36 H U M A N R I G H T S COMMISSION | A FAIR GO FOR ALL? While there has been intermittent support for locally designed, developed and delivered programmes in New Zealand, these are often regarded as experimental and somehow of lesser quality than large scale imported programmes, and therefore not funded to the point that evaluation can be rigorously undertaken. For Mäori, this history has been expensive and mainly unsuccessful in addressing complex issues such as offending.163 Genuine, comprehensive incorporation of Mäori and Pacific values is dependent on the justice system engaging international policing practices. The research found that ethnic groups viewed by society as more criminally prone tend to be over-policed.166 Societal attitudes contribute to an increase in both formal and informal profiling by Police, thereby increasing Mäori arrest rates and entry into the justice system as offenders. For example, Mäori are four to five times more likely to be apprehended, prosecuted and convicted than their nonMäori counterparts.167 These rates are higher when taking into account the age of offenders: Mäori aged 10-13 are almost six times more likely to be apprehended than their New Zealand European counterparts.168 with Mäori and Pacific peoples in programme design and The Operation 8 raids in Ruätoki in 2007 are a more implementation. In 2005 Judge Becroft described how recent example of police practice that was damaging to tikanga, whanaungatanga and whänau can be appropriately relationships with a community and with Mäori. Residents incorporated into the justice process. Perhaps more in the small Mäori township of Ruätoki were searched importantly, he also explained that the question of whether by armed police, who also boarded a bus carrying young and how these approaches should be incorporated is a children. Valerie Morse, one of the Päkehä people arrested question for Mäori to answer. Judge Becroft wrote that: in the Operation 8 case, outside of Ruätoki, notes that for There are few youth offending programmes and services designed specifically by Mäori for Mäori. Effective “the non-indigenous arrestees … the situation was starkly different”.169 programmes should be staffed by Mäori people with The differences in convictions and sentencing for Mäori and similar life experiences to their young charges.164 non-Mäori illustrate evidence of structural discrimination In addition to concerns about the lack of Mäori and Pacific principles and presence in the justice system, there is evidence of biased practice. A 2007 report by the Department of Corrections, Over-representation of Mäori in the Criminal Justice System, shows a higher likelihood for Mäori offenders to have police contact; be charged; lack legal representation; not be granted bail; plead guilty; be convicted; be sentenced to non-monetary penalties; and be denied release to Home Detention. The evidence from this and other reports is summarised briefly below. and unconscious bias within the justice system sentencing process. The extent to which ethnic bias influences outcomes in the justice system can be difficult to pinpoint. Some of the ethnic bias illustrated in Over-representation of Mäori in the Criminal Justice System can also be explained by other factors. The seriousness of offence or offenders’ previous history, for example, must also be taken into account in sentencing processes, and Mäori are overrepresented as violent offenders. Based on the research, however, we suggest that offending history may also be affected by bias within the justice system. Nonetheless, When considering the higher likelihood of Mäori contact there remains evidence of residual bias: when comparing with police, Over-representation of Mäori in the Criminal offenders with similar histories, 3.6 per cent fewer Mäori Justice System highlights Christchurch-based research. The were given leave to apply for Home Detention and 2 per research shows that Mäori cannabis users were arrested cent fewer Mäori offenders were granted Home Detention. at a substantially higher rate than other cannabis users questioned by the Police. On the basis of equivalent usage, Mäori experienced arrest at three times the rate of nonMäori users.165 The Police Mäori responsiveness strategy identifies the need for Police to build on relationships with Mäori communities, iwi and whänau. University of Auckland criminologist Robert Webb has reported on research into In the area of convictions, Over-representation of Mäori in the Criminal Justice System found that 79 per cent of Mäori were convicted compared with 70 per cent of non-Mäori. The report also considers sentencing and the frequency with which Mäori receive more severe sentences. Mäori were more likely to receive a prison sentence when compared