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Criminal Investigations (Bodily Samples) Act 1995

Miscellaneous provisions

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

"Special Rules for When the Law Changes"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You are reading about the Criminal Investigations (Bodily Samples) Act 1995. This Act has some special rules that apply when a law change happens. These rules are called transitional, savings, and related provisions. You need to know what some words mean. A "young person" is someone under 18 years old. An "offence" is something you do that is against the law. A "bodily sample" is something like a blood test or a DNA swab. If you are 17 years old and you did something against the law before July 1, 2019, some special rules apply to you. These rules are about how the police and the court deal with you. They also apply if you are 17 years old and the police are still dealing with something you did before July 1, 2019. The police must tell you what is happening and why. They must explain things in a way that you can understand. There are also rules about what happens to your bodily sample and any information the police have about you. These rules are to protect you and make sure your information is safe. Some of these rules are about storing and removing DNA profiles. A DNA profile is like a special set of instructions that are unique to you. It's used to help the police solve crimes. The rules also talk about getting rid of bodily samples and information that the police don't need anymore. This is to make sure your information is protected and not kept for too long.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS217664.

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"Things done before changes are still valid"

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Schedule 1: Relevant offences, or

"Crimes in New Zealand that are against the law"

1AATransitional, savings, and related provisions Empowered by s 2B

1Provisions relating to Oranga Tamariki Legislation Act 2019

1Interpretation

  1. In this Part, unless the context otherwise requires,—

    2019 Act means the Oranga Tamariki Legislation Act 2019

      commencement date means the date on which section 39 of the 2019 Act comes into force

        offence includes—

        1. a related offence, as described in section 2(2):
          1. a triggering offence

            process or procedure—

            1. means a process or procedure under this Act, including (without limitation) the request for a bodily sample or the taking of a bodily sample; but
              1. does not include the storage or removal under section 24P, 26, or 26A of a DNA profile derived from a bodily sample.

              Notes
              • Schedule 1AA clause 1: inserted, on , by section 41 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

              Processes or procedures (for example, requesting or taking bodily sample)

              2Initial process or procedure commenced on or after commencement date: amended definition of young person applies

              1. This clause applies to any offence that was committed, or is believed to have been committed, before, on, or after the commencement date by a person aged 17 years.

              2. If the initial process or procedure in relation to the offence, or the alleged offence, is commenced on or after the commencement date against that person aged 17 years,—

              3. that person comes within the definition of young person in section 2, as amended by section 39 of the 2019 Act; and
                1. the provisions of this Act that apply to a young person, as amended by subpart 4 of Part 2 of the 2019 Act, apply to that person aged 17 years for the purpose of the initial process or procedure.

                  Notes
                  • Schedule 1AA clause 2: inserted, on , by section 41 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

                  3Process or procedure against person aged 17 years not completed on commencement date: amended definition of young person applies

                  1. This clause applies if any process or procedure against a person aged 17 years has commenced but is not completed on the commencement date in relation to any offence or any alleged offence.

                  2. For the purpose of any subsequent process or procedure on or after the commencement date in relation to the offence, or the alleged offence,—

                  3. that person comes within the definition of young person in section 2, as amended by section 39 of the 2019 Act; and
                    1. the provisions of this Act that apply to a young person, as amended by subpart 4 of Part 2 of the 2019 Act, apply to that person.

                      1. This clause is subject to clause 4.

                      Notes
                      • Schedule 1AA clause 3: inserted, on , by section 41 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

                      4Process or procedure against person aged 17 years not completed on commencement date: amended definition of young person does not apply

                      1. This clause applies to a process or procedure that has commenced against a person aged 17 years in any of the following circumstances (the circumstances):

                      2. if a constable has filed an application before the commencement date for a suspect compulsion order on the grounds that the suspect has refused consent to the taking of a bodily sample, and the application has not been determined before the commencement date:
                        1. if a Judge has made a suspect compulsion order that requires the person to give a bodily sample, and the sample has not been taken before the commencement date:
                          1. if a constable has filed a notice of hearing before the commencement date for a databank compulsion notice hearing following a request in writing from the person, and the hearing has not concluded before the commencement date:
                            1. if a Judge has made a Part 3 order that requires the person to give a bodily sample (whether by confirming the databank compulsion notice or varying the notice), and the sample has not been taken before the commencement date:
                              1. during any process or procedure that is subsequent to a process or procedure under paragraphs (a) to (d).

                                1. Despite clause 3(2) and the amendments in subpart 4 of Part 2 of the 2019 Act,—

                                2. this Act continues to apply in the circumstances as if those amendments were not made; and
                                  1. the provisions of this Act as it read before the commencement date that apply to a person aged 17 years or over apply to that person aged 17 years in the circumstances.

                                    1. A constable or Judge may permit a person to be present with the person aged 17 years in the circumstances—

                                    2. if, except for the application of subclause (2), the person would have been required or permitted by clause 3 to be present; and
                                      1. if the constable or Judge considers the presence of the person, and any consequence of the person being present (such as the giving of evidence), to be appropriate; and
                                        1. despite the fact that in all other respects the person aged 17 years is not treated as a young person under subclause (2).

                                          1. This clause does not create any right or requirement that a person be present with a person aged 17 years on or after the commencement date in the circumstances.

                                          2. Any decision lawfully made by the person aged 17 years, a constable, or a Judge before, on, or after the commencement date in relation to a process or procedure in the circumstances remains valid on and after the commencement date and may not be challenged only by reason of the changes in—

                                          3. the definition of young person in this Act as amended by section 39 of the 2019 Act; and
                                            1. the other provisions of this Act as amended by subpart 4 of Part 2 of the 2019 Act.

                                              Notes
                                              • Schedule 1AA clause 4: inserted, on , by section 41 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

                                              5Validation of forms

                                              1. This clause applies to a form that, before the commencement date,—

                                              2. was prescribed under this Act; and
                                                1. was provided lawfully to a person aged 17 years; and
                                                  1. was relied upon in accordance with the law as it was before the commencement date; and
                                                    1. either—
                                                      1. was used in a process or procedure to which clause 3 applies; or
                                                        1. was used and continues to be used in a process or procedure to which clause 4 applies.

                                                        2. The validity of the form and anything done or undertaken in reliance on it may not be challenged on or after the commencement date only by reason of the change in—

                                                        3. the definition of young person in this Act as amended by section 39 of the 2019 Act; and
                                                          1. the other provisions of this Act as amended by subpart 4 of Part 2 of the 2019 Act.

                                                            Notes
                                                            • Schedule 1AA clause 5: inserted, on , by section 41 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

                                                            6Information to be given

                                                            1. A constable must take all reasonable steps to inform a person to whom this Part applies, in a manner and in language that the person is likely to understand, of the processes and procedures to which the person is subject on or after the commencement date and why they are being applied.

                                                            Notes
                                                            • Schedule 1AA clause 6: inserted, on , by section 41 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

                                                            Bodily sample taken under section 24J

                                                            7Bodily sample taken under section 24J before commencement date

                                                            1. The Commissioner may not use or hold a bodily sample on or after the commencement date if—

                                                            2. the sample was taken from a person aged 17 years—
                                                              1. before the commencement date; and
                                                                1. under section 24J for an imprisonable offence that is not a relevant offence; and
                                                                2. that person is aged 17 years on the commencement date; and
                                                                  1. that person has not been charged with the triggering imprisonable offence or related imprisonable offence before the commencement date.

                                                                    1. The Commissioner must ensure that the following are destroyed as soon as practicable after the commencement date:

                                                                    2. the bodily sample referred to in subclause (1); and
                                                                      1. every record, to the extent that it contains—
                                                                        1. information about the bodily sample; and
                                                                          1. particulars that are identifiable by any person as particulars identifying that information with the person from whom the sample was taken.

                                                                          Notes
                                                                          • Schedule 1AA clause 7: inserted, on , by section 41 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

                                                                          Storage of DNA profile on Part 2B temporary databank

                                                                          8Storage on Part 2B temporary databank of DNA profile derived from sample taken before commencement date

                                                                          1. This clause applies if—

                                                                          2. a bodily sample was taken from a person aged 17 years—
                                                                            1. before the commencement date; and
                                                                              1. under section 24J for a relevant offence; and
                                                                              2. that person is aged 17 years on the commencement date; and
                                                                                1. that person has not been charged with the triggering relevant offence or related relevant offence before the commencement date.

                                                                                  1. A DNA profile derived from that bodily sample may be stored on a Part 2B temporary databank only if—

                                                                                  2. the person from whom the bodily sample was taken is charged with the triggering relevant offence or related relevant offence on or after the commencement date; and
                                                                                    1. circumstances have not yet arisen in which—
                                                                                      1. records of the DNA profile must be destroyed under section 60A; or
                                                                                        1. the DNA profile may be stored on a DNA profile databank under section 26(ab) or (ac).

                                                                                        Notes
                                                                                        • Schedule 1AA clause 8: inserted, on , by section 41 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

                                                                                        9Removal of DNA profiles from Part 2B temporary databank

                                                                                        1. When either of the circumstances in clause 8(2)(b)(i) or (ii) has arisen in relation to a DNA profile to which clause 8 applies, the DNA profile must be removed from the Part 2B temporary databank.

                                                                                        Notes
                                                                                        • Schedule 1AA clause 9: inserted, on , by section 41 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

                                                                                        Storage of DNA profile under section 26(a), (ab), and (ac) and removal under section 26A

                                                                                        10Storage and removal of DNA profile under certain sections: amended definition of young person applies

                                                                                        1. This Act, as amended by subpart 4 of Part 2 of the 2019 Act, applies to the storage of a DNA profile under section 26(a) and the removal of the DNA profile under section 26A on and after the commencement date if—

                                                                                        2. the bodily sample for the DNA profile is taken from a person aged 17 years before, on, or after the commencement date; and
                                                                                          1. the offence by the person to which section 26(a) applies and for which the bodily sample is taken, or a related offence, occurred before the commencement date; and
                                                                                            1. the person is charged with the offence on or after the commencement date; and
                                                                                              1. section 26A(2)(b) applies to that person on or after the commencement date.

                                                                                                1. This Act, as amended by subpart 4 of Part 2 of the 2019 Act, applies to the storage of a DNA profile under section 26(ab) and the removal of the DNA profile under section 26A on and after the commencement date if—

                                                                                                2. the bodily sample for the DNA profile is taken from a person aged 17 years before, on, or after the commencement date; and
                                                                                                  1. the triggering offence by the person to which section 26(ab) applies and for which the bodily sample is taken, or a related offence, occurred before the commencement date; and
                                                                                                    1. the person is charged with the offence on or after the commencement date; and
                                                                                                      1. section 26A(2)(b) applies to that person on or after the commencement date.

                                                                                                        1. This Act, as amended by subpart 4 of Part 2 of the 2019 Act, applies to the storage of a DNA profile under section 26(ac) and the removal of the DNA profile under section 26A on and after the commencement date if—

                                                                                                        2. the bodily sample for the DNA profile is taken from a person aged 17 years before, on, or after the commencement date; and
                                                                                                          1. the offence by the person to which section 26(ac) applies and for which the bodily sample is taken, or a related offence, occurred before the commencement date; and
                                                                                                            1. the person is charged with the offence on or after the commencement date; and
                                                                                                              1. section 26A(3)(b) applies to that person on or after the commencement date.

                                                                                                                1. Subclauses (1), (2), and (3) apply despite—

                                                                                                                2. any requirement in this Act that a person be a young person when a bodily sample is taken; or
                                                                                                                  1. a requirement under section 26 or 26A that a person be a young person on the date of the offence.

                                                                                                                    Notes
                                                                                                                    • Schedule 1AA clause 10: inserted, on , by section 41 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

                                                                                                                    Disposal of bodily sample

                                                                                                                    11Disposal of bodily sample and identifying information obtained under Part 2B before commencement date

                                                                                                                    1. For the purpose of this clause, a related offence in section 60A includes a related relevant offence if—

                                                                                                                    2. the bodily sample was taken from a person aged 17 years—
                                                                                                                      1. before the commencement date; and
                                                                                                                        1. under section 24J for a relevant offence; and
                                                                                                                        2. that person is aged 17 years on the commencement date; and
                                                                                                                          1. that person has not been charged with the triggering relevant offence or related relevant offence before the commencement date.

                                                                                                                            Notes
                                                                                                                            • Schedule 1AA clause 11: inserted, on , by section 41 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

                                                                                                                            12Extension of period for which sample taken before commencement date may be retained

                                                                                                                            1. For the purpose of this clause, a related offence in section 61 includes a related relevant offence if—

                                                                                                                            2. the bodily sample was taken from a person aged 17 years—
                                                                                                                              1. before the commencement date; and
                                                                                                                                1. under section 24J for a relevant offence; and
                                                                                                                                2. that person is aged 17 years on the commencement date; and
                                                                                                                                  1. that person has not been charged with the triggering relevant offence or related relevant offence before the commencement date.

                                                                                                                                    Notes
                                                                                                                                    • Schedule 1AA clause 12: inserted, on , by section 41 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).