11. JUDY TURNER (Deputy Leader—United Future) Link to this
to the Minister for Courts
Why has he refused to include DNA testing to determine parentage in the Family Courts Matters Bill despite his own admission that “The Government agrees in principle with the policy intent” of the proposal?
Hon RICK BARKER (Minister for Courts) Link to this
The Family Courts Matters Bill is about increasing the openness of Family Court proceedings and approving the efficiency and effectiveness of the Family Court by making changes to processes and procedures. The member’s issue raises a significant policy issue that will need to be fully worked through before the Government decides to introduce further amendments to the legislation. In fact, on 22 November I wrote to the questioner and explained to her that the issue of mandatory DNA testing is a justice policy issue, and that it warrants further consideration by the Ministry of Justice, which will report back when the work is complete.
Will the Minister admit, given he had recently described the bill to the Social Services Committee in a letter as an omnibus bill, that if he wanted to make changes to allow the court to order paternity testing in this bill, as recommended by the Law Society and the Law Commission, there is nothing to stop him from doing so; and can he explain to children out there why he cannot be bothered to make changes that would allow them to know who their fathers really are, or could he explain to the Law Society and the Law Commission why they are wrong?
The issue of mandatory samples for paternity testing also involves the issue of the use of force. Common law does not necessarily permit the sample or blood tissue to be taken from a person without his or her consent. The New Zealand Bill of Rights Act gives people common law rights about personal liberty, about trespass, and about privacy. Those are rights that children have as well as adults. Legislation about paternity testing needs to find the appropriate balance between the interests of the mothers, fathers, and children.
Given that both the Law Commission and the Law Society have recommended that the law be updated to allow paternity testing, and that I have offered him my fully drafted member’s bill to action those recommendations, is the Minister now out of excuses; and does he plan to introduce legislation to address this legal loophole and finally create certainty for families?