Criminal Investigations (Bodily Samples) Act 1995

Miscellaneous provisions - Miscellaneous provisions

73: Consent to taking of bodily sample may not be given on person’s behalf

You could also call this:

"You can't agree to a bodily sample being taken from someone else."

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You cannot give consent for someone else to have a bodily sample taken from them. This rule applies even if other laws or rules say something different. You can only give consent for your own bodily sample to be taken, in response to a suspect request, a Part 2A request, or a databank request.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369836.

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72: Other powers and abilities to take specimens from person’s body not affected, or

"This law doesn't stop others from taking body samples as allowed by other laws."


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Part 5Miscellaneous provisions
Miscellaneous provisions

73Consent to taking of bodily sample may not be given on person’s behalf

  1. Notwithstanding any other enactment or rule of law, no person shall be capable of consenting, on behalf of another person, to the taking of a bodily sample from that other person in response to a suspect request, Part 2A request, or a databank request.

Notes
  • Section 73 heading: amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
  • Section 73: amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
  • Section 73: amended, on , by section 42 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).