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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22894
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Is it an offence to covertly obtain a body sample

Customer Question

Is it an offence for someone to covertly obtain a body sample (hair) from a man posthumously in order to have a DNA paternity test done on the sample to see if this man could be their father?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
The criminal law has not kept up with these issues. It would need to be dealt with as an evidential issue, in the civil jurisdiction of the court, and the judge would need to balance the way the evidence was obtained against the probative value, that is, its importance for proof of the issue.
Expert:  Chris The Lawyer replied 1 year ago.
So, no, it is not a criminal offence

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