Pubdate: Wed, 28 Oct 2009
Source: Otago Daily Times (New Zealand)
Copyright: 2009 Allied Press Limited
Contact:  http://www.odt.co.nz/
Details: http://www.mapinc.org/media/925

POLICE HAVE MORE POWER TO TAKE DNA

Police will have wider powers to take DNA samples, under a law passed
by Parliament today in the face of strong opposition from the Green
Party.

The provisions of the Criminal Investigations (Bodily Samples)
Amendment Bill will be introduced in stages.

The first stage allows police to take samples from people charged with
a range of serious offences, wider than the present category.

The second stage, to take effect in 2011, will allow police to take
DNA samples from anyone they intend charging with an imprisonable offence.

Police won't need to gain consent and they will be able to take
samples without judicial approval.

Green Party co-leader Metiria Turei said the bill would bring
extraordinary powers to police, who could use "assault" to obtain a
bodily sample when there was only an intent to charge.

Ms Turei said there was an element of racism in the justice system and
Maori would be more likely to suffer under the legislation.

Labour supported the bill, but said there were concerns about how it
would be implemented.

Labour MP Moana Mackey said it was vital that extra funding was made
available for DNA testing through crown research institute, ESR.

National Party MP Paul Quinn said the party was comfortable safeguards
were in place to ensure the bill could be safely enacted.

The DNA powers were a National Party election promise and the bill was
given its first reading in February.

At that time, Attorney-General Chris Finlayson issued a report saying
the bill appeared to be inconsistent with the Bill of Rights Act's
provisions against unreasonable search and seizure.

During the third reading debate Labour MPs said they were worried
about the extent of the powers that were being given to the police and
MP Charles Chauvel tried to amend the bill so a judicial warrant would
be needed.

The amendment was voted down and the bill was passed into law on a
vote of 108 to 13, with the Greens and Maori Party opposing.
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MAP posted-by: Richard Lake