Flaws seen in way police handle DNA

The Law Commission is calling for a radical overhaul of how DNA is obtained, used and retained by police. A commission report found the way DNA was used in criminal investigations ignored human-rights values, tikanga Ma¯ori and the Treaty of Waitangi.

The review looked into the Criminal Investigations (Bodily Samples) Act 1995, and found there was no clear and robust process which guided police on how to collect, use and store DNA.

Lead commissioner on the review, Donna Buckingham, said: “In 1995 Aotearoa New Zealand became only the second country to establish a legal regime for the use of DNA in criminal investigations.

“But time and technology have moved on and what a tiny amount of DNA can reveal about a person has grown hugely in 25 years.”

The commission has made 193 recommendations which would provide police clear guidelines. It would also protect human rights and privacy, and address the disproportionate impact the system had on Ma¯ori.

Six fundamental problems were found. The commission said there was no clear, robust guide for police.

The law did not recognise tikanga Ma¯ori and the Treaty, unlike other legislation. Further, it did not properly accommodate human-rights values, was not comprehensive, was confusing, and there was no statutory provision for independent oversight, which was inconsistent with international best practice.

The commission proposes:

● Improving protections for adults fromwhompolice seek to obtaindna by consent or on arrest.

● Requiring a court order to obtain DNA from suspects who are children or young people or who lack the ability to provide consent.

● Regulating the use of DNA where the law is either silent or fragmented.

● Establishing a single DNA databank to hold alldnaprofiles obtained by police with clear rules on use.

● Restricting the retention of DNA profiles and aligning any retention of youth offender profiles more closely with the rehabilitative focus of the youth justice regime.

● Creating an independent mechanism for the assessment of new DNA analysis techniques and whether these should be approved for use.

● Improving oversight by increasing the role of the judiciary, establishing a new DNA Oversight Committee (with mandatory Ma¯ori representation), and providing for external auditing by the Independent Police Conduct Authority.

Buckingham said the recommendations also sought to address the disproportionate impact of the existing regimen on Ma¯ori. — RNZ