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Criminal Investigations (Bodily Samples) Act 1995

Miscellaneous provisions - Miscellaneous provisions

77: Offences

You could also call this:

"Breaking the rules about bodily samples can get you in trouble"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

If you pretend to be someone else to give a bodily sample, you can get in trouble. You might have to go to prison for up to 3 months or pay a fine of up to $2,000. You can also get in trouble if you refuse to give a bodily sample when you are supposed to. If you do something wrong with a DNA profile, like adding or deleting information, you can get in trouble. You might have to go to prison for up to 3 years. This can also happen if you try to access or use a bodily sample without permission. If you publish someone's name or details when you are not supposed to, you can get a fine of up to $1,000. This is because some information is private and should not be shared. You have to follow the rules about what you can and cannot do with bodily samples and DNA profiles.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369854.

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76: Information relating to bodily samples to be included in annual report of Police, or

"Police must report on bodily samples taken from people each year"

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78: Breach of compulsion order or Part 3 order not punishable as contempt, or

"Breaking a compulsion order is not disobeying the court"

Part 5Miscellaneous provisions
Miscellaneous provisions

77Offences

  1. Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000 who,—

  2. for the purpose of the providing of a bodily sample pursuant to this Act, personates any other person; or
    1. refuses to allow a bodily sample to be taken under a databank compulsion notice or under Part 2B and, as a result of that refusal, no sample is taken; or
      1. having been given a notice under section 50B requiring him or her to attend on a specified date and at a specified place and time to give a bodily sample under Part 2B, fails to comply with that notice.

        1. Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years who—

        2. knowingly falsifies any DNA profile stored on a DNA profile databank, or a Part 2B temporary databank, by the addition, deletion, or modification of any information in that profile; or
          1. knowingly provides false information with the intent that it should be stored on a DNA profile databank or a Part 2B temporary databank; or
            1. knowing that he or she is not authorised to do so, adds to or deletes from a DNA profile databank, or a Part 2B temporary databank, any information relating to any person; or
              1. in contravention of section 24R or 27,—
                1. gains or attempts to gain access to a DNA profile databank or a Part 2B temporary databank; or
                  1. discloses any information stored on a DNA profile databank or a Part 2B temporary databank; or
                  2. in contravention of section 24S or 28,—
                    1. gains or attempts to gain access to a bodily sample to which that section applies; or
                      1. uses any such bodily sample.

                      2. Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who publishes any name or particular in contravention of section 14 or section 19.

                      Compare
                      • 1976 No 19 s 29
                      • 1980 No 94 s 59
                      Notes
                      • Section 77(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                      • Section 77(1)(a): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                      • Section 77(1)(b): substituted, on , by section 28(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                      • Section 77(1)(c): added, on , by section 28(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                      • Section 77(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                      • Section 77(2)(a): amended, on , by section 28(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                      • Section 77(2)(b): amended, on , by section 28(3) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                      • Section 77(2)(c): amended, on , by section 28(4) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                      • Section 77(2)(d): amended, on , by section 28(5)(a) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                      • Section 77(2)(d)(i): amended, on , by section 28(5)(b) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                      • Section 77(2)(d)(ii): amended, on , by section 28(5)(b) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                      • Section 77(2)(e): amended, on , by section 28(6) of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
                      • Section 77(2)(e)(i): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                      • Section 77(2)(e)(ii): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
                      • Section 77(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).