11.
Further guidance has also been provided by the Expert Mechanism on the Rights of Indigenous
Peoples study and advice on access to justice.7 The study highlighted the interrelatedness of
access to justice with the realisation of other rights including self-determination and collective
rights; and affirmed that the Declaration on the Rights of Indigenous Peoples must be the
basis of all actions. It recommended recognition and support of traditional justice systems and
the need to address the underlying issues which prevent indigenous peoples enjoying their
human rights to justice. It also emphasised the need for cooperation and partnership with
indigenous peoples to determine effective strategies, and to address indigenous overrepresentation in criminal justice systems.
12.
A New Zealand Police crime and crash prevention strategy, The Turning of the Tide,8 sets
targets for reduced Māori offending, repeat offending and apprehensions. The Turning of the
Tide approach is based on partnerships with iwi and prevention rather than enforcement. It
is making a difference in some key areas and the Commission understands that there is an
ongoing commitment to expand the strategy across other areas of the justice system.
13.
The Waitangi Tribunal has recently reported on a claim related to Māori over-representation
in the justice system:9 specifically, efforts by the Department of Corrections to address Māori
reoffending. The Tribunal found that the Government had breached its obligations under the
Treaty of Waitangi by not adequately prioritising the reduction of Māori reoffending.10 In
particular, there was no specific plan or strategy for Māori, and in fact disparities between
Māori and non-Māori had been widening. Among the Tribunal’s recommendations is for the
Corrections Department to work with its Māori partners to design and implement a new Māori
specific strategic framework, set and commit to targets, and regularly and publicly report on
progress.11
VIOLENCE AND ABUSE – ARTICLE 2,5,11,12 AND 16
14.
Despite the efforts of successive Governments, violence and abuse remains one of New
Zealand’s greatest contemporary challenges. Most family violence, including sexual violence,
is not reported to the criminal justice system so reported offences may rise without
indicating an increase in actual violence and abuse. Of reported violence over 50% of it is
perpetrated by 6% of the population on 6% of the population. There is therefore a significant
group of multiple victims and offenders.
7
Expert Mechanism on the Rights of Indigenous Peoples, Access to justice in the promotion and protection of
the rights of indigenous peoples, A/HRC/EMRIP/2014/3/Rev.1, adopted 27th session of the Human Rights
Council, A/HRC/27/64, 8 August 2014
8 http://www.police.govt.nz/sites/default/files/resources/the-turning-of-the-tide-strategy.pdf
9
Waitangi Tribunal, Tu Mai Te Rangi: Report on the Crown and disproportionate re- offending rate, Prepublication version, WAI 2540, 2017, accessed
https://forms.justice.govt.nz/search/Documents/WT/wt_DOC_121273708/Tu%20Mai%20Te%20Rangi%20W.p
df
10
Ibid p 87
11
Ibid p87-90
2