114 Maranga Mai! The Criminal Justice System (for Government, the Ministry of Justice with tino rangatiratanga partners) 10. Rangatira Māori did not sign Te Tiriti in 1840 with the vision that large numbers of their descendants, men, women and young people would not kōrero te reo, become impoverished, be dehumanised by racism, rejected by their country and incarcerated. In anticipation of an updated He Whaipaanga Hou (2022) report being published, envisaging a criminal justice system free of racism, the government should consider the following actions: i. With tino rangatiratanga partners, government develop and implement a comprehensive reform of Aotearoa’s justice system with the goal of abolishing prisons by 2040. ii. Review legislation relating to the justice system process, including the Sentencing Act (2002), Bail Act (2000), Criminal Procedure Act (2011) and all legislation relating to care and protection and ensure it reflects Te Tiriti, te ao Māori, and tikanga Māori approaches to justice. iii. The Government establish a Mana Ōrite justice partnership under which Māori and Crown agencies share governance and decision-making at all levels of the justice sector. Tikanga and te ao Māori values to be central to the operation of the justice system. iv. A kaupapa Māori-based evaluation of the current youth, specialist and therapeutic courts across Aotearoa is completed. Key learnings and principles from kaupapa models are embedded across the mainstream court process. More specialist courts focused on rangatahi, sexual violence, alcohol and other drug treatment, and family violence courts are established. 11. Institutional racism is challenged within the justice system with more diverse recruitment and effective training in the justice system, as well as anti-racism school programmes and media campaigns. 12. Applying ‘by Māori for Māori’, the government prioritise investment in community-led transformative justice, including: i. Transferring power and resources to Māori communities to design and develop Māori-led responses to offending, and rangatahi and whānau well-being. ii. Review section 27 of the Sentencing Act 2002, to direct cultural reports for all Māori before the courts. iii. Establish more Te Pae Oranga, iwi and community panels, to enable more cases to be heard. Invest in kaupapa Māori Legal Units within each Community Law Centre, to support access to justice in Māori communities. The Treaty Settlements policy and Waitangi Tribunal (for government with tino rangatiratanga partners) 13. In recognition that the Crown undermined tino rangatiratanga and dispossessed Māori tribes of land and resources through law, violence and war and continued to do so through unjust legislation for more than 182 years, the government could consider the following actions: