198 A recent report from the New Zealand Police, A review of Police and Iwi/Māori relationships: working together to reduce offending and victimisation among Māori (“Review”), confirmed that “Māori comprise 45% of arrests, 38% of convictions and over 50% of prison inmates.”101 Māori are significantly more likely than non-Māori to be reconvicted and re-imprisoned. 199 Twenty three percent of the 14 – 16 year old population is Māori.102 The number of young Māori aged 14-16 who appear in the Youth Court is 5% of the total population of 14-16 year old Māori.103 However, Māori make up 52% of apprehensions of 14 – 16 year olds,104 and 55% of Youth Court appearances. 105Māori youth offenders are given 65% of Supervision with Residence orders (the highest Youth Court order before conviction and transfer to the District Court).106 107 200 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”108 201 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.”109 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.110 101 http://www.police.govt.nz/sites/default/files/publications/review-of-police-and-iwi-Māori-relationships.pdf at i. Calculated using statistics for 14-16 year olds in the mean year ended 31 December 2012 from Statistics New Zealand (www.stats.govt.nz) “Māori Population Estimates: Mean Year Ended 31 Dec 1991-2012 and “Infoshare” “National Population Estimates” “Population” “Population Estimates DPE” “Estimated Resident Population by Age and Sex (1991+) (Annual-Dec).” 103 Calculated using statistics for 14-16 year olds in the mean year ended 31 December 2012 from Statistics New Zealand (www.stats.govt.nz) “Māori Population Estimates: Mean Year Ended 31 Dec 1991-2012 and Statistics New Zealand “Child and Youth Prosecution Tables” “Multiple-Offence Type Prosecution”. 104 Calculated using statistics for the mean year ended 31 December 2012 from Statistics New Zealand (www.stats.govt.nz) “New Zealand Police Recorded Crime and Apprehensions Tables” “Annual Apprehensions for the Latest Calendar Years”. 105 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”. 106 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”. 107 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 102 108 109 110 Ibid. at 25. Ibid at i. Ibid. Page 54 of 93 Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR