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Criminal Investigations (Bodily Samples) Act 1995

DNA profile databank - Further databank compulsion notice

44A: Certain matters relating to further databank compulsion notice

You could also call this:

"Getting another bodily sample needs a Judge's permission if the first one is lost or can't be used."

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You need a Judge's permission to get another bodily sample from someone. The Judge will only say yes if the first sample was lost, destroyed, or could not be analysed. You can find more information about when a sample can be destroyed in section 62(1) or (2). A Judge can say no to getting another sample if it would be unfair or an abuse of process. The Judge can also say yes even if the time limit set out in section 39C(3)(b) or (4)(b) has been reached. If the Judge says yes, the police must follow the rules for getting a bodily sample, except for the time limit. You cannot ask for a hearing about the time limit, but you can ask for a hearing for other reasons, as stated in section 41(2).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369523.

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44: Further databank compulsion notice, or

"When You Need to Give Another Bodily Sample for the Same Crime"

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44B: Judge to specify method of taking sample if further databank compulsion notice issued, or

"Judge decides how to take a bodily sample if another notice is issued"

Part 3DNA profile databank
Further databank compulsion notice

44ACertain matters relating to further databank compulsion notice

  1. A Judge must not grant leave for a further databank compulsion notice to be issued unless he or she is satisfied that it is necessary to obtain another bodily sample from the person in relation to whom the databank compulsion notice was issued because—

  2. the sample taken pursuant to the notice—
    1. has been lost; or
      1. has been destroyed (other than under section 62(1) or (2)); or
      2. a proper analysis of the sample taken pursuant to the notice has not been possible on account of the condition of that sample.

        1. A Judge may refuse to grant leave to issue a further databank compulsion notice if he or she is satisfied that the taking of a further bodily sample would be vexatious or an abuse of process.

        2. A Judge may grant leave for a further databank compulsion notice to be issued even if the applicable date set out in section 39C(3)(b) or (4)(b) before which a person may be required to attend to give a bodily sample has been reached.

        3. If a Judge grants leave for a further databank compulsion notice to be issued in the circumstances referred to in subsection (3), the constable who is of or above the level of position of inspector issuing the notice must comply with all of the obligations relating to the issuing of a databank compulsion notice, except for the inclusion of a date for the person to attend to give a sample that is in accordance with the applicable date set out in section 39C(3)(b) or (4)(b).

        4. A person in relation to whom a further databank compulsion notice is issued in the circumstances referred to in subsection (3) may not request a databank compulsion hearing on the ground specified in section 41(2)(e), but may do so on any other ground specified in section 41(2).

        Notes
        • Section 44A: inserted, on , by section 23 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
        • Section 44A(4): amended, on , pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).