Can New Zealand police take your DNA samples?

 
 
 
 
Western citizens' demands for privacy are high, and powerful state agencies, such as the New Zealand police, are often "cautious" in their dealings with citizens. In New Zealand, do you know when the police can ask you for a DNA sample? And what is the method of sampling? This article tells you some of the rules that New Zealand police must follow when taking DNA samples from others.

If the New Zealand Police arrest you for a criminal offence that could result in imprisonment, or intend to charge you with an item in the criminal offence, the New Zealand Police may request a DNA sample; If you are a suspect, but they do not have enough evidence to arrest you or prosecute you, the New Zealand police can only ask you to voluntarily provide samples, and if you refuse, the police can only go to a judge and obtain permission from the judge (warrant) to obtain samples from you. A court order that allows access to your DNA is called a "forced order."

Typically, when investigating less serious crimes, such as ordinary assault or intentional injury, the police will not be able to obtain a DNA sample from you without your consent;
 
 
 

In two cases, the police can legally ask you to provide a DNA sample:

In the first case, you are being arrested or about to be prosecuted, and if the police arrest you for a criminal offence that could result in imprisonment, or if they intend to prosecute you, they can legally ask you for a DNA sample. In such cases, a court order is not required.

If you are arrested or asked by the police for a DNA sample for reasons that could result in imprisonment, and you refuse, you could be fined up to NZ$2,000 or sentenced to three months in prison.

In the second case, the police have obtained permission from the court; if the police suspect that you have committed a crime that could result in imprisonment and you refuse to provide them with a DNA sample after they ask you to do so, the police can go to the District Court and ask the judge to order you to give a sample.
 
How long can new Zealand police keep my DNA samples?

If you are requested by the New Zealand Police to provide a DNA sample and the police have taken it, your DNA sample will be stored in Databank, a New Zealand Police DNA database, during the criminal investigation and until the court trial is completed. If the charges against you are not established, the database will immediately delete your DNA data at the request of the court, but if the charges are established and the offence is not serious, the New Zealand police and courts may permanently record your DNA information.
 
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