also consider whether current frameworks for preventing and responding to abuse against
Māori are fit-for-purpose.
22.
In recent years the Waitangi Tribunal29 has instigated Kaupapa (thematic) Inquiries to examine
nationally significant and systemic issues affecting Māori. The WAI3060 Te Rau o te Tika: Justice
System Kaupapa Inquiry currently underway is examining allegations relating to:30
(a) discrimination against Māori in the statutory and institutional framework for the
administration of justice in colonial and modern times;
(b) institutional racism and bias in the policy and practice of justice sector organisations;
(c) discrimination against Māori in policing policy and practice; and
(d) prison conditions and the treatment of Māori in prison (both in pre-trial detention and
sentenced).
23.
The findings and recommendations resulting from the WAI3060 Inquiry are likely to provide
comprehensive advice to the State justice agencies as to how they can transform their
structural and operational functions to have greater compliance with the principles of Te Tiriti
and undoubtedly improve Māori outcomes.
24.
The Committee may wish to recommend that the Government:
(a) Recognise, respect and support Māori rangatiratanga and self-determination to design
and implement their own initiatives to address Māori and criminal justice and harms
caused by state care in accordance with tikanga Māori (customs and traditions);
(b) Prioritise the completion and implementation of a National Action Plan to implement
UNDRIP grounded in Te Tiriti o Waitangi; and
(c) Report on effective and measurable steps being taken to progress system change in
relation to Māori within the criminal justice and State care systems, as recommended by
the Safe and Effective Justice review, the Ināia Tonu Nei report and including with respect
to the Government’s obligations under Te Tiriti o Waitangi and UNDRIP (specifically, selfdetermination, participation, equality and non-discrimination).
29
The Waitangi Tribunal is charged with investigating and making recommendations on claims brought by Māori relating to
actions or omissions of the Government in relation to obligations under Te Tiriti o Waitangi.
30 Ministry of Justice, Te Rau o Te Tika: Justice System Kaupapa Inquiry (WAI3060) available at
https://www.justice.govt.nz/justice-sector-policy/justice-system-kaupapa-inquiry/.
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