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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

47: Variation by Judge on application of place and date for taking sample

You could also call this:

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

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If you get a compulsion order or a databank compulsion notice, you or a police officer can ask a Judge to change the date or place where you give a bodily sample. You can ask the Judge to change the date, the place, or both. The Judge will decide if it is a good idea to make the change. If the Judge agrees to make a change, the new date or place will be used instead of the old one. The Judge can also make other changes to the order or notice if they think it is necessary. For example, they can change conditions that were included in the order under section 24A(2), (3), or (5), or change details in a notice under section 39A(2)(c) or (4). You cannot ask the Judge to change a date or place that you have already agreed to with a police officer under section 24A(2) or section 39A(2)(c). But you and the police officer can agree to a new date or place if you want to make a change. You can ask the Judge to make a change at any time, before or after the date when you are supposed to 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=DLM369547.

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48: Method by which bodily sample may be taken: samples under Parts 2, 2A, and 3, or

"How a bodily sample can be taken from you"

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

47Variation by Judge on application of place and date for taking sample

  1. If a compulsion order is made, or a databank compulsion notice is issued, a constable who is of or above the level of position of sergeant, or a person to whom the order or notice relates, may at any time apply to a Judge of the appropriate court to—

  2. vary 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; or
    1. vary the place specified in the order or notice where the person to whom the order or notice relates is to attend to give a bodily sample; or
      1. do both of the matters referred to in paragraphs (a) and (b).

        1. For the purposes of subsection (1), the appropriate court is,—

        2. in relation to a compulsion order, the court in which the compulsion order was made; and
          1. in relation to a databank compulsion notice, the court before which the person to whom the databank compulsion notice relates was sentenced for the offence, or is due to appear for sentence for the offence, in relation to which the notice has been issued.

            1. An application may be made under this section at any time, whether before or after the date specified in the compulsion order or databank compulsion notice as the date on which the person to whom the order or notice relates is to attend to give a bodily sample.

            2. If a place, date, or place and date is varied under subsection (1), the varied place, date, or place and date must be treated for the purposes of the relevant compulsion order or databank compulsion notice, and this Act, as the place, date, or place and date specified in the order or notice.

            3. A Judge may, if he or she considers it appropriate, on an application under this section, vary a compulsion order or databank compulsion notice in any manner he or she thinks fit, including (without limitation) variation of—

            4. the application of a condition included in an order under section 24A(2), (3), or (5); or
              1. the particulars included in a notice under section 39A(2)(c) or (4).

                1. To avoid doubt, an application must not be made under subsection (1) to vary a date or place, or date and place, agreed to by the person to whom the compulsion order or databank compulsion notice relates and a constable under section 24A(2) or section 39A(2)(c), or to vary a date agreed to by those persons under section 24A(4)(b) or section 39A(3)(b)(ii), but that date or place, or date and place, may be varied by a further agreement between the parties.

                Notes
                • Section 47: substituted, on , by section 24(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                • Section 47(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                • Section 47(1): amended, on , by section 130(1) of the Policing Act 2008 (2008 No 72).
                • Section 47(2)(b): amended, on , by section 13 of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).
                • Section 47(6): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).