MP for Rangitkes
Miner sce ‘Minster Responsible forthe Law Commision
Miniter Site Owned Exerprces_Auaisle Miner of rarce
& Office of Hon Simon Power
iw
Nes
Miniter Commerce Deputy Leader af the Howse
2.9 maR 2009
de Cleene
mvzippy@clear net nz
Dear Mr de Cleene
Criminal investigations (Bodily Sampl
) Amendment Bill
‘Thank you fo: your comments on the Criminal Investigations (Bodly Samples)
‘Amendment Billin your email of 11 February, 2008,
In conjunction with other Government initiatives such as the Search and
Surveliance Powers Bill and the Gangs and Organised Crime Bil, the
proposed expansion of the DNA scheme in this Bil will greatly assist the
Police to solve more crime, and catch more offenders.
Currently there are approximately 8,000 unidentified crime scene DNA profes
(these include sexual assaults, aggravated robbery, homicides, arson and
drugs). Increasing the number of DNA profiles from charged persons will
improve the Police's abilty to find matches to these unidentified crime scene
‘samples and resolve more of these crimes. This will contribute to making our
‘communities safer places and is an outcome that | believe New Zealanders
will welcome,
‘The DNA profie currently used by ESR is only a very small portion of the
individual's tetal DNA profie and can only be deciphered by a select group of
specialist scientists. The only specific personal information that can be
deduced from the sequence of numbers that makes up the DNA profle is
whether the person is male or female.
‘As such, the risks of inappropriate disclosure of an individua's confidential
{genetic information are lower than the risks associated withthe disciosure of
other “identifying particulars” that the Police can collect. Indeed, individuals
face a greater risk of identty fraud or theft if they were to lose their birth
cortficate or bank statements,
Unlike Ure rexenly vicived UK DNA scheme, New Zealand DNA samples
{not required for evidence) will be destroyed as soon as practicable and DNA
profiles wil nat be retained unless the person is convicted. Furthermore, the
rte Mag 404, Farlanent Malkngs, Weng S160, New Zealand, TWephone 64 B17 BAGH Fase 4 4 7 6503,Bill contains very specific provisions regarding the use, storage and retention
‘of DNA profiles. Any misuse of the DNA sample of profile would therefore be
‘subject to tho full oxtont of relovant law and civil rights protectons (for
‘example, the Privacy Act, New Zealand Bil of Rights Act).
| welcome these issues and any other concerns with the Bil, being discussed
at the Justice and Electoral Select Committee. You may wish to raise your
‘concerns with that Committee. Ithas called for submissions by 6 Apri 2009,
Further information on the Bill can be found at hitp:/Mmwww parliament nz/en-
Z/PBiLegislaton/BilsfaV6/OODBHOH BILL9027_1.Criminal-Investigation
Bodiy:Samples-Amendment.him.
Yas sinoerely
Hen Simon Power
Minister of Justice