken on a date other than the date specified in the databank compulsion notice,—
      1. make a Part 3 order; and
        1. vary the notice by specifying a new date on which the person to whom a notice relates is to attend to give a bodily sample that need not be a date in accordance with the applicable date set out in section 39C(3)(b) or (4)(b); and
          1. vary the notice to require the sample be taken by a particular method.

          2. A Judge must not vary a databank compulsion notice under subsection (2)(b)(ii) and (iii) unless an independent medical practitioner approved by the Judge certifies that the taking of the sample by the method specified will not cause serious harm to the person’s health on the new date specified.

          3. If a Judge at a databank compulsion notice hearing is satisfied that the ground specified in section 41(2)(d) has been proved, the Judge must—

          4. make a Part 3 order; and
            1. vary the databank compulsion notice by specifying a new date on which the person to whom the notice relates is to attend to give a bodily sample pursuant to the databank compulsion notice, being a date later than 14 days after the date on which the notice was served and in accordance with the applicable date set out in section 39C(3)(b) or (4)(b).

              1. If a Judge at a databank compulsion notice hearing is satisfied that the ground specified in section 41(2)(e) has been proved, the Judge must,—

              2. if the latest permissible date that may be 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 had passed when the databank compulsion notice was served, make an order that the notice is of no effect; or
                1. if the latest permissible date that may be 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 had not passed when the databank compulsion notice was served,—
                  1. make a Part 3 order; and
                    1. vary the databank compulsion notice by specifying a new date on which the person to whom the notice relates is to attend to give a bodily sample pursuant to the notice, being a date in accordance with the applicable dates set out in section 39C(3) or (4).

                    2. If a Judge at a databank compulsion notice hearing is satisfied that either or both of the grounds specified in section 41(2)(f) or (g) have been proved, the Judge may make any order he or she considers appropriate.

                    3. If a Judge at a databank compulsion hearing is satisfied that none of the grounds specified in section 41(2) (including grounds other than those raised by the person requesting the hearing) has been proved, the Judge must make a Part 3 order.

                    4. This section is subject to sections 43A and 43B.

                    Notes
                    • Section 42: substituted, on , by section 23 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).