Katene Rahui: Criminal Investigations (Bodily Samples) Amendment Bill — Third Reading 
Katene Rahui: Criminal Investigations (Bodily Samples) Amendment Bill — Third Reading 
[Volume:658;Page:7495] 
RAHUI KATENE (Maori Party—Te Tai Tonga) 
: 
 The Justice and Electoral Committee had the benefit of receiving guidance from Michael Rowe of the criminology department at Victoria University. Mr Rowe was able to share his experience of the British DNA database a system that was meant to include samples of only convicted criminals but that was slowly ratcheted up to include samples of all those who had been arrested. He also noted that courts in Britain have agreed that the keeping of DNA records in databases breaches human rights legislation. This is information that the Maori Party simply could not ignore. Research from other countries whether it relates to efficacy or matters of accuracy indicates that such records are not a hugely useful tool. 
I will go back to the topic of ethnic differences in the database. Our concern is that there is the risk of unethical use of the DNA database to conduct research and to make population statements about certain groups having a criminal gene. This was a particular concern of Dr Papaarangi Reid the tumuaki at the faculty of health and medical sciences Auckland University. It was her view that there was much to cause us alarm in the setting of appropriate parameters on the use of a DNA police database which would make statements about whole populations and not just individual offenders. As we know too well recent genetic inquiry has sought to discover genetic causes of behaviour—do members remember the warrior gene—so there is a risk that such a database could be accessed for research into a criminal gene. Such research even though unethical has been able to be conducted in the absence of proper ethical controls. 
Dr Reid had a number of concerns that the Maori Party has taken seriously. It was her view that the positive benefits of convicting serious offenders sit alongside a host of issues of great concern. The general question of ethics and human rights suggests that DNA testing will affect Maori disproportionately given the existing police bias and the over-scrutiny of Maori. It will create a level of truth summed up best as “Crime will be found where it is most looked for.” Another concern is that DNA testing has implications for whanau as well as individuals because first and second-degree relatives can be identified through genetic testing thereby allowing the authorities to build up a family history. DNA testing would enable the police to create a DNA profile of the wider Maori population. 
Finally trust issues are involved when the police hold such information and when we ask whether the rules about who is tested and how the information is used will change over time. As we saw with the Taser gun trial the police function independently from parliamentary or ministerial scrutiny on operational matters so we have considerable concern whenever discretion is to be applied. We are as I said earlier absolutely committed to the protection of the sacred genetic make-up inherent in whakapapa and as such we cannot support this bill. There are simply other approaches that we should use rather than tamper with DNA.