Criminal Investigations (Bodily Samples) Act 1995

Miscellaneous provisions - Procedural and evidential provisions

69: Non-attendance of persons not to affect admissibility of evidence

You could also call this:

"Evidence is still allowed in court even if your support person isn't there."

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If you are having a bodily sample taken from you, you can choose someone to be there with you. The evidence from the sample can still be used in court even if the person you chose is not there, as long as people tried to tell them when and where the sample was being taken. This rule has some exceptions, which are explained in section 50A(5).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369825.

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

68: Standard of proof, or

"How a judge decides what is most likely true"

70: Inference may be drawn from refusal to allow sample to be taken, or

"Refusing to give a bodily sample can be used against you in court."

Part 5Miscellaneous provisions
Procedural and evidential provisions

69Non-attendance of persons not to affect admissibility of evidence

No evidence obtained as a direct or indirect result of a bodily sample taken from a person pursuant to this Act shall be inadmissible in any proceedings merely because any person chosen pursuant to subsection (1) or subsection (3) of section 50 or section 50A(2)(a) or (4) or 50B(5) is not present during the taking of that sample, if all reasonable steps have been taken to ensure that the person so chosen is notified—
that the person from whom the sample is to be taken wishes him or her to be present during the taking of the sample; and
of the date on which, and the time and place at which, the sample is to be taken.

This section is subject to section 50A(5).

Notes

Section 69(1): amended, on 6 September 2010, by section 24(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
Section 69(1): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
Section 69(2): added, on 6 September 2010, by section 24(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).