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Criminal Investigations (Bodily Samples) Act 1995

Procedures for taking bodily samples - Procedure for taking bodily samples

56A: How buccal sample to be dealt with

You could also call this:

"What happens to your buccal sample after it's taken"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

When a buccal sample is taken from you, the person taking it must follow some rules. They must seal the sample in a container once it has dried, or place it in a container to dry. They must also ask you if you want a second sample taken for your own use. If you want a second sample, the person taking it must help you get one. They might give you the means to take it yourself, or take it for you if they are a suitably qualified person. If you are in custody, they must give the second sample to someone you nominate as soon as possible, or immediately if that person is present. The person taking the sample might be a constable or a suitably qualified person. They have to do these things after taking your buccal sample, and they have to do them as soon as possible. If you are a child, a parent might be involved in taking the second sample, and the sample will be given to you or your parent, or the person you nominate if you are in custody, but not being held under a warrant issued under section 45.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369584.

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

56AHow buccal sample to be dealt with

  1. This section applies to the following persons:

  2. any constable supervising the taking of a buccal sample; and
    1. any suitably qualified person taking a buccal sample.

      1. Any person to whom this section applies must, after the taking of a buccal sample,—

      2. as soon as is practicable,—
        1. seal the buccal sample in a container once it has dried; or
          1. place the buccal sample in a container in a way that allows it to dry; and
          2. ask the person from whom the buccal sample was taken whether or not he or she wishes to have a second buccal sample taken for the purposes of having the buccal sample analysed on his or her own behalf; and
            1. if the person responds in the affirmative,—
              1. in the case of a constable supervising the taking of the buccal sample, provide the person from whom the second buccal sample is to be taken with the means to take a second buccal sample himself or herself (or in the case of a buccal sample being taken from a child, if applicable, provide a parent with the means to take a second buccal sample from the child); or
                1. in the case of a suitably qualified person, with the person’s consent take a second buccal sample or, if the person so requests, provide the person from whom the second buccal sample is to be taken with the means to take a second buccal sample himself or herself (or in the case of a buccal sample being taken from a child, if applicable, provide a parent with the means to take a second buccal sample from the child); and
                2. deliver any second buccal sample—
                  1. immediately to that person; or
                    1. if the person from whom the buccal sample was 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 buccal sample is taken; or
                        1. immediately to any person nominated for the purpose if the nominated person is present when the buccal sample is taken.

                      Notes
                      • Section 56A: inserted, on , by section 35 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                      • Section 56A(1)(a): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                      • Section 56A(2)(c)(i): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).