Criminal Investigations (Bodily Samples) Act 1995

Miscellaneous provisions - Miscellaneous provisions

79: Indemnity

You could also call this:

"Protection from being sued for taking bodily samples correctly"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You cannot take someone to court for using force to take a fingerprick or buccal sample if they followed the rules in section 54(2) or (3) or 54A(2). This protection does not apply if someone was negligent when taking the sample. You can still take someone to court if they made a mistake when taking the sample.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369862.

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

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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"

80: Regulations, or

"Rules Made by the Governor-General to Help Follow the Law"

Part 5Miscellaneous provisions
Miscellaneous provisions

79Indemnity

No proceedings, civil or criminal, shall lie against any person in respect of the taking of a fingerprick or buccal sample using force in accordance with section 54(2) or (3) or 54A(2).
Nothing in subsection (1) shall apply with respect to any proceeding on the ground of any negligent act or omission in the taking of any bodily sample.

Compare

1962 No 135 s 58D
1988 No 170 s 7

Notes

Section 79(1): amended, on 6 September 2010, by section 29 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
Section 79(1): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
Section 79(1): amended, on 15 April 2004, by section 48 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
Section 79(2): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).