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Law Commission will review bodily samples legislation

19 August 2016

photo of Law Commission  

The Minister of Justice has requested that the Law Commission conduct a comprehensive review of the Criminal Investigations (Bodily Samples) Act 1995 and report back with recommendations.

The Act provides the New Zealand Police with powers to collect, retain, and use DNA in criminal investigations. It also regulates two DNA profile databanks. These databanks hold the DNA profiles of those charged with, and those convicted of, certain offences. This information can be compared to DNA collected from the scenes of unsolved crimes. Matches between the two provide the Police with investigative leads.

Law Commission President Douglas White QC says New Zealanders will benefit from a criminal justice system that has access to the latest DNA technology.

"The current 20 year old legislation needs to be brought up-to-date. This review aims to modernise the law and ensure that all the necessary safeguards are in place. It should set a new standard for international best practice," he says.

Lead Commissioner in charge of the project, Wayne Mapp, says DNA forensic science has been a powerful tool in solving crime.

"However, the use of DNA science also raises important issues of privacy, bioethics and tikanga Māori. These issues will be carefully considered by the Law Commission as part of the review of the legislation."

The Commission intends to call for public submissions in the middle of 2017 and intends to report to the Minister of Justice in August 2018.

Last updated on the 16th September 2019