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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

46: Person in custody to attend to give bodily sample

You could also call this:

"When you're in custody, you must go to a place to give a bodily sample if ordered."

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You are in custody and a compulsion order or databank compulsion notice has been made or issued for you. You must go to the place where a bodily sample is to be taken. This can be a police station, a prison, or a hospital under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or a facility under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003. You might be in the custody of the Police or the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989. The person in charge of you must take you to the place where the sample is to be taken. They must do this on the date it is supposed to happen. The place and date might be changed by a Judge or by agreement between you and a constable. But any agreement you make with a constable is not valid unless the person in charge of you agrees to it. The Commissioner must pay for expenses like bringing you to the place where the sample is taken and taking you back to where you are being held. These expenses include food and care while you are away from where you are being held.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369538.

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"Rules for giving a bodily sample if you're on home detention or parole"

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

46Person in custody to attend to give bodily sample

  1. This section applies to a person in respect of whom a compulsion order has been made, or a databank compulsion notice has been issued, if that person is detained—

  2. in the custody of the Police; or
    1. in the custody of the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989; or
      1. in custody in any prison; or
        1. in a hospital under the Mental Health (Compulsory Assessment and Treatment) Act 1992; or
          1. in a facility under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

            1. A person having custody of, or responsibility for, a person to whom this section applies must cause that person to attend at the place where, and on the date on which, a bodily sample is to be taken pursuant to the compulsion order or databank compulsion notice.

            2. To avoid doubt, a place where, or a date on which, a person is to attend to give a bodily sample pursuant to a compulsion order or databank compulsion notice may be, if applicable,—

            3. a place or date as varied by a Judge under section 42, section 43, section 43A, or section 47; or
              1. a place or date as varied by agreement between the person to whom the order or notice relates and a constable under section 24A(2) or section 39A(2)(c).

                1. An agreement reached, under section 24A(2) or section 39A(2)(c), between a person to whom this section applies and a constable, to vary the place where, the date on which, or the place where and the date on which, a bodily sample is to be taken under a compulsion order or databank compulsion notice is of no effect unless it has been approved by the person having custody of, or responsibility for, the person to whom this section applies.

                2. The Commissioner must meet any of the following expenses incurred by any person:

                3. the expense of bringing a person to whom this section applies to the place where the bodily sample is to be taken; and
                  1. the expense of returning that person to the place where he or she is required to be detained.

                    1. The expenses referred to in subsection (5) include, but are not limited to, expenses relating to the maintenance and custody of a person to whom this section applies while he or she is absent from the place where he or she would otherwise be detained.

                    Notes
                    • Section 46: substituted, on , by section 24(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                    • Section 46(1)(b): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                    • Section 46(1)(c): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
                    • Section 46(1)(d): amended, on , by section 50(4) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
                    • Section 46(1)(e): added, on , by section 50(4) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
                    • Section 46(3)(b): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                    • Section 46(4): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).