chapter  10
28 Pages

New Zealand

WithDeborah Lawson, P.D.G. Skegg

Late in 2003, the New Zealand Parliament enacted the Criminal Investigations (Bodily Samples) Amendment Act 2003. The Act provides that in any criminal investigation in respect of an indictable offence, a bodily sample may be taken for the purposes of that investigation from any 'suspect'. The Act provides many special rules and requirements concerning children and young people. The Act governs police and Environmental Science and Research (ESR) working methods in relation to DNA sampling and testing, including the taking of reference samples for specific investigations and the taking of samples from individuals for inclusion on the National DNA Databank. It is an offence, punishable by imprisonment for a term not exceeding three years, to gain or attempt to gain access to the database or a bodily sample, or to disclose any information on the databank, or to use a bodily sample, in contravention of the Act.