HUMAN RIGHTS COMMISSION | A FAIR GO FOR A L L ? At the Rangatahi Court, protocol and participation of the Rangatahi and Pasifika Youth Courts are just two examples young person, their whänau and community re-enforces of court initiatives to encourage community involvement responsibility and the development of cultural identity. in the criminal justice system and give families and victims Each hearing begins with the young person receiving a a greater voice. The initiative is part of the wider whole-of- direct mihi from a kaumatua, showing respect to that government “Addressing the Drivers of Crime” approach to young person and acknowledging their whänau and hapü reducing offending and victimisation established in 2009. links. This inherently places a responsibility on the young The approach focuses on early intervention programmes person to reciprocate with dignity. Throughout proceedings such as increased support for parents and children; people of the marae and community are present. In the reducing harm caused by alcohol and drugs; and reducing marae setting, young people are under the gaze of their re-offending. “Lifting Mäori outcomes” is one of the elders and ancestors. The Rangatahi Court encourages priorities of the initiative.192 whänau to play an active role in the court monitoring of their young person. Whänau accompany the young person Factors for success to the hearing and are given an opportunity to address the Based on observations and reporting on the process, the judge and marae. Affording whänau this voice also calls on following factors can be identified as key to the early the responsibility of whänau to provide positive guidance success and potential of Rangatahi and Pasifika Youth for their young people. Courts: Relationships with the community are deepened through 1. Connection to cultural identity, whänau and community. tikanga elements including pöwhiri, harirü, sharing kai 2. The Courts are a community-based response to youth and whanaungatanga. Each young person is given the opportunity to acknowledge their cultural identity when they respond to the court and in so doing, acknowledge responsibility not just to the victims or the law but also to their marae and community. While the Rangatahi and Pasifika Youth Courts represent a positive approach to acknowledging the importance of Mäori and Pacific cultural frameworks, they do not necessarily address the underlying causes of structural discrimination and bias in the criminal justice system. As mentioned previously, care must be taken so that inclusion of cultural frameworks is not tokenized and upheld as a “silver bullet” strategy without carefully examining the nature of embedded systemic bias and socio-economic inequalities. As at April 2011, 282 young people have had, or are scheduled to have, their case monitored in a Rangatahi or Pasifika Court.191 offending, strongly dependent on the local community and local marae or cultural centre. 3. The Courts have strong leadership from judges and government ministers have voiced their support at Rangatahi or Pasifika Youth Court opening events. 4. The Courts are also supported by Ministry of Justice staff, both local and national. Sustainability The sustainability of the Rangatahi Courts relies on ongoing collaboration across government, marae, government agencies and service providers, community and whänau. Sustainability and future growth is also heavily reliant on Mäori and Pacific judges. Low numbers of Mäori and Pacific judges may not be able to meet ongoing demand to establish new Rangatahi and Pasifika Youth Courts. 41