3.3 times more likely to be apprehended for a criminal offence than non-Māori;

3.6 times more likely to be prosecuted than non-Māori;

4.1 times more likely to be convicted than non-Māori;

1.5 times more likely to be sentenced to imprisonment on conviction;

51% of the prison population but only 14% of the general population.

"Responses of the Criminal Justice system to offending were perceived as unhelpful for many offenders and victims, Māori offenders in particular. By not effectively dealing with crime, the Criminal Justice system may actually contribute to re-offending. Some contributing factors noted include:

• the court system is meaningless to many Māori;
• poor quality legal advice to Māori;
• prosecution practices for Māori differ from that of non-Māori;
• culturally inappropriate behaviour of lawyers, court staff, and the judiciary;
• inappropriate sentencing of Māori offenders;
• ineffectiveness of imprisonment."[Footnote 1]

"It is the relationship between law and the community where particular attention is needed because something has gone wrong with the way in which Māori perceive the law. Māori have little concept of the NZ legal system belonging to them. They read about Her Majesty's Judges, Queen's Counsel, British justice and the laws of England. Little wonder that there is no sense of ownership by Māori in the system. [We] must turn this attitude around so Māori have a stake in the legal system and like other people, can appreciate and claim ownership of it."[Footnote 2]

Overall, the Criminal Justice system is not responsive to Māori, although some components of it work better than others.

Another reason is that many Māori neither respect, nor obey the law. This has at least three negative results. Government agencies see more Māori in a negative capacity, thus reinforcing stereotypes. High offending rates sets a poor example to wider Māori, especially young Māori, and lessens the restraint element of the law. These factors in turn tend to perpetuate and widen the gaps still further.

In the context of the Crown's obligations under the Treaty of Waitangi, and given that the system needs to effectively and fairly administer justice to all New Zealanders, this lack of responsiveness means the Criminal Justice system is performing inadequately for Māori. This lessens the effectiveness of Justice system programmes and initiatives which that aim to reduce crime and victimisation. More responsive government agencies, together with better strategies, have the potential to play an important role in combating and reducing Māori crime.

As Appendix B illustrates, trust and confidence in Police is lower for Māori than for the general population, although the gap in perceptions is closing. In 1997, only 36% of Māori expressed "full" or "quite a lot" of trust and confidence in Police, compared to 58% of all groups. By 1999, this gap had narrowed, with 48% of Māori expressing "full" or "quite a lot" of trust and confidence in Police compared with 61% of all groups. Nevertheless, a significant problem remains, and Police and Māori must work towards resolving it.

There is no specific data about the level of satisfaction with Māori of services delivered by Police, except a general comment in a 1995 survey [Footnote 3] which recorded:

"Overall Māori have a less positive view of Police than the other two groups (European and Pacific Island) having less trust and confidence in Police, seeing them as less approachable, and being less satisfied with their services."

As this report discussesnotes, mainstream criminal justice interventions to reduce crime are not particularly effective in reducing re-offending. But However,the targeted crime prevention programmes are producing good results. More effective steps must be taken to reduce offending by Māori.

In addition criminal justice agencies, including the Police, must work to improve their responsiveness to Māori and to overcome any negative perceptions that may inhibit that responsiveness. Work has begun on effective Māori responsiveness strategies in Police and other agencies, but it is not yet fully developed or implemented.

improving their responsiveness to Māori;

prioritising strategies and programmes which close the gaps between Māori and non-Māori in underlying risk factors which contribute to crime;

supporting community-based Māori focused crime prevention projects;

improving the data they collect to enable better evaluation of crime prevention initiatives.

1.Perspectives on Responding to the Over-Representation of Māori in the Criminal Justice System. The Views of Māori Stakeholders. Justice Sector Policy Group, Ministry of Justice and the Social Policy Branch, Te Puni Kōkiri. 1998 pp 9-10.

2.Ms Donna Hall, Barrister & Solicitor, Nāgti Rangiteaorere o Mokoia Island. Aug 2000