Plain language law

New Zealand law explained for everyone

Criminal Investigations (Bodily Samples) Act 1995

Procedures for taking bodily samples - Procedure for taking bodily samples

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

You could also call this:

"How a bodily sample can be taken from you"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If you are giving a bodily sample because of a Part 2A request, it can only be taken by a buccal sample. A buccal sample is when a swab is taken from the inside of your mouth. You might be asked to give a sample for other reasons, and it can be taken in different ways. If you are giving a sample because you are a suspect or for a databank, you can choose how the sample is taken. You can choose from a venous sample, a fingerprick sample, or a buccal sample. A venous sample is when blood is taken from a vein, and a fingerprick sample is when a small amount of blood is taken from your finger. If a Judge has ordered you to give a sample and you refuse, the sample might be taken by force. In this case, the sample will be taken by a fingerprick sample, unless the Judge has said it should be a buccal sample because of your health. A constable might tell you which method they prefer, but you get to choose if you can. If you do not have a preference, a constable will choose the method. If you still refuse to give a sample after a decision has been made, section 54(2) and section 54(3) will apply. This means that the constable can take the sample by force if you refuse.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369552.

This page was last updated on — View changes

Topics:
Crime and justice > Police and safetyHealth and wellbeing > Public healthRights and equality > Privacy
Previous

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

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

Next

48A: Method by which bodily sample may be taken: samples under Part 2B, or

"How a bodily sample can be taken from you"

Part 4Procedures for taking bodily samples
Procedure for taking bodily samples

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

  1. If a bodily sample is being taken as a result of a Part 2A request, it may only be taken by way of a buccal sample.

  2. If a bodily sample is being taken as a result of a suspect request or a databank request, or pursuant to a compulsion order or databank compulsion notice, it may, subject to subsections (3) to (5), be taken by any of the following methods:

  3. venous sample:
    1. fingerprick sample:
      1. buccal sample.

        1. In the case of a bodily sample being taken as a result of a suspect request or a databank request, the person from whom the sample is to be taken must be given an opportunity to elect which of the 3 methods referred to in subsection (2) is to be used to take the sample.

        2. In the case of a bodily sample being taken pursuant to a compulsion order or a databank compulsion notice where the Judge has not specified the method by which the sample is to be taken under section 17A, section 24A(1), section 42(2)(b)(iii), or section 44B, the person from whom the sample is to be taken must be given an opportunity to elect which of the 3 methods referred to in subsection (2) is to be used to take the sample, and, if—

        3. he or she agrees to give a sample in compliance with the order or notice, the sample must be taken by the method he or she has chosen; or
          1. he or she refuses to give a bodily sample in compliance with the order or notice, the sample, if it is taken by force under section 54(2) and, if applicable, section 54(3), must be taken by fingerprick sample.

            1. In the case of a bodily sample being taken pursuant to a compulsion order or databank compulsion notice where the Judge has specified under section 17A, section 24A(1), section 42(2)(b)(iii), or section 44B the method by which the sample is to be taken,—

            2. if the person agrees to give a sample in compliance with the order or notice, the sample must be taken by the method specified by the Judge; or
              1. if the person refuses to give a bodily sample in compliance with the order or notice, the sample, if taken by force under section 54(2) and, if applicable, section 54(3), must be taken by way of—
                1. buccal sample, if the Judge has specified under section 24A(1) or section 42(2)(b)(iii) a buccal sample as the method by which the sample is to be taken (because of the person’s state of health); or
                  1. fingerprick sample, in any other case.

                  2. A constable may indicate to a person making an election under subsection (3) or (4)(a) that the Police prefer a particular method for taking the sample be used.

                  3. If a person has been given a reasonable opportunity under subsection (3) or (4)(a) to choose the method by which the sample is to be taken and has indicated that he or she has no preference as to the method by which the sample is taken, a constable must choose which of the 3 methods is to be used to take the sample.

                  4. Section 54(2) and, if applicable, section 54(3) apply if a person refuses to allow a bodily sample to be taken after a decision has been made by a constable under subsection (7).

                  Notes
                  • Section 48: substituted, on , by section 25 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                  • Section 48 heading: amended, on , by section 11 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                  • Section 48(6): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                  • Section 48(7): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                  • Section 48(8): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).