Criminal Investigations (Bodily Samples) Act 1995

Miscellaneous provisions - Procedural and evidential provisions

71: Information stored on DNA profile databank or obtained under Part 2B not admissible in criminal proceedings

You could also call this:

"Some DNA information can't be used in court to prove someone is guilty."

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If you have a DNA profile on a databank, it cannot be used against you in court. This is because the law says that DNA profiles from bodily samples taken under the Act are not admissible in criminal proceedings. However, there are some exceptions to this rule. If a bodily sample is taken under Part 2, the DNA profile can be used in court for the offence it was taken for. The DNA profile can also be used in court for any related offences. You should also know that nothing in this law affects the use of other evidence related to DNA profiles in criminal investigations, as long as that evidence would otherwise be allowed in court. This means that even if a DNA profile itself cannot be used, other evidence related to it might still be used. The law also says that DNA profiles obtained under Part 2B are not admissible in criminal proceedings, except in certain circumstances.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369829.

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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."

71A: Judge may consent to bodily sample taken under Part 2B being retained and used for evidential purposes, or

"A Judge can let Police keep and use your bodily sample as evidence."

Part 5Miscellaneous provisions
Procedural and evidential provisions

71Information stored on DNA profile databank or obtained under Part 2B not admissible in criminal proceedings

Subject to subsections (2) to (4), no DNA profile that is—
derived from any bodily sample taken pursuant to this Act from any person; and
stored on a DNA profile databank—

Subject to subsection (4), no DNA profile that is derived from a bodily sample taken under Part 2B is admissible against any person in any criminal proceedings.
Where a bodily sample is taken pursuant to Part 2, nothing in subsection (1) applies in respect of any proceedings for the offence in respect of which the sample was taken or for any related offence.
Nothing in subsection (1) applies in respect of any proceedings on any application for a compulsion order.
Nothing in subsection (1) or (1A) affects the admissibility of any evidence (other than a DNA profile) relating to the use of any DNA profile in the course of any criminal investigation, if that evidence would otherwise be admissible.

Notes

Section 71 heading: amended, on 6 September 2010, by section 25(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
Section 71(1)(a): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
Section 71(1A): inserted, on 6 September 2010, by section 25(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
Section 71(2): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
Section 71(4): amended, on 6 September 2010, by section 25(3) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).