New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th
periodic review
65% of Supervision with Residence orders (the highest Youth Court order before
conviction and transfer to the District Court).65 66
126.
The Review identified Māori women as disproportionately represented in the criminal
justice system, noting that “the age-adjusted imprisonment rate for Māori men is
about seven times that of New Zealand European men, and for Māori women, nine
times the rate”67
127.
The Review further acknowledged that “on average, Māori experience more factors
which contribute to offending and victimisation: low education, low skills,
unemployment, drug and alcohol abuse, and living in deprived neighbourhoods.
These are often linked and mutually reinforcing so that they can create a vicious cycle
in people’s lives.”68
The factors which increase the likelihood of exposure to the
criminal justice system (“CJS”) can then be compounded by bias within the CJS. This
can take the form of direct discrimination and/or indirect discrimination.69
128.
As the WGAD acknowledged, therefore, it is not only important to reduce bias within
the system but also to address those underlying risk factors which increase the
likelihood of exposure to the criminal justice system. The WGAD stated:70
the search needs to continue for creative and integrated solutions to the root causes
which lead to disproportionate incarceration rates of the Māori population.
129.
Over the last three years, as a result of the Drivers of Crime initiative – a whole of
government approach to reduce offending and victimisation – the number of young
Māori appearing in court has reduced by 30%.71 Building on the Drivers of Crime
initiative, the Government launched the Youth Crime Action plan in October 2014.
This plan aims to reduce youth crime and recidivism.
65
Calculated using statistics for the mean year ended 31 December 2012 Statistics New Zealand
(www.stats.govt.nz) “Child and Youth Prosecution Tables” “Multiple-Offence Type Youth Court Order”.
66
See also: Judge Andrew Becroft, “From Little Things, Big Things Grow” Emerging Youth Justice Themes in
the South Pacific, Australasian Youth Justice Conference: Changing Trajectories of Offending and Reoffending
(2013); http://www.aic.gov.au/media_library/conferences/2013-youthjustice/presentations/becroft-paper.pdf
67
Ibid. at 25.
68
Ibid at i.
69
Ibid.
70
Supra note 23.
71
Minister of Justice, Opening remarks to the UN Human Rights Council, January 2014.
51