Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 

Complex DNA law needs rewrite

Media release
20 November 2017
Law Commission - Te Aka Matua o te Ture

Complex DNA law needs rewrite

The law that covers police obtaining and using DNA in criminal investigations is too complicated says Law Commissioner Donna Buckingham.

DNA contains a huge amount of personal information. It is therefore important that the Criminal Investigations (Bodily Samples) Act 1995 is clear and protects people’s rights.

Donna Buckingham is responding to the Court of Appeal decision, R v Toki.

In that case, Police used an incomplete template form that did not give Mr Toki full information about his rights when he voluntarily gave a DNA sample. The Court ruled that Mr Toki’s DNA evidence was inadmissible.

Police now say 3677 people had their DNA taken unlawfully between September 2010 and August 2014 due to using the faulty form.

Donna Buckingham says obtaining someone’s DNA is a significant invasion on someone’s privacy. As the Court noted:

"…DNA is not a mere fingerprint: it contains a wealth of genetic information about a person with unlimited future utility. The one-off intrusion of the procedure thus permanently erodes Mr Toki’s privacy and freedom…"

The Law Commission is currently reviewing the law that covers police obtaining and using DNA in criminal investigations.

Ms Buckingham says the Commission is seeking people’s input as it carries out its review.


© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Madrid Climate Talks: Decade Ending 2019 Likely To Be Hottest On Record

Exceptional global heat driven by greenhouse gas emissions mean this decade will most likely go down as the warmest on record, according to the World Meteorological Organization...

The agency also finds that 2019 is on track to be the second or third warmest year in history, with the global average temperature during January through October, roughly 1.1 degrees Celsius above the pre-industrial era.

“If we do not take urgent climate action now, then we are heading for a temperature increase of more than 3°C by the end of the century, with ever more harmful impacts on human wellbeing.” More>>

 

NZ First Conflicts Of Interest: New Details Around Timeline

New information has emerged showing it was the New Zealand First chief of staff who identified potential conflicts of interest between a forestry company and two senior government ministers, sparking a series of declarations. More>>

Earlier:

Donations:

Five New Cancer Meds In Six Months: Pharmac Funds More Cancer Medicines, Faster Assessment

PHARMAC has confirmed that two new medicines – olaparib for ovarian cancer and fulvestrant for breast cancer – have been approved for funding... Rituximab and bortezomib, which are already funded, have also been approved for widened access following successful commercial proposals from new suppliers. More>>

ALSO:

Gordon Campbell: On Stoking Fears About Cannabis Law Reform

It was always going to be hard to have a rational debate on cannabis reform. Far easier for politicians to win votes by stoking alarm... More>>

ALSO:

Tūhoronuku Mandate Recognition Ends: "New Opportunity" For Ngāpuhi Treaty Negotiations

The Crown is providing an opportunity for the hapu of Ngāpuhi to rebuild its framework from the ground up for collective negotiations to deal with its historical Treaty claims... More>>

ALSO:

Pike River: Next Phase Of Recovery Underway

“Fresh air will be pumped into the Pike River Mine drift this week, following acceptance of the plan for re-entry beyond the 170m barrier by New Zealand’s independent health and safety regulator WorkSafe." More>>

ALSO:

Peters Stoic: Russia On Afghan Firing Range Deaths

The foreign minister won't be calling in the Russian ambassador concerning comments made about New Zealand soldiers in Afghanistan. In a media briefing late last month, Russian Foreign Ministry spokesperson Maria Zakharova said New Zealand must investigate crimes against civilians. More>>

ALSO:

Christchurch Call: Online Crisis Response Workshop In Wellington

Governments and tech companies are holding a two-day workshop, hosted by YouTube/Google in Wellington, to test the Christchurch Call Shared Crisis Response Protocol. More>>

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 


 

InfoPages News Channels