EVIDENCE ACT 1977 - SECT 95A DNA evidentiary certificate

EVIDENCE ACT 1977 - SECT 95A

95A DNA evidentiary certificate

(1) This section applies to a criminal proceeding.

(2) However, subsections (4) , (5) , (8) and (9) do not apply to a criminal proceeding if the proceeding is an examination of witnesses in relation to an indictable offence.

(3) A certificate, in the approved form, purporting to be signed by a DNA analyst and stating any of the following matters is evidence of the matter—

(a) that a stated thing was received at a stated laboratory on a stated day;

(b) that the thing was tested at the laboratory on a stated day or between stated days;

(c) that a stated DNA profile has been obtained from the thing;

(d) that the DNA analyst—

(i) examined the laboratory’s records relating to the receipt, storage and testing of the thing, including any test process that was done by someone other than the DNA analyst; and

(ii) confirms that the records indicate that all quality assurance procedures for the receipt, storage and testing of the thing that were in place in the laboratory at the time of the test were complied with.

(4) If a party (the
"relying party" ) intends to rely on the certificate, the relying party must, at least 10 business days before the hearing day, give a copy of the certificate to each other party.

(5) If, at least 5 business days before the hearing day, a party other than the relying party gives a written notice to each other party that it requires the DNA analyst to give evidence, the relying party must call the DNA analyst to give evidence at the hearing.

(6) If the responsible person for the laboratory receives a written request from a party for a copy of the laboratory’s records relating to the receipt, storage and testing of the thing, the responsible person must give the party a copy of the records within 7 business days after receiving the request.

(7) If a party intends to challenge a matter stated in the certificate, the party must, at least 5 business days before the hearing day, give the responsible person and each other party notice, in the approved form, of the matter to be challenged.

(8) A party challenging a matter stated in the certificate may, with the leave of the court, require the party relying on the certificate to call any person involved in the receipt, storage or testing of the thing to give evidence at the hearing.

(9) The court may give leave only if the court is satisfied that—

(a) an irregularity may exist in relation to the receipt, storage or testing of the thing about which the person to be called is able to give evidence; or

(b) it is in the interests of justice that the person be called to give evidence.

(10) Any equipment used in testing the thing at the laboratory is to be taken to have given accurate results in the absence of evidence to the contrary.

(11) The court may at any time, on application by a party, make an order shortening or extending a period mentioned in this section.

(12) Without limiting subsection (11) , the court may waive the requirement for a party other than the relying party to give notice under subsection (5) that it requires the DNA analyst to give evidence.

(13) If the court makes an order under subsection (12) , the relying party must call the DNA analyst to give evidence at the hearing.

(14) In this section—


"DNA analyst" means a person who holds an appointment as a DNA analyst under section 133A .


"DNA profile" means the result from DNA analysis.


"hearing day" means the day fixed for the start of the hearing of the proceeding.


"party" means the prosecution or a person charged in the proceeding.


"responsible person" , for a laboratory, means—

(a) if the police commissioner has entered into a DNA arrangement with the laboratory under the Police Powers and Responsibilities Act 2000 , section 488B (1) —the chief executive officer, however described, of the laboratory; or

(b) otherwise—the chief executive of the department within which the Hospital and Health Boards Act 2011 is administered.