Parliament passes DNA law

Hon Simon Power
Minister of Justice

28 October 2009
Media Statement

Parliament passes DNA law

Parliament has passed a law that allows police to collect DNA from people they intend to charge and to match it against samples from unsolved crimes.

Currently, DNA can be collected with consent for any offence, or by judicially approved suspect orders, or by police issued compulsion notices once the individual is convicted of an offence set out in the Act (generally offences punishable by seven years' or more imprisonment) .

The Criminal Investigations (Bodily Samples) Amendment Act enables police to take DNA samples at the time they take fingerprints.

"The rate of violent crime remains concerning, and this legislation is critical in fighting it," Justice Minister Simon Power said.

"The DNA databank now holds 100,000 profiles. The foresight of police in storing that information, even before the technology was available to fully use it, has paid off.

"Cases of rape, abduction, sexual assault, home invasion, arson, and burglary, some of which had been cold for decades, have been solved because of the availability of stored DNA material.

"But more than 8,000 of the 100,000 profiles relate to unsolved cases.

"This law will enable police to take advantage of the database as an effective weapon against crime by helping to clear those cases."

The Act contains provisions around the storage and retention of samples, including that samples of people not convicted will be destroyed, unlike in some other countries.

"There are also new offences that penalise the misuse of DNA profile information, which will complement existing legal remedies under the Bill of Rights Act and the Privacy Act. And the Police will develop guidelines to avoid any arbitrary or unreasonable application of this power.

"This tool can do just as much for those who are innocent as those who are found guilty of a crime," Mr Power said.

"I believe it will be a critical tool to help police make New Zealand a safer place."

The implementation of DNA sampling will be in two stages.

The first will allow a sample to be taken when police intend to charge a person with an offence defined in the Act. Those offences will be expanded to include minor offences that have a link to more serious offending, and offences where DNA is often left at the scene.

This phase will come into effect in July next year to give police time to finalise operational guidelines and for training, and to help Environmental Science and Research prepare for an increased workload.

The second phase, the power to take a DNA sample, will be extended, for adults, to all imprisonable offences, and will be brought into effect by Order-in-Council following a broad review of the operation of the Act and the new power.

The Act is expected to be fully implemented by 2011.

ENDS