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Criminal Investigations (Bodily Samples) Act 1995

Procedures for taking bodily samples - Disposal of bodily samples

61A: Disposal of buccal samples and identifying information obtained under Part 2A

You could also call this:

"What happens to your buccal sample after a crime investigation"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

When you give a buccal sample, it must be destroyed. This happens when the test results show you were not involved in the crime, or when the results show you were involved but no care or protection order is made for you under section 14(1)(e) of the Oranga Tamariki Act 1989. The Police must destroy the sample and any records about it. The records include any test results and information that could identify you. The Commissioner must make sure this happens as soon as possible. This can take up to 60 days if the test results show you were involved in the crime. If a care or protection order is made for you, the sample and records are destroyed after the Family Court makes a decision. You have the right to have your sample and records destroyed. The Police must follow the rules to destroy your buccal sample and records.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369804.

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Topics:
Crime and justice > Police and safetyRights and equality > Privacy
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"Asking to keep a bodily sample for a longer time to help investigate a crime"

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62: Disposal of bodily samples and identifying information obtained under Part 3, or

"What happens to bodily samples taken by police after a case is finished or a conviction is overturned?"

Part 4Procedures for taking bodily samples
Disposal of bodily samples

61ADisposal of buccal samples and identifying information obtained under Part 2A

  1. The Commissioner must ensure that a buccal sample taken from a suspect as a result of a Part 2A request, and the information referred to in subsection (2), is destroyed,—

  2. in a case where the results of analysis of the buccal sample do not tend to confirm the suspect’s involvement in the offence in relation to which the buccal sample was taken, as soon as practicable after the Police receive those results; or
    1. in a case where the results of analysis of the buccal sample tend to confirm the suspect’s involvement in the offence in relation to which the buccal sample was taken but an application is not made for a care or protection order for the suspect on the ground set out in section 14(1)(e) of the Oranga Tamariki Act 1989, not later than 60 days after the Police receive the results of analysis of the buccal sample; or
      1. in the case where the results of analysis of the buccal sample tend to confirm the suspect’s involvement in the offence in relation to which the buccal sample was taken and an application has been made for a care or protection order for the suspect on the ground set out in section 14(1)(e) of the Oranga Tamariki Act 1989, as soon as practicable after a decision is made by the Family Court in relation to that application (whether or not an order is made).

        1. The information is—

        2. every record of any analysis of the buccal sample carried out on behalf of any constable; and
          1. every record to the extent that it contains—
            1. information about the buccal sample; and
              1. particulars that are identifiable by any person as particulars identifying that information with the person from whom the buccal sample was taken.

              Notes
              • Section 61A: inserted, on , by section 37 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
              • Section 61A(1)(b): amended, on , by section 43(4) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
              • Section 61A(1)(b): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
              • Section 61A(1)(c): amended, on , by section 43(4) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
              • Section 61A(1)(c): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
              • Section 61A(2)(a): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).