Davis Kelvin: Criminal Investigations (Bodily Samples) Amendment Bill — In Committee Third Reading 
Davis Kelvin: Criminal Investigations (Bodily Samples) Amendment Bill — In Committee Third Reading 
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KELVIN DAVIS (Labour) 
: 
 I will take just a short call to talk about the title of the Criminal Investigations (Bodily Samples) Amendment Bill. I will talk a little bit more on cultural sensitivity and in particular the sensitivities that the police will need to demonstrate when they apprehend suspects as I guess we could call them. The question I have for the Minister is whether the police will receive training in cultural awareness and training on how to deal with Maori offenders in particular. I can think of a number of people up north unfortunately some of whom are my relations friends and people I have played rugby with who have had cause to be apprehended. If the police were not careful in the way they dealt with them in requesting a bodily sample I could understand that there would be quite a bit of concern. The reaction of the person who was being apprehended might not be the best. 
I think it is really important that the police have training on how to deal with Maori in this situation. I recall watching on television one of those police programmes in which the TV cameras tag along with a police unit at night. I recall a situation where a young Pakeha policeman dealt with a Maori offender and just the language that this policeman used when talking to this person created a lot of confusion. In fact even for me watching the programme there was a lot of confusion. The way that the policeman dealt with this person inflamed the situation and in the end this person was arrested for quite a minor offence. I would hate to see the situation where the police were trying to get a bodily sample from a person and were not particularly sensitive in the way they went about it and that inflamed the situation. It could mean that the person was charged with another offence. 
I see in the bill that the police are to provide suspects with some sort of written description of what is being requested. They are also meant to ask for bodily samples in plain language that suspects can understand so that they know what is going on. As a teacher I have had experience of trying to talk to people and I know that even though people might nod and say “Yes” that does not necessarily mean that they understand what is going on. It is really important that the police are able to get the information across in a sensitive manner so that they do not inflame the situation in terms of taking a bodily sample in the form of a mouth swab or whatever. It is important that the situation is not made worse and that everybody’s needs are respected bearing in mind as I said earlier that in the case of those people who are guilty of an offence I have no problems whatsoever with bodily samples being taken from them. 
It is important that we use DNA testing as my colleague Stuart Nash said earlier where people have been traumatised sexually abused or assaulted. Mr Nash brought up a situation in Napier where if DNA testing had been available at the time the murder of a girl could have been solved. 
It is important that there is cultural training for the police when they collect these samples. I know that means more funding and already my colleague Moana Mackey has asked the Minister of Research Science and Technology about more funding. The more samples that are brought in the more funding will be necessary to support the testing of samples. Another question that I have for the Minister is whether the police will be funded so that they have some training in cultural sensitivity.