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14 - Finding the balance: forensic DNA profiling in New Zealand

from Section 2 - National contexts of forensic DNA technologies and key issues

Published online by Cambridge University Press:  05 October 2012

Richard Hindmarsh
Affiliation:
Griffith University, Queensland
Barbara Prainsack
Affiliation:
King's College London
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Summary

INTRODUCTION

Since the mid 1980s, DNA identification techniques have become a routine element of criminal investigations and court proceedings. New Zealand was an early adopter of forensic DNA technologies, developing a close relationship with the Forensic Science Service in the UK where the techniques were pioneered. Forensic DNA laboratories were established in New Zealand in 1988, and DNA profiling immediately proved to be an invaluable tool for solving crime. As a geographically small and isolated nation with a modest population size of less than four million, and with a single legal jurisdiction, New Zealand perhaps was an ideal environment in which to successfully introduce DNA profiling technologies.

The use of DNA testing was recognised as an important and valuable investigative tool and by the early 1990s it was frequently incorporated into serious crime investigations. Yet, there was rising discomfort regarding police powers to obtain samples from suspects in the absence of any legislation. That discomfort was reflected in key judicial decisions, which considered whether or not police actions in obtaining biological samples infringed on the donor's rights. Subsequently, in 1995, New Zealand became the second nation after the UK to legislate for the establishment of a national DNA databank (Harbison et al. 1999).

Type
Chapter
Information
Genetic Suspects
Global Governance of Forensic DNA Profiling and Databasing
, pp. 288 - 308
Publisher: Cambridge University Press
Print publication year: 2010

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References

,Anon.(1990). Man jailed for life in DNA murder trial. The Dominion, 7 April, 6.Google Scholar
,Anon.(1995a). Police reject lawyers' criticism of DNA bill. The Dominion, 21 February, 2.Google Scholar
,Anon.(1995b). Hand-wringers wrong on DNA. The Dominion, 23 October, 10.Google Scholar
,Anon.(2002). Advances in DNA testing bring Cormack Case to Court. NZCityhttp://www.crime.co.nz/c-files.aspx?ID=24864 (accessed 1 March 2010).
Baker, V., Gregory, W., Midgley, G.et al. (2006). The Ethics of Forensic DNA Technology: Summary Report. Wellington, New Zealand: Institute of Environmental Science and Research.Google Scholar
Brown, J.-M. (2002). Napier: the town that lost its innocence. New Zealand Herald, 2 March www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=1090414 (accessed 23 July 2009).
Caygill, L. (2009). Police keen on DNA testing. Oamaru Mail, 12 February, 3.Google Scholar
Cook, A., Fairweather, J., Satterfield, T.et al. (2004). New Zealand Public Acceptance of Biotechnology. Christchurch, New Zealand: Lincoln University.Google Scholar
Cordiner, S., Harbison, S., Vintiner, S.et al. (2003). A brief history of forensic DNA testing in New Zealand. New Zealand Science Review, 60, 39–42.Google Scholar
Curtis, C. (2009). Public perceptions and expectations of the forensic use of DNA: results of a pilot survey. Bulletin of Science, Technology and Society, 29, 313–324.CrossRefGoogle Scholar
Finlayson, C. (2009). Report of the Attorney-General under the New Zealand Bill of Rights Act 1990 on the Criminal Investigations (Bodily Samples) Amendment Bill. Wellington, New Zealand: Office of the Attorney-General.Google Scholar
Gill, P., Jeffreys, A. and Werrett, D. (1985). Forensic application of DNA fingerprints. Nature, 316, 76–79.Google Scholar
Gillett, G. and Mckergow, F. (2007). Genes, ownership, and indigenous reality. Social Science and Medicine, 65, 2003–2104.CrossRefGoogle ScholarPubMed
Gower, P. (2009). DNA seizure law triggers rights alert. New Zealand Herald, 11 February, 6.Google Scholar
Harbison, S., Fallow, M. and Bushell, D. (2008). An analysis of the success rate of 908 trace DNA samples submitted to the Crime Sample Database Unit in New Zealand. Australian Journal of Forensic Sciences, 40, 49–53.CrossRefGoogle Scholar
Harbison, S., Hamilton, J. and Walsh, S. (1999). The New Zealand DNA databank. In First International Conference on Forensic Human Identification in the Millennium. London: Forensic Science Service.Google Scholar
Innes, M. (2003). ‘Signal crimes’: detective work, mass media and constructing collective memory. In Criminal Visions: Media Representations of Crime and Justice, ed. Mason, P.. Cullompton, UK: Willan, pp. 51–69.Google Scholar
Jeffreys, A., Wilson, V. and Thien, S. (1985). Hypervariable minisatellite regions in human DNA. Nature, 314, 67–73.CrossRefGoogle ScholarPubMed
Lacey, M. (1995). Forced DNA tests. [Letter to the editor.] The Dominion, 21 August, 6.Google Scholar
,Lawtalk (2009). DNA bill may breach BORA. LawTalk Magazine, 2 March, 14.Google Scholar
Lowe, P. and Barber, J. (1989). DNA test legislation leaves Jeffries cold. The Dominion Sunday Times, 15 October, 5.Google Scholar
Matthews, L. (1994). Strands of hair could unlock mysteries. Sunday Star Times, 11 September, 7.Google Scholar
Morris, A. and Cullen, J. (2004). A Review of the Submissions to the Criminal Investigations (Blood Samples) Bill 1994 and the Criminal Investigations (Bodily Samples) Amendment Bill 2002. Wellington, New Zealand: Crime and Justice Research Centre, Victoria University.Google Scholar
,New Zealand Press Association (2009a). Push for mandatory DNA testing in criminal investigations. www.3news.co.nz/News/PoliticalNews/Push-for-mandatory- DNA-testing-in-criminal-investigations/tabid/419/articleID/90496/cat/67/Default.aspx (accessed 10 February 2009).
,New Zealand Press Association (2009b). DNA bill likely to trigger fiery debate. Marlborough Express, 11 February, 2.Google Scholar
,New Zealand Press Association (2009c). Forced DNA testing can help innocent. Timaru Herald, 11 February, 4.Google Scholar
Optican, S. (2007). ‘Front End/Back End'Adjudication (Rights Versus Remedies) Under s 21 of the Bill of Rights (Search and Seizure). In The New Zealand Legal Method Conference Series: Rights and Freedoms in New Zealand: The Bill of Rights Act Comes of Age, Auckland, New Zealand.Google Scholar
Pratt, J. (2008). When penal populism stops: legitimacy, scandal and the power to punish in New Zealand. Australian and New Zealand Journal of Criminology, 41, 364–383.CrossRefGoogle Scholar
Ratcliffe, J. (2005). The effectiveness of police intelligence management: a New Zealand case study. Police Practice and Research, 6, 435–451.CrossRefGoogle Scholar
Sarney, E. (1992). Our forensic heroes. New Zealand Herald, 13 May, 3.Google Scholar
Satterfield, T. and Roberts, M. (2008). Incommensurate risks and the regulator's dilemma: considering culture in the governance of genetically modified organisms. New Genetics and Society, 27, 210–216.CrossRefGoogle Scholar
Schwartz, H. (1998). The short and happy life and tragic death of the New Zealand Bill of Rights Act. New Zealand Law Review, Part II, 259–312.Google Scholar
Pengelly v. R (1991). 7 CRNZ 333 (CA).
R v. Montella (1992). 1 NZLR 63 (HC).
R v. Pengelly (1990). 5 CRNZ 674 (HC).

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