90
Maranga Mai!
and health system that did not accept them.
The colonisation of Indigenous youth alongside
urbanisation and experiences of alienation and
racist policing and sentencing causes prison rates
to accelerate exponentially (Taonui, 2021).
Racist profiling
Racial profiling policing leads to more Māori than
Pākehā being identified and treated by the police as
suspects (Maxwell and Smith, 1998, p. 34). Discretion
in decision-making is a core aspect of the criminal
justice system (Department of Corrections, 2007, p. 11)
and is “pervasive” from the decision to report incidents
as a crime, through to prosecution, sentencing and
parole (Latu and Lucas, 2008, p. 85).
The wide nature of police discretion, coupled with
little transparency over its exercise, brings with
it conscious and unconscious racial biases (Kim
Workman & Associates Ltd, 1999, p. 14; Latu and
Lucas, 2008, p. 87):
The issue of structural discrimination and ethnic
bias runs across the criminal justice sector. The
police are at the front end of the system, and
particularly vulnerable (Workman, 2011, p. 24).
More recent research by JustSpeak shows significant
biases exist against Māori. Māori have reported:
• Being stopped and searched by police on the
pretext of criminal suspicion.
• Racist verbal abuse from police.
• Physical abuse from police.
• More frequent strip searches.
• Disrespect for tikanga Māori (JustSpeak, 2020,
p. 1; Te Whaiti and Roguski, 1998, p. 2).
One study reported the case of a tamariki Māori
being stopped by the police:
When out on his birthday bike, taking temporary
possession of it and inspecting it meticulously
in case he had stolen it (Pack, Tuffin & Lyons,
2016, p. 98).
Numerous Māori have also reported the use of
violence and intimidation by the police, during
arrest and in custody (Kim Workman & Associates
Ltd, 1999, p. 12).
Māori perceptions of racist profiling
In 1998, Te Puni Kōkiri and the New Zealand Police
commissioned research on Māori perceptions of the
police. This research found:
Participants were unanimous in their perception
that the police institution is a racist institution
that perpetuates strong anti-Māori attitudes (Te
Whaiti, and Roguski, 1998, p. 2).
Māori are aware that ‘looking Māori’ means the
Police are more likely to stop you:
The police used to stop [my son], and he’d come
home, and he’d say to me oh Mum! You know
and I’d say what are you late home for? And he’d
say oh the police stopped me. What for? Oh, they
didn’t even tell me. And then he had European
friends too, and they were allowed to go (Pack,
Tuffin & Lyons, 2016, p. 33).
Māori driving “a ‘flash’ car” also tend to be stopped
by police (James, 2000, p. 16):
When me and Tipene used to go in the car and
that, we were pulled over all the time. I think it was
cause like the car and driver and that they could
see brown faces in it. Oh, it was just happening all
the time. We were getting sick of it. One time they
chased us. They said that they saw Tipene’s face
and thought he knew something. And it was, yeah,
it was just ridiculous (Prasad, 2000, p. 117).
In another example:
In the words of a young 19-year-old Māori
that we interviewed recently, “If you look brown
you go down” (Johnsen, 2020; see also Workman,
2011, p. 10).
Another study found racial profiling even when the
Māori person was the one reporting the crime:
I remember when I was working at [name of
shop] and um we caught some shoplifters. And
the police officer walked in, and I said… ‘Shall
I take you upstairs?’ And he goes ‘Yes, I’ll take
you upstairs right now.’ And he thought I was
the shoplifter! …I’m pretty sure it’s because I was
brown. There was another time, I was sitting in the
cafeteria, and the police officer walks in and goes
‘Oh yeah, this is her is it?’, thinking I was
the shoplifter waiting (Prasad, 2000, p. 119).