New Zealand

From FDNAPI Wiki
Jump to: navigation, search

The Criminal Investigations (Bodily Samples) Amendment Act expanding New Zealand's database was passed in October 2009. Previously samples could be taken only from people charged with crimes carrying sentences of seven years or more, or by order from a judge. The new law allows the police to take samples from anyone they intend to charge.

In 2013, New Zealand signed a "Pruem-like" sharing agreement (named after the EU's Pruem data-sharing agreement) with the US, to allow each country legal access to the other's fingerprint database under specified conditions, for automated searching. The agreement will also allow each country legal access to the other's DNA database, at a future stage.

The 2008 Interpol survey reports that 20,170 crime scene DNA profiles and 85,300 individuals' profiles were held in New Zealand at the time of the survey. According to Interpol, New Zealand's DNA database grew to 25,000 crime scene DNA profiles and 118,000 reference DNA profiles from individuals in 2011.

Resources


Detailed analysis

Criminal Investigations (Bodily Samples) Act of 1995[1]

Criminal Investigations (Bodily Samples) Amendment Act of 2003[2]

Criminal Investigations (Bodily Samples) Amendment Act 2009[3]

New Zealand

The Criminal Investigations (Bodily Samples) Amendment Act expanding New Zealand's database was passed in October 2009. Previously samples could be taken only from people charged with crimes carrying sentences of seven years or more, or by order from a judge. The resulting law, the Criminal Investigations (Bodily Samples) Act 1995, allows the police to take samples from anyone they intend to charge. In 2013, New Zealand signed a "Pruem-like" sharing agreement (named after the EU's Pruem data-sharing agreement) with the US, to allow each country legal access to the other's fingerprint database under specified conditions, for automated searching. The agreement will also allow each country legal access to the other's DNA database, at a future stage. The 2008 Interpol survey reports that 20,170 crime scene DNA profiles and 85,300 individuals' profiles were held in New Zealand at the time of the survey.

Suspects

Under the Criminal Investigations (Bodily Samples) Act, a DNA sample can be taken from any person suspect of an offence specified in Part 3 of the Schedule to the Act, which includes offences related to weapons, indecent acts, assault, and cruelty to a child (s5(a)). The suspect must either give consent or be subject to a suspect compulsion order (s5(b)). A juvenile suspect between the ages of 14 and 17 can also give a DNA sample by consent or subject to a juvenile compulsion order. A application for a compulsion order must be made before a District Court Judge (s13) and must set out why the requesting officer has good cause to suspect the individual of the offence and tor require a bodily sample. There is a prohibition against publication of the name of the individual subject to a compulsion order (s14). Child suspects can consent to providing buccal samples only (Part 2A).

Persons charged with an offence A bodily sample can be taken from a person charged with an imprisonable offence, or an offence listed in Part 3 of the Schedule (see above) if the person is in custody (s24J(1)(a)). A sample can also be taken from a person who a police office intends to charge with an imprisonable offence or an offence listed in Part 3 of the Schedule.

Convicted persons

Police can serve a databank compulsion notice on any person convicted of an imprisonable offence or offence against Part 3 of the Schedule (s39).

Destruction of samples

All bodily samples and related identifying particulars are to be destroyed as soon as practicable after the expiry of the period of 24 months beginning on the date on which the sample is taken, if the person is not charged with the offence in relation to which the sample was taken, or a related offence, before the expiry of that period (s60(1)(d)). If a person is charged with such an offence before the expiry of that period, as soon as possible after the charge is withdrawn or the person is acquitted of the offence (s60(1)(e)). If the person is convicted, and the offence is not an imprisonable offence or in Part 3 of the Schedule, as soon as possible after the appeal period (s60(1)(f)). In all other circumstances, the sample is to be retained only as long as it takes to derive a DNA profile from the sample, and should then be destroyed (s60(2A)).


DNA database

The police may maintain a DNA profile databank of DNA profiles derived from samples taken according to the Act (s25). The following information may be stored on the DNA databank: - Any DNA profile derived from a sample taken from a person where the person is convicted of the offence in respect of which the sample is taken, or of a related offence, unless the conviction is subsequently quashed (s26(a)(i)); - Any DNA profile derived from a sample taken from a young person, where that person is convicted of an imprisonable offence or offence in Part 3 of the Schedule and a sentence is imposed or an order made by a Youth Court; - Any DNA profile derived from a sample taken from a young person where a Youth Court makes an order discharging the charge and the offence is a relevant offence (s26).

With respect to DNA profiles pertaining to young persons, section 26A contains a schedule of retention periods requiring the profiles to be destroyed at particular times after conviction. In addition, certain young persons may apply for removal of DNA profiles from the database (s26B).

There is no provision for the retention of DNA profiles of suspects or non-convicted persons in the database.





  1. Put. Act. 1995 No. 55 (Oct. 24, 1995).
  2. Pub. Act. 2003 No. 11 (Oct. 30, 2003).
  3. Pub. Act. 2009 No. 46 (Nova. 2, 2009).