Copeland Gordon: Questions for Oral Answer — Questions to Ministers 
Copeland Gordon: Questions for Oral Answer — Questions to Ministers 
[Volume:624;Page:19704] 
9.  
GORDON COPELAND (United Future) 
 to the  
Associate Minister of Justice 
: Is she satisfied that the interests of children mothers and fathers seeking to clarify legal paternity are adequately provided for by current law; if so why? 
Hon MARIAN HOBBS (Associate Minister of Justice) 
: 
 Children’s interests have been emphasised following a recent Court of Appeal judgment. There is no requirement for an adult to submit to a parentage test but these issues are included in an upcoming Law Commission report. 
Gordon Copeland 
: Does the Minister agree it is totally unsatisfactory that a father seeking to establish paternity to provide grounds for a relationship with a child must endure 5 years of legal battle at huge expense where the other parent refuses DNA testing such as in the recent case going all the way to the Court of Appeal; if so does she agree with United Future that in this age of access to the science of DNA this situation is wholly unnecessary; if not why not? 
Hon MARIAN HOBBS 
: I agree that the case that the member cites involved very tragic circumstances. It should not be repeated if possible. The Law Commission will soon release a report likely to canvass the use of DNA testing to which the Government will respond but I note that recent legislation like the Status of Children Amendment Act gave Family Court concurrent jurisdiction with the High Court to make declarations of paternity thereby cutting costs and increasing access. 
Lianne Dalziel 
: What action has the Government taken recently to improve processes for people seeking to establish paternity? 
Hon MARIAN HOBBS 
: The Care of Children Act and the Status of Children Amendment Act which come into force this July remove some barriers for men seeking to establish paternity. In particular the courts will be able to recommend less invasive DNA sampling as well as blood tests which may lead to more people taking the paternity test. 
Gordon Copeland 
: Does she support a law change requiring each birth certificate to name both the child’s biological mother and father as proposed by United Future to prevent the farcical situation of the court Family Court or otherwise needing to assume wardship of a child for a couple of hours to get a DNA sample from the child where the other parent refuses; if not why not? 
Hon MARIAN HOBBS 
: I agree that those issues do require some attention and in that way I welcome the Law Commission report which is likely to make comment on these very issues. The Government may consider whether a law change is desirable as part of its response to that report but it is likely that access to the courts will always be required because one cannot write law for every situation. It is important to have the option of an impartial judge looking at the situation to assess the best interests of the child. 
Peter Brown 
: I raise a point of order Madam Speaker. I did not catch when the Minister said the Law Commission report would be out. I wonder whether she could advise us. 
Hon MARIAN HOBBS 
: I understand that it will be released in April this year. 
Gordon Copeland 
: Does the Minister also support the policy of requiring both parents’ names—[ 
Interruption 
] 
Madam SPEAKER 
: Would the member please leave. Mr Copeland was asking a supplementary question. 
Lianne Dalziel withdrew from the Chamber. 
Madam SPEAKER 
: We will have silence while questions are being asked. Would the member please start again. 
Gordon Copeland 
: Does the Minister also support the policy of requiring both parents’ names on a birth certificate on the basis that it is in the best interests of a child to know who his or her biological parents are given that this was the persuasive argument for the Court of Appeal and given that New Zealand is party to the United Nations Convention on the Rights of the Child which gives rights to this effect; if not why not? 
Hon MARIAN HOBBS 
: In most circumstances I do think it is in the best interests of children to know who both their parents are but whether that means we should have compulsory parentage tests is something that I think the Government will have to consider in response to the Law Commission report.