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Criminal Investigations (Bodily Samples) Act 1995

Procedures for taking bodily samples - Procedure for taking bodily samples

55: How venous sample to be dealt with

You could also call this:

"What happens to a blood sample taken from you"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

When a venous sample is taken from you, the person taking it will ask if you want part of the sample to be kept for your own use. If you say yes, the sample will be divided into two parts and each part will be put into a separate container and sealed. One part of the sample will be given to you, or to someone you choose if you are in custody, as soon as possible, unless you are being held under a warrant issued under section 45. If you say no or do not answer, the sample will be put into a container and sealed. The person taking the sample can add a special substance to stop the blood from clotting, either before or after the sample is taken.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369580.

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

55How venous sample to be dealt with

  1. Subject to any regulations made under this Act, on the taking of a venous sample pursuant to this Act, the person taking the sample shall ask the person from whom the sample is taken whether or not he or she wishes to have part of the sample for the purposes of having it analysed on his or her own behalf.

  2. If the person responds in the affirmative to the question put to him or her in accordance with subsection (1),—

  3. the sample shall be divided into 2 parts; and
    1. each part shall be placed in a separate container, which shall then be sealed; and
      1. one part of the venous sample must be delivered—
        1. immediately to the person from whom it was taken; or
          1. if the person from whom the venous sample is taken is in custody (other than pursuant to a warrant issued under section 45),—
            1. as soon as is practicable to any person nominated by that person for the purpose if the nominated person is not present when the venous sample is taken; or
              1. immediately to any person nominated for the purpose if the nominated person is present when the venous sample is taken.

            2. If the person responds in the negative, or fails or refuses to respond, to the question put to him or her in accordance with subsection (1), all or part of the sample shall be placed in a container, which shall then be sealed.

            3. Any anti-coagulant substance may be added to any venous sample by placing it in the container, whether before or after the sample is taken and placed in the container.

            Notes
            • Section 55(2)(c): substituted, on , by section 33 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).