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Criminal Investigations (Bodily Samples) Act 1995

Procedures for taking bodily samples - Procedure for taking bodily samples

52: Who may be present when bodily sample taken

You could also call this:

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

Illustration for Criminal Investigations (Bodily Samples) Act 1995

When a bodily sample is taken from you, certain people can be present. A constable, who is usually the same sex as you, can be there. The person taking the sample or a constable supervising the sample can also be present, as well as a parent if you are under 18 and taking a buccal sample. You can choose someone to be with you when the sample is taken, like a person you trust, if you are allowed to under section 50 or section 50A(2) or (4) or 50B(5). If you want, a person you trust can be with you, as stated in section 50(1)​(b) or 50A(2)​(b). If you are under 18 and taking a buccal sample yourself, an independent adult can be with you. A person guarding or escorting you can also be present if you are in custody. A constable can choose someone to be with you, as stated in section 50B(5). Any other person allowed by this Act can be present too.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369567.

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

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

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52A: Who must be present when suspect under age of 18 years takes own buccal sample for suspect request or Part 2A request, or

"Who needs to be with you when you're under 18 and take your own buccal sample?"

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

52Who may be present when bodily sample taken

  1. No person shall be present during the taking of a bodily sample from a person pursuant to this Act except—

  2. a constable, who, where practicable, shall be of the same sex as the person:
    1. the suitably qualified person who is to take the sample or the constable who will supervise the taking of the sample or, if section 49A(4)(b) or (6)(a) applies, the parent taking a buccal sample and the constable who will supervise the taking of the buccal sample:
      1. any person who is chosen, pursuant to subsection (1) or subsection (3) of section 50 or section 50A(2) or (4) or 50B(5), by or on behalf of the person from whom the sample is to be taken:
        1. any person referred to in section 50(1)(b) or 50A(2)(b), if the person from whom the sample is to be taken wishes the person to be present:
          1. in the case of a suspect under the age of 18 years who has consented to the taking of a bodily sample as a result of a suspect request or a Part 2A request and who has elected to take a buccal sample himself or herself, an independent adult, who may be one of the persons referred to in paragraph (c) or paragraph (d):
            1. where the person from whom the sample is to be taken is in custody, any person who is for the time being guarding or escorting that person:
              1. any person chosen by a constable under section 50B(5):
                1. any other person who is entitled by or under this Act to be present.

                  1. Repealed
                  Notes
                  • Section 52 heading: amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                  • Section 52(1): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                  • Section 52(1)(a): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                  • Section 52(1)(b): substituted, on , by section 30(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                  • Section 52(1)(b): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                  • Section 52(1)(c): amended, on , by section 17(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                  • Section 52(1)(d): amended, on , by section 17(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                  • Section 52(1)(da): inserted, on , by section 30(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                  • Section 52(1)(da): amended, on , by section 43(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                  • Section 52(1)(e): amended, on , by section 30(3) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                  • Section 52(1)(f): added, on , by section 17(3) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                  • Section 52(1)(g): added, on , by section 17(3) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                  • Section 52(2): repealed, on , by section 30(4) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).