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Criminal Investigations (Bodily Samples) Act 1995

Procedures for taking bodily samples - Disposal of bodily samples

60: Disposal of bodily samples and identifying information obtained under Part 2

You could also call this:

"What happens to your bodily samples and personal info after a police investigation?"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

The Commissioner must ensure that bodily samples and information about them are destroyed. This happens after 24 months if you are not charged with an offence. If you are charged, it happens when the charge is withdrawn, you are acquitted, or after the appeal period if you are convicted of a non-imprisonable offence. The Commissioner must also destroy records of any analysis of bodily samples. This includes information about the sample and details that can identify you. The sample is destroyed after 24 months if you are not charged, or when the charge is withdrawn, you are acquitted, or after the appeal period if convicted. If you are convicted of an imprisonable offence, the sample is kept only until a DNA profile is obtained. Then it is destroyed. Nothing in this section requires the destruction of any DNA profile that may lawfully be kept in a DNA profile databank. If your conviction is quashed on appeal and a new trial is ordered, the rules about destroying the sample do not apply. The Commissioner must ensure that the sample is destroyed as soon as possible after the rules say it should be.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369599.

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60A: Disposal of bodily samples and identifying information obtained under Part 2B, or

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Part 4Procedures for taking bodily samples
Disposal of bodily samples

60Disposal of bodily samples and identifying information obtained under Part 2

  1. The Commissioner shall ensure that—

  2. every bodily sample taken pursuant to Part 2; and
    1. every record of any analysis of any such bodily sample carried out on behalf of any constable; and
      1. every record, to the extent that it contains—
        1. information about the sample; and
          1. particulars that are identifiable by any person as particulars identifying that information with the person from whom the sample was taken,—
            2. is destroyed,—
          2. subject to section 61, as soon as practicable after the expiry of the period of 24 months beginning on the date on which the sample is taken, if the person is not charged with the offence in relation to which the sample was taken, or a related offence, before the expiry of that period; or
            1. if the person is charged with such an offence before the expiry of that period, as soon as practicable after—whichever occurs first; or
              1. the charge is withdrawn; or
                1. the person is acquitted of the offence,—
                2. if the person is convicted of such an offence, and the offence is not an imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1, as soon as practicable after the expiry of the appeal period applicable to the conviction.

                  1. Subsection (2A) applies if—

                  2. a bodily sample is taken under Part 2 from a person; and
                    1. the person is convicted of the offence in respect of which the sample is taken, or of a related offence; and
                      1. the offence of which the person is convicted is an imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1.

                        1. The Commissioner must ensure that the sample is retained only for as long as necessary to enable a DNA profile to be obtained from the sample, and is then destroyed.

                        2. Nothing in this section requires the destruction of any DNA profile that may lawfully be retained in a DNA profile databank.

                        3. Nothing in subsection (1)(f) applies where the conviction for the offence is quashed on appeal and a new trial is ordered.

                        Notes
                        • Section 60 heading: amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                        • Section 60(1)(a): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                        • Section 60(1)(b): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                        • Section 60(1)(b): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                        • Section 60(1)(d): amended, on , by section 19 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                        • Section 60(1)(f): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                        • Section 60(1)(f): amended, on , by section 49(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                        • Section 60(2): substituted, on , by section 49(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                        • Section 60(2)(c): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                        • Section 60(2A): inserted, on , by section 49(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).