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Criminal Investigations (Bodily Samples) Act 1995

Procedures for taking bodily samples - Disposal of bodily samples

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

You could also call this:

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

Illustration for Criminal Investigations (Bodily Samples) Act 1995

The Commissioner must get rid of bodily samples taken under Part 3 of the Criminal Investigations (Bodily Samples) Act 1995. You need to know that the Commissioner has to destroy these samples within a certain time frame. The Commissioner must also destroy any records of the samples if a person's conviction is quashed. The Commissioner has to destroy bodily samples taken before a certain date within three months. You will have bodily samples taken after this date destroyed after a DNA profile is obtained. The Commissioner must destroy any records of the samples if a person's conviction is quashed, as stated in section 60 and Part 3 of Schedule 1. If a person's conviction is quashed, the Commissioner must destroy the bodily sample and any records of it. This includes any information about the sample that could identify the person it was taken from. The Commissioner must do this as soon as possible after the conviction is quashed, as per the rules in Part 3.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369806.

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

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63: Material extracted from samples to be destroyed, or

"Destroy any material from a destroyed bodily sample"

Part 4Procedures for taking bodily samples
Disposal of bodily samples

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

  1. Subject to subsections (3) and (4), the Commissioner shall ensure that every bodily sample taken, pursuant to Part 3, not later than 3 months before the specified date is destroyed not later than the close of the specified date.

  2. Subject to subsections (3) and (4), the Commissioner shall ensure that every bodily sample taken, pursuant to Part 3, on or after the specified date, or at any time within the period of 3 months before the specified date, is retained only for as long as is necessary to enable a DNA profile to be obtained from the sample, and is then destroyed.

  3. Nothing in subsection (1) or subsection (2) authorises the retention of any bodily sample that is required, by subsection (4) or by section 60, to be destroyed.

  4. Where—

  5. a bodily sample is taken pursuant to a databank compulsion notice issued in reliance on a person’s conviction of an imprisonable offence or offence against any of the provisions listed in Part 3 of Schedule 1; and
    1. that conviction is subsequently quashed,—
        1. the Commissioner shall ensure that—
      1. that bodily sample; and
        1. every record of any analysis of that bodily sample carried out on behalf of any constable; and
          1. every record, to the extent that it contains—
            1. information about that 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. are destroyed as soon as practicable after the conviction is quashed.

              Notes
              • Section 62 heading: amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
              • Section 62(1): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
              • Section 62(2): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
              • Section 62(3): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
              • Section 62(4)(a): amended, on , by section 43(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
              • Section 62(4)(a): amended, on , by section 16 of the Criminal Investigations (Bodily Samples) Amendment Act 2013 (2013 No 112).
              • Section 62(4)(a): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
              • Section 62(4)(a): amended, on , by section 38 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
              • Section 62(4)(c): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
              • Section 62(4)(d): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
              • Section 62(4)(d): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).