50Person giving sample under Part 2, 2A, or 3 entitled to have certain other persons present

1. A person from whom a bodily sample is taken under Part 2, 2A, or 3 is entitled to have the following persons present during the taking of the sample:

2. a lawyer, or another person, of the person’s choice; and
3. in the case of a person under the age of 18 years, a parent or other person who has the care of that person.

4. The constable who is responsible for arranging the taking of a bodily sample from a person pursuant to this Act shall,—

5. a reasonable time before that sample is to be taken, ascertain whether or not that person wishes to exercise the right conferred on that person by subsection (1) and, if so, the name of the person or persons chosen by that person pursuant to that subsection; and
6. take all reasonable steps to ensure that each person so chosen is notified—
   1. that the person from whom the sample is to be taken wishes him or her to be present during the taking of the sample; and
   2. of the date on which, and the time and place at which, the sample is to be taken.

7. Notwithstanding anything in paragraph (a) of subsection (1), where a bodily sample is to be taken from a person who is under the age of 18 years, the persons referred to in that paragraph may, unless the person from whom the sample is to be taken objects, be chosen, on that person’s behalf, by a parent or other person who has the care of that person, and in any such case the provisions of subsection (2) shall apply with all necessary modifications.

Notes

• Section 50 heading: amended, on 6 September 2010, by section 14(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
• Section 50(1): substituted, on 15 April 2004, by section 28 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
• Section 50(1): amended, on 6 September 2010, by section 14(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
• Section 50(1)(b): amended, on 1 July 2019, by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
• Section 50(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
• Section 50(2): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
• Section 50(3): amended, on 1 July 2019, by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
• Section 50(3): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).