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Criminal Investigations (Bodily Samples) Act 1995

Miscellaneous provisions - Miscellaneous provisions

83: Transitional provision

You could also call this:

"Rules for old cases when the law changed"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You are dealing with a law that was changed by the Criminal Investigations (Bodily Samples) Amendment Act 2003. This law still applies as if those changes had not been made in certain situations. These situations include when a request to take a blood sample was made before a specific part of the Criminal Investigations (Bodily Samples) Amendment Act 2003 came into effect. You can ask for permission to apply for another order to take a blood sample in relation to an order made before a specific part of the Criminal Investigations (Bodily Samples) Amendment Act 2003 came into effect. The application must be dealt with under the original law as if the Criminal Investigations (Bodily Samples) Amendment Act 2003 had not been passed. This means the changes made by the Criminal Investigations (Bodily Samples) Amendment Act 2003 do not apply. If you ask for permission to apply for another order in relation to an order made before a specific part of the Criminal Investigations (Bodily Samples) Amendment Act 2003 came into effect, the application must be dealt with as if it is an application under the law as changed by the Criminal Investigations (Bodily Samples) Amendment Act 2003. This applies to orders to take a blood sample from a suspect or a juvenile. The law as changed by the Criminal Investigations (Bodily Samples) Amendment Act 2003 will be used to deal with these applications.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369873.

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Part 5Miscellaneous provisions
Miscellaneous provisions

83Transitional provision

  1. Despite the amendments made to this Act by the Criminal Investigations (Bodily Samples) Amendment Act 2003, this Act continues to apply as if those amendments had not been made in respect of—

  2. a suspect request or a databank request to take a blood sample made before the commencement of section 51 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 and every matter arising out of that suspect request or databank request, until the blood sample is taken pursuant to that request:
    1. an application for a suspect compulsion order, juvenile compulsion order, or databank compulsion order to take a blood sample made before the commencement of section 51 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 and every matter arising out of that application (including but not limited to any warrant issued), until the sample is taken pursuant to that order.

      1. Leave may be sought to apply for a further databank compulsion order in relation to a databank compulsion order made before the commencement of section 51 of the Criminal Investigations (Bodily Samples) Amendment Act 2003, and the application must be dealt with under this Act as if the Criminal Investigations (Bodily Samples) Amendment Act 2003 had not been passed.

      2. If leave is sought to apply for a further suspect compulsion order or further juvenile compulsion order in relation to a suspect compulsion order or juvenile compulsion order made before the commencement of section 51 of the Criminal Investigations (Bodily Samples) Amendment Act 2003, the application for the further suspect compulsion order or further juvenile compulsion order must be dealt with as if it is an application for a further suspect compulsion order or further juvenile compulsion order under this Act as amended by the Criminal Investigations (Bodily Samples) Amendment Act 2003.

      Notes
      • Section 83: added, on , by section 51 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).