85.
Fourteen percent of the population is Māori. The vast majority – approximately 95% do not come into contact with the justice system. However, those who do come into
contact with the justice system are disproportionately represented at every stage of the
process.
86.
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.”65 Māori are significantly more likely than non-Māori to
be reconvicted and re-imprisoned.
87.
The Review 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.”66 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.67
88.
As the Working Group on Arbitrary Detention (“WGAD”) acknowledged, it is
important to address those underlying risk factors which increase the likelihood of
exposure to the criminal justice system. The WGAD stated:68
the search needs to continue for creative and integrated solutions to the root causes
which lead to disproportionate incarceration rates of the Māori population.
(Emphasis added)
89.
Over the last three years, as a result of the Drivers of Crime initiative – a whole of
government approach to reduce offending and victimisation – the number of young
Māori appearing in court has reduced by 30%.69 Building on the Drivers of Crime
initiative, the Government launched the Youth Crime Action Plan (“YCAP”) in
October 2013. This plan aims to reduce youth crime and recidivism. An updated work
programme for the YCAP is currently being developed by the Ministry of Justice.
90.
In addition, a recent crime and crash prevention strategy, The Turning of the Tide,70
sets targets for reduced Māori offending, repeat offending and apprehensions. The
65
http://www.police.govt.nz/sites/default/files/publications/review-of-police-and-iwi-Māori-relationships.pdf at
i.
66
Ibid at i.
Ibid.
68
Supra note 23.
69
Minister of Justice, Opening remarks to the UN Human Rights Council, January 2014.
70
http://www.police.govt.nz/sites/default/files/resources/the-turning-of-the-tide-strategy.pdf
67
23