prison.21 The Oranga Tamariki Act 1989, which governs the State care and youth justice systems for children and young people in Aotearoa New Zealand, was updated in 2019 to include an express commitment to the principles of the Treaty of Waitangi.22 19. Despite these initiatives, Māori continue to be over-represented at all stages of the criminal justice and State care systems in Aotearoa New Zealand. The Maranga Mai! report released by the Commission in February 2023 provides an historic account of the over-policing of Māori and their greater likelihood of apprehension, prosecution, conviction and imprisonment which is continued today.23 Māori currently represent 37 per cent of people proceeded against by Police, 45 per cent of people convicted, and 52 per cent of people in prison, despite representing only 16.5 percent of the national population.24 In addition, 65 per cent of women in Aotearoa New Zealand’s correctional facilities are Māori, making them the most incarcerated group of indigenous women in the world.25 20. As noted in the separate submission of the Office of the Children’s Commissioner to the Committee, Māori children and young people are also over-represented in State care and youth justice processes.26 A joint inquiry by the Independent Police Conduct Authority and the Office of the Privacy Commissioner released in September 2022 found that Police had been unlawfully photographing Māori youth and storing their biometric information in a national database, without properly seeking consent from the youth or their parents or caregivers.27 The information was collected and stored for intelligence-gathering and investigative purposes, in circumstances where the youth had not been charged with any offences. 21. The Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faithbased Institutions (hereafter referred to as the Royal Commission), discussed further below, has established a separate investigation to examine the over-representation and impacts of abuse specific to Māori children, young people and vulnerable adults.28 This investigation will 21 Ara Poutama Aotearoa | Department of Corrections, Hokai Rangi 2019 – 2024 available at https://www.corrections.govt.nz/resources/strategic_reports/corrections_strategic_plans/hokai_rangi. 22 The Treaty of Waitangi is the name of the English version of Te Tiriti o Waitangi, which differs in meaning from Te Tiriti o Waitangi in te reo Māori. 23 Aotearoa New Zealand Human Rights Commission Maranga Mai! The dynamics and impacts of white supremacy, racism and colonisation upon tangata whenua in Aotearoa New Zealand (November 2022), at pp.85 – 89, and 92, available at https://tikatangata.org.nz/our-work/maranga-mai. 24 See Ministry of Justice “Hāpaitia te Oranga Tangata | Safe and Effective Justice” (2 February 2023) available at https://www.justice.govt.nz/justice-sector-policy/key-initiatives/hapaitia-te-orangatangata/#:~:text=M%C4%81ori%20are%20overrepresented%20at%20every,of%20the%20New%20Zealand%20popula tion. 25 Sophie Cornish, Māori even more over-represented in prisons, despite $98m strategy, Stuff New Zealand (1 May 2022) available at https://www.stuff.co.nz/national/128306867/mori-even-more-overrepresented-in-prisons-despite-98mstrategy. See also International Working Group for Indigenous Affairs, The Indigenous World 2022: Aotearoa (New Zealand) (1 April 2022) available at https://iwgia.org/en/aotearoa-new-zealand/4685-iw-2022-aotearoa-newzealand.html#_edn8. 26 See also Aotearoa New Zealand Human Rights Commission Aotearoa New Zealand 6th Periodic Review under the UN Convention on the Rights of the Child: Submission of the New Zealand Human Rights Commission on the List of Issues Prior to Reporting (March 2020) at [29] available at https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=INT%2FCRC%2FIFN%2FNZL% 2F42168&Lang=en. 27 Office of the Privacy Commissioner, IPCA/OPC Joint Inquiry into Police conduct when photgraphing members of the public (8 September 2022) available at https://www.privacy.org.nz/publications/commissioner-inquiries/ipcaopc-jointinquiry-into-police-conduct-when-photographing-members-of-thepublic/#:~:text=In%20relation%20to%20the%20three,for%20a%20lawful%20policing%20purpose. 28 Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions “Māori experiences of abuse in care” available at https://www.abuseincare.org.nz/our-inquiries/maori-experience-of-abusein-care/. 8