Criminal Investigations (Bodily Samples) Act 1995

Procedures for taking bodily samples - Analysis of bodily samples and other material

57: Analysis of material found at scene, etc

You could also call this:

"Looking at clues found at a crime scene to help solve the case"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You might find material at a crime scene that could help solve the case. This material can be from the person who committed the crime or from the victim. It can be found at the crime scene, on the victim, or on something the victim was wearing. If the police take a bodily sample from you because they think you committed a crime, you can ask for some of the material found at the scene to be given to you or your lawyer. This can help you prove you are innocent. If you give a buccal sample, which is a sample from the inside of your cheek, because the police are asking for a care or protection order for you, the same rules apply as for a bodily sample. This is according to the Oranga Tamariki Act 1989. You can ask for some of the material found at the scene to be given to you or your lawyer.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369588.

This page was last updated on 12 December 2025 — View changes

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56A: How buccal sample to be dealt with, or

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

58: Analysis of bodily sample, or

"What happens when police test a bodily sample taken from you"

Part 4Procedures for taking bodily samples
Analysis of bodily samples and other material

57Analysis of material found at scene, etc

If—
material reasonably believed to be from, or genetically traceable to, the body of a person who committed the offence has been found or is available—
1. at the scene of the offence; or
2. on the victim of the offence; or
3. from within the body or from any thing coming from within the body of the victim of the offence that is reasonably believed to be associated with, or having resulted from, the commission of the offence; or
4. on any thing reasonably believed to have been worn or carried by the victim when the offence was committed; or
5. on any person or thing reasonably believed to have been associated with the commission of the offence; and
a bodily sample is taken pursuant to Part 2 from any person in respect of that offence; and
the person from whom the bodily sample is taken is charged with that offence, or a related offence,—

Subsection (1) applies with all necessary modifications to a buccal sample taken as a result of a Part 2A request if an application is made for a care or protection order for the suspect from whom the buccal sample is taken on the ground set out in section 14(1)(e) of the Oranga Tamariki Act 1989.

Notes

Section 57(1)(a): substituted, on 15 April 2004, by section 36(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
Section 57(1)(b): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
Section 57(1)(c): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
Section 57(2): added, on 15 April 2004, by section 36(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
Section 57(2): amended, on 1 July 2019, by section 43(4) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
Section 57(2): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).