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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

46A: Person detained or required to remain at residence to attend to give bodily sample

You could also call this:

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

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If you are serving a sentence of imprisonment by way of home detention, or you are on parole with residential restrictions, you might need to give a bodily sample. You can make an agreement with a constable to change the date of the sample, but it must be approved by your probation officer. If you are required to leave your residence to give a sample, the Police must tell the Department of Corrections as soon as possible. If a condition is included in a suspect compulsion order or a statement is included in a databank compulsion notice, the Police must give notice to the Department of Corrections. The Department of Corrections will then follow the rules that apply to your situation. You will be allowed to leave your residence to give the bodily sample. The rules about giving bodily samples apply to you, and you must follow them. You can find more information about these rules in section 46(5) and (6). The rules are in place to make sure you can give a bodily sample as required.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369545.

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"A Judge can change the date or place where you give a bodily sample if you ask them to."

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

46APerson detained or required to remain at residence to attend to give bodily sample

  1. An agreement reached, under section 24A(4)(b) or section 39A(3)(b)(ii), between a person serving a sentence of imprisonment by way of home detention or a sentence of home detention imposed under section 80A of the Sentencing Act 2002, or on parole subject to residential restrictions imposed under section 15 of the Parole Act 2002, and a constable to vary the date on which a bodily sample is to be taken, pursuant to a compulsion order or databank compulsion notice, is of no effect unless it has been approved by the probation officer supervising that person.

  2. Subsection (3) applies if—

  3. a condition is included in a suspect compulsion order or juvenile compulsion order under section 24A(5); or
    1. a statement is included in a databank compulsion notice under section 39A(4).

      1. If this subsection applies,—

      2. the Police must, as soon as practicable, give the Department of Corrections notice of the need for the person to leave the place where he or she is detained or required to remain for the purposes of having a bodily sample taken pursuant to a compulsion order or databank compulsion notice; and
        1. section 46(5) and (6) applies with all necessary modifications.

          Notes
          • Section 46A: substituted, on , by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
          • Section 46A(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).