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Criminal Investigations (Bodily Samples) Act 1995

Procedures for taking bodily samples - Procedure for taking bodily samples

49A: Persons authorised to take buccal samples

You could also call this:

"Who can take a buccal sample from you"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If you are 18 or older, you can choose to take a buccal sample yourself under a constable's supervision or have a suitably qualified person take it. You can take the sample yourself if you are 14 to 17 years old, or have a suitably qualified person take it, or have an independent adult take it under a constable's supervision if it's under Part 2B. If you are a child, you can choose to have a parent take the sample under a constable's supervision or have a suitably qualified person take it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369556.

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"You can have a support person with you when giving a bodily sample."

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

49APersons authorised to take buccal samples

  1. If a buccal sample is being taken pursuant to a compulsion order or databank compulsion notice or under Part 2B from a person of or over the age of 18 years, he or she may elect to—

  2. take the buccal sample himself or herself under the supervision of a constable; or
    1. have the buccal sample taken by a suitably qualified person.

      1. If a buccal sample is being taken pursuant to a suspect request or a databank request from a person of or over the age of 18 years, the buccal sample must be taken by the person from whom the buccal sample is to be taken himself or herself under the supervision of a constable.

      2. If a buccal sample is being taken under this Act from a person of or over the age of 14 years but under the age of 18 years, he or she may elect to—

      3. take the buccal sample himself or herself under the supervision of a constable; or
        1. have the buccal sample taken by a suitably qualified person; or
          1. in the case of a sample being taken under Part 2B, have the buccal sample taken by an independent adult under the supervision of a constable.

            1. If a buccal sample is being taken under this Act from a child, he or she may elect—

            2. one of the options set out in subsection (3); or
              1. to have the buccal sample taken by a parent, under the supervision of a constable.

                1. Despite subsections (1)(a), (2), and (3)(a), if a person is unable to take a buccal sample himself or herself due to disability or injury, the buccal sample must be taken by a suitably qualified person.

                2. Despite subsection (4), a child who is unable to take a buccal sample himself or herself due to disability or injury may only elect to have the buccal sample taken by—

                3. a parent, under the supervision of a constable; or
                  1. a suitably qualified person.

                    1. A bodily sample must not be taken from a child if—

                    2. a buccal sample is to be taken as a result of a Part 2A request; and
                      1. the child is unable to take the buccal sample himself or herself due to disability or injury; and
                        1. the child does not make an election under subsection (6).

                          Notes
                          • Section 49A: inserted, on , by section 27 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                          • Section 49A(1): amended, on , by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                          • Section 49A(1): amended, on , by section 13(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                          • Section 49A(1)(a): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                          • Section 49A(2): amended, on , by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                          • Section 49A(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                          • Section 49A(3): amended, on , by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                          • Section 49A(3)(a): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                          • Section 49A(3)(b): amended, on , by section 13(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                          • Section 49A(3)(c): added, on , by section 13(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                          • Section 49A(4)(b): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                          • Section 49A(6)(a): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).