Criminal Investigations (Bodily Samples) Act 1995

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

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

You could also call this:

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

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If a Judge makes a Part 3 order, you need to know the Judge can also change some things. The Judge can change the place you go to give a bodily sample. The Judge can also change the date you go to give a bodily sample, as long as it is on a date that is allowed by section 39C(3) or (4). The Judge can add conditions to the notice that the Judge thinks are reasonable. The Judge must follow what is said in section 42 when making these changes. This is also subject to what is said in section 43A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369512.

This page was last updated on 12 December 2025 — View changes

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

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

43A: Change of circumstances before databank compulsion notice hearing takes place or is completed, or

"What happens if your situation changes before a hearing about a databank sample?"

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

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

If a Judge makes a Part 3 order, the Judge may also, if the Judge considers it appropriate, do any of the following:
specify in the databank compulsion notice in relation to which the order is made a new place at which the person to whom the notice relates is to attend to give a bodily sample:
specify in the databank compulsion notice in relation to which the order is made a new date on which the person to whom the notice relates is to attend to give a bodily sample, being a date in accordance with the applicable dates set out in section 39C(3) or (4):
include any reasonable conditions the Judge thinks fit in the databank compulsion notice.

A Judge may not do anything under subsection (1) that is inconsistent with what the Judge must do under section 42.
This section is subject to section 43A.

Notes

Section 43: substituted, on 15 April 2004, by section 23 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).