HUMAN RIGHTS IN NEW ZEALAND 20 1 0 gravity of that particular wrong, and did not address • responding effectively to the drivers of crime along the BoRA issues. The bill was subsequently passed by the pathways of offending, including early prevention, Parliament. treatment for specific needs related to offending, and Although cabinet guidelines 41 require that government justice sector responses that reduce reoffending departments are aware of the NZ Disability Strategy, and • resolving civil disputes, which the parties themselves consider whether a disability perspective is required in are unable to solve, through established procedures papers submitted to Cabinet, this arguably is not a robust without prohibitive cost and in a timely fashion. assessment and does not generally require input from disabled people. It has been suggested that people with intellectual disabilities are also over-represented in the criminal Bias in the criminal justice system justice system, and that there is a lack of support for such Every second person serving a prison sentence in New individuals throughout the criminal justice process. Zealand is Mäori. About 50 per cent of the people in jail come from 14 per cent of the population. Among imprisoned women, about 60 per cent are Mäori. Recent policy and legislative proposals – such as the ‘three strikes’ legislation, which will disproportionately affect Mäori – risk exacerbating the over-representation of Mäori in prisons. The criminal justice system continues to fail to ensure substantive equality before the law. 42 The Human Rights Committee stated in its concluding remarks, in relation to New Zealand’s fifth periodic review under the ICCPR, that: The State party should strengthen its efforts to reduce the over-representation of Mäori, Equal access to court Although New Zealand law generally provides for equal access to courts and other dispute resolution mechanisms, significant barriers remain for a large proportion of New Zealanders. Access to justice is to some degree dependent on financial circumstances, with those who are unable to pay the substantial costs of litigation prevented from obtaining an effective remedy or, at best, obtaining a remedy available in lower levels of tribunal or mediation which is less than what would otherwise be available through court processes. in particular Mäori women, in prisons and Disabled people often report challenges of being expected continue addressing the root causes of this to represent themselves due to lack of reasonable accom- phenomenon. The state party should also modation, including barriers to access, communication increase its efforts to prevent discrimina- and information. Access problems include physical and tion against Mäori in the administration of wheelchair access; lack of accessible facilities and parking justice. Law enforcement officials and the at courts; inaccessible documents and information; and, judiciary should receive adequate human despite the New Zealand Sign Language Act 2006, lack rights training, in particular on the principle of access to sign language interpreters for deaf people of equality and non-discrimination. 43 attending courts. In 2009, the Government agreed that “addressing drivers In 2010, a new Special Circumstances Court was of crime” be established as a whole of government established in Auckland on a pilot basis. It is a specialised, priority, and that this approach to reduce offending and solution-focussed court designed to “aid in the reduction victimisation would include: of chronic public space offending in Auckland’s inner city • addressing the underlying issues that drive and by those who are homeless … and have ongoing mental facilitate offending and victimisation, particularly for illness and/or addictions, or who are mentally impaired Mäori through either injury or disability”. It will be important 41 Cabinet Office: Guide to cabinet and cabinet committee processes. Retrieved 15 Oct 2010 from: http://cabguide.cabinetoffice.govt.nz/ procedires/papers/sections-in-papers#disability-perspective 42 See the chapter on the rights of people who are detained 43 CCPR/C/NZL/CO/5 97