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Criminal Investigations (Bodily Samples) Act 1995

Procedures for taking bodily samples - Attendance for purpose of taking bodily sample: Compulsion order or databank compulsion notice

45AA: Date on which bodily sample to be taken

You could also call this:

"When You Can Give a Bodily Sample"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You cannot take a bodily sample if the date on the order or notice has passed. This is unless a warrant to arrest you has been issued under section 45, or a Judge has changed the date under section 42, section 43, section 43A, or section 47. You can still give a sample on a later date if you and a constable agree to change the date. If you agree to change the date with a constable but do not give the sample on that date, you can give it on the original date. You can also give it on an earlier date that you and the constable agree on under section 24A(2) or (4)​(b) or section 39A(2)​(c) or (3)​(b)​(ii). This means you have some flexibility in when you give the sample.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369531.

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

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45: Judge may issue warrant for arrest and detention, or

"A Judge can arrest and detain you if you don't give a bodily sample when required."

Part 4Procedures for taking bodily samples
Attendance for purpose of taking bodily sample: Compulsion order or databank compulsion notice

45AADate on which bodily sample to be taken

  1. A bodily sample must not be taken pursuant to a compulsion order or databank compulsion notice if the date specified in the order or notice on which the person to whom the order or notice relates is to attend to give a bodily sample has passed, unless—

  2. a warrant to arrest the person to whom the order or notice relates has been issued under section 45; or
    1. the date has been varied by a Judge under section 42, section 43, section 43A, or section 47 to a date later than the date originally specified in the order or notice.

      1. If a person to whom a compulsion order or databank compulsion notice relates and a constable agree to vary the date specified in a compulsion order or databank compulsion notice on which the person is to attend to give a bodily sample, but for any reason the person does not attend to give the sample on that date, the person may attend to give the sample on—

      2. the date specified in the order or notice, which may be the date as varied by a Judge under section 42, section 43, section 43A, or section 47; or
        1. any other date before the date specified in the order or notice, agreed to by the person to whom the order or notice relates and a constable under section 24A(2) or (4)(b) or section 39A(2)(c) or (3)(b)(ii).

          Notes
          • Section 45AA: inserted, on , by section 24(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
          • Section 45AA(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
          • Section 45AA(2)(b): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).