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Criminal Investigations (Bodily Samples) Act 1995

Procedures for taking bodily samples - Procedure for taking bodily samples

51: Suitably qualified persons and certain other persons, not compelled to take sample or be present

You could also call this:

"Some people don't have to give bodily samples or be there when they're taken"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You do not have to take a bodily sample from someone just because you are suitably qualified. You do not have to be present when a bodily sample is taken if you are a lawyer or a person chosen under section 50(1)(a) or (3), 50A(2)(a) or (4), or 50B(5). You do not have to take a buccal sample from your child under section 49A(3)(c), (4)(b), or (6)(a) if you are a parent.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369561.

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"What a police warrant to take a bodily sample looks like and what it can be used for"

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52: Who may be present when bodily sample taken, or

"Who can be with you when a bodily sample is taken?"

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

51Suitably qualified persons and certain other persons, not compelled to take sample or be present

  1. Nothing in this Act—

  2. compels any suitably qualified person to take a bodily sample from any person; or
    1. compels any lawyer or person chosen under section 50(1)(a) or (3) or 50A(2)(a) or (4) or 50B(5), or any person referred to in section 50(1)(b) or 50A(2)(b), to be present during the taking of a bodily sample; or
      1. compels any parent to take a buccal sample from his or her child under section 49A(3)(c), (4)(b), or (6)(a).

        Notes
        • Section 51 heading: amended, on , by section 29(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
        • Section 51(a): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
        • Section 51(a): amended, on , by section 29(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
        • Section 51(b): substituted, on , by section 29(3) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
        • Section 51(b): amended, on , by section 16(1)(a) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
        • Section 51(b): amended, on , by section 16(1)(b) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
        • Section 51(c): added, on , by section 29(3) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
        • Section 51(c): amended, on , by section 16(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).