the Elimination of Racial Discrimination,14 Committee on Economic, Social and Cultural Rights15
and Expert Mechanism on the Rights of Indigenous Peoples16 have recommended that the
Government continue constitutional discussions including the role of Te Tiriti, in partnership
with Māori.
Systemic issues
14.
In 2018 the Ministry of Justice commenced its work programme Hāpaitia te Oranga Tangata:
Safe and Effective Justice to consider ways to improve systemic shortcomings in the criminal
justice system. The Safe and Effective Justice Advisory Group Uepū Hāpai i te Oranga produced
two reports following over a year of leading a public discussion and engaging with communities
around the country about the improvements needed to the justice system.17 Their final report
found that the current system is failing on several fronts and called for urgent and fundamental
change to the justice system. Its recommendations included a commitment to transform the
system, a whole of government approach and vision, and a ‘by Māori for Māori’ approach,
including the establishing a power sharing governance model.
15.
Ināia Tonu Nei is a Māori movement formed in response to a lack of Māori voice in the 2018
Safe and Effective Justice Summit. The group was supported by the Government to convene a
hui (meeting) among Māori with criminal justice experience. This produced the Ināia Tonu Nei
report in 2019,18 which called for urgent change to the justice system and recommended that
Aotearoa New Zealand’s justice system be decolonised and remodelled in partnership between
Māori and the Crown.19
16.
The Ministry of Justice website reports that the Hāpaitia Legacy continues to be reflected in
initiatives such as: Police Iwi Community Panels, Te Ao Mārama District Court model, the
Department of Corrections' Māori strategic plan and Joint Venture on Family and Sexual
Violence.20 While these are very positive individual initiatives, overall progress on the urgent
and fundamental change called for by the Hāpaitia review is less clear.
17.
The Committee may wish to make further inquiries with the Government as to its progress
in implementing the systemic changes recommended as a result of the Hāpaitia i te Oranga
Tangata Safe and Effective Justice Review and by Ināia Tonu Nei.
18.
Ara Poutama | Department of Corrections (Corrections) has adopted Hōkai Rangi 2019 – 2024,
its core strategic plan to deliver better outcomes and reduce the overall proportion of Māori in
14
Committee on the Elimination of Racial Discrimination Concluding observations on the combined twenty-first and twentysecond periodic reports of New Zealand, UN Doc. CERD/C/NZL/CO/21-22 (22 September 2017) at [13(a)].
15 Committee on Economic, Social and Cultural Rights Concluding observations on the fourth periodic report of New Zealand
UN Doc. E/C.12/NZL/CO/4 (2018) at para [9(a)].
16 Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) Country Engagement Mission (8 – 13 April 2019) – New
Zealand (14 July 2019) at [17] available at
https://www.ohchr.org/sites/default/files/Documents/Issues/IPeoples/EMRIP/Session12/EMRIPAdvisroyNoteNZ2019.
docx.
17 Uepū Hāpai i te Oranga He Waka Roimata – First report (2019) available at https://www.justice.govt.nz/assets/he-wakaroimata.pdf. Uepū Hāpai i te Oranga Tūruki! Tūruki! Move Together: Second report of Te Uepū Hāpai i Te Ora Safe and
Effective Justice Advisory Group (December 2019) available at https://www.justice.govt.nz/assets/turuki-turuki.pdf.
18 Ministry of Justice, Ināia Tonu Nei: Hui Māori Report (July 2019) available at
https://www.justice.govt.nz/assets/d8s653-Inaia-Tonu-Nei-Hui-Maori-English-version.pdf.
19 Ināia Tonu Nei, Hui Māori Report (July 2019) available at
https://static1.squarespace.com/static/60d12cb5a665b46504ad8b32/t/60fe31b1735d6f7990bf3f5a/1627271661386/
d8s653-Inaia-Tonu-Nei-Hui-Maori-English-version.pdf.
20 Ministry of Justice, The Hāpaitia legacy https://www.justice.govt.nz/justice-sector-policy/key-initiatives/key-initiativesarchive/hapaitia-te-oranga-tangata/the-hapaitia-legacy/
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