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Criminal Investigations (Bodily Samples) Act 1995

Procedures for taking bodily samples - Disposal of bodily samples

61: Extension of period for which sample may be retained

You could also call this:

"Asking to keep a bodily sample for a longer time to help investigate a crime"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You can ask a District Court Judge or High Court Judge to keep a bodily sample for longer. They can do this if you have not been charged with a crime and it is still important for the investigation. The Judge can let them keep the sample for up to six months or a year in some cases. If you ask the Judge before the time to keep the sample runs out, you can keep the sample until the Judge makes a decision. A constable who is an inspector or higher can make this request. They must ask the Judge without telling you, this is called an ex parte application. The Judge can only say yes if they think it is still important to investigate the crime. They also need to think that you have not been charged because there is a good reason for this. You can find more information about this in Part 2 and section 60(1)​(b) and (c). A related offence is an offence that is connected to the crime being investigated. You can find more information about related offences in Part 3 of Schedule 1. The Judge's decision is important because it helps the police investigate crimes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369802.

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Crime and justice > Police and safetyCrime and justice > Criminal law
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Part 4Procedures for taking bodily samples
Disposal of bodily samples

61Extension of period for which sample may be retained

  1. On application in accordance with this section, a District Court Judge or High Court Judge may,—

  2. in respect of a bodily sample taken under Part 2 and related records as described in section 60(1)(b) and (c), extend the period specified in section 60(1)(d); or
    1. in respect of records as described in section 60A(1)(b) and (c), extend the period specified in section 60A(3)(a).

      1. In this section, the period in section 60(1)(d) or, as the case may be, section 60A(3)(a) is referred to as the relevant period.

      2. An application under subsection (1)—

      3. may be made only by a constable who is of or above the level of position of inspector; and
        1. may be made at any time before the relevant period (or any current extension of the relevant period granted pursuant to this section) has expired; and
          1. shall be made ex parte.

            1. An extension or, as the case requires, a further extension of the relevant period may be granted under this section only if the District Court Judge or High Court Judge is satisfied—

            2. that the person from whom the bodily sample was taken has not been charged with the triggering offence, or a related offence; and
              1. either of the circumstances mentioned in subsection (3A) exists.

                1. The circumstances referred to in subsection (3) are—

                2. that there is still good cause to suspect that the person committed an offence referred to in subsection (3)(a) and—
                  1. there is a good reason for the person not having been charged; and
                    1. it is important to the investigation of the offence that the bodily sample, and any records that would otherwise be required to be destroyed, be retained; or
                    2. that—
                      1. there is not, or no longer, good cause to suspect that the person committed an offence referred to in subsection (3)(a); but
                        1. it is important to the investigation of the offence, or to criminal proceedings in relation to that offence, that the bodily sample, and any records that would otherwise be required to be destroyed, be retained.

                        2. An extension or, as the case requires, a further extension of the relevant period may be granted under this section—

                        3. for a period of not more than 6 months; or
                          1. where the relevant period has previously been extended for periods that amount, in the aggregate, to 1 year or more, for a period of not more than 12 months—
                              1. commencing on the day after the day on which the relevant period (or, as the case requires, any current extension of the relevant period granted under this section) expires.

                            1. Where an application for the extension or, as the case requires, the further extension of the relevant period is duly made before the expiry of that period (or, as the case requires, of any current extension of that period granted under this section), then, until the application is determined, the sample (in the case of a sample taken under Part 2) and any records to which the application relates may be retained notwithstanding the expiration of that period or, as the case requires, any extension of that period.

                            2. In this section, related offence means—

                            3. a related imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1, if the bodily sample was taken under section 24J; or
                              1. a related relevant offence, if the bodily sample was taken under section 24K.

                                Notes
                                • Section 61(1): substituted, on , by section 21(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                                • Section 61(1): amended, on , by section 118(1) of the Courts Matters Act 2018 (2018 No 50).
                                • Section 61(1): amended, on , by section 50(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                                • Section 61(1A): inserted, on , by section 21(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                                • Section 61(2)(a): amended, on , pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).
                                • Section 61(3): substituted, on , by section 21(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                                • Section 61(3): amended, on , by section 118(2) of the Courts Matters Act 2018 (2018 No 50).
                                • Section 61(3): amended, on , by section 50(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                                • Section 61(3)(a): amended, on , by section 15(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).
                                • Section 61(3A): inserted, on , by section 21(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                                • Section 61(5): amended, on , by section 21(3) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                                • Section 61(6): inserted, on , by section 15(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).
                                • Section 61(6)(a): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).