15 per cent.27 55. At every stage in the criminal justice process, the outcomes for Māori are generally more severe than they are for non-Māori. Māori are less likely to receive diversion or cautions and are more likely to be sentenced to prison. Māori are more than six times more likely to be imprisoned than non-Māori. If Māori were imprisoned at the same rate as non-Māori the total prison population would roughly halve and New Zealand’s incarceration rate would drop to 20th in the OECD. 56. 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:28 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) 57. Further guidance has also been provided by the Expert Mechanism on the Rights of Indigenous Peoples study and advice on access to justice29. The study highlighted the interrelatedness of access to justice with the realisation of other rights including selfdetermination and collective rights; and affirmed that the Declaration 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 over-representation in criminal justice systems. 58. A New Zealand Police crime and crash prevention strategy, The Turning of the Tide,30 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. 59. The Waitangi Tribunal has recently reported on a claim related to Māori over- 27 Shalev, S: “Thinking Outside the Box?” A review of seclusion and restraint practices in New Zealand. 2017 at page 26. 28 Working Group on Arbitrary Detention, Mission to New Zealand, A/HRC/30/36/Add.2 (6 July 2015) 29 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 30 http://www.police.govt.nz/sites/default/files/resources/the-turning-of-the-tide-strategy.pdf 14