Introduction:
This week, the government’s decision to remove Te Tiriti o Waitangi clauses from Corrections legislation without consultation with Māori communities has sparked outrage and raised serious concerns about the future of Māori justice in Aotearoa.
This move, reminiscent of the controversial 7AA legislation, threatens to undermine decades of progress towards addressing the systemic inequalities within the justice system and further marginalize Māori voices.
This article delves into the historical context of Te Tiriti clauses within Corrections legislation, examining the significance of their removal and the potential consequences for Māori communities.
The journey towards incorporating Te Tiriti principles into Corrections began with the landmark Wai 2540 claim, led by retired senior probation officer Tom Hemopo. In 2016, Hemopo argued that the Corrections Department and the Crown had failed to prioritize reducing Māori reoffending rates, highlighting the stark reality of Māori overrepresentation in prisons. Despite comprising only 15% of the New Zealand population, Māori make up over 63% of incarcerated women and 51% of incarcerated men.
Tom Hemopo-photo /supplied
Hemopo’s claim, was supported by numerous submissions. I also submitted evidence to the Tribunal under his Wai 2540 claim presenting my Phd doctoral research on the impact of historical intergenerational trauma on Māori, exposing the deep-rooted systemic inequalities within the justice system. This research highlights how colonization, land confiscation, and cultural suppression contributed to higher rates of mental health issues, addiction, poverty, and crime among Māori, ultimately driving the disproportionate prison statistics.
Hōkai Rangi Think Tank photo / supplied
The Waitangi Tribunal’s 2017 report, “Tū Mai te Rangi,” acknowledged the Crown’s breach of Treaty obligations in failing to address the high rate of Māori reoffending. The report recommended specific measures to reduce this disparity, including fulfilling Treaty obligations and acknowledging historical disparities. Notably, the report called for a collaboration of experts, so I was invited to join the think tank to develop a Māori strategy for prisons that became, “Hōkai Rangi,” to address the overrepresentation of Māori in the corrections system.
CEO-Corrections 2019 Christine Stevensen – photo/supplied
Culturally Responsive Pathway:
Hōkai Rangi aimed to create a culturally responsive pathway to excellence, working collaboratively with Māori individuals and their families to achieve better outcomes.
Corrections Minister Kelvin Davis 2019 – photo: /supplied
This strategy, launched in Parliament in 2019, emphasized building humanizing and healing environments, promoting holistic health and well-being, and fostering partnerships with Māori communities.
Hōkai Rangi booklet- photo / supplied
Hōkai Rangi hinderances:
While Hōkai Rangi initially offered hope for a more equitable and culturally responsive corrections system, its implementation has been hindered by a lack of infrastructure and support from various sectors within Corrections. The strategy’s effectiveness has been hampered by a lack of resources and a failure to fully embrace its core principles.
The recent removal of Te Tiriti clauses from Corrections legislation further jeopardizes the progress made through Hōkai Rangi. This move sends a clear message that the government is no longer committed to upholding its Treaty obligations and addressing the systemic injustices faced by Māori in the justice system.
The consequences of this decision are far-reaching and potentially devastating. Removing Te Tiriti clauses weakens the legal framework for addressing Māori overrepresentation in prisons and undermines the principles of cultural responsiveness and self-determination enshrined within Hōkai Rangi. This could lead to:
– Increased Māori incarceration rates: Without the legal framework provided by Te Tiriti clauses, the government may be less accountable for addressing the systemic factors contributing to Māori overrepresentation in prisons.
– Erosion of trust and engagement: The removal of Te Tiriti clauses undermines the government’s commitment to working collaboratively with Māori communities to address issues within the corrections system. This could lead to decreased trust and engagement from Māori communities, hindering efforts to improve outcomes for Māori offenders.
– Reinforcement of colonial structures: Removing Te Tiriti clauses risks reinforcing colonial structures within the justice system, further marginalizing Māori voices and perpetuating historical injustices.
Group photo – Photo/ Supplied
Removing Te Tiriti o Waitangi Clauses:
The government’s decision to remove Te Tiriti clauses from Corrections legislation represents a significant setback for Māori justice and reconciliation. It threatens to undermine the progress made through Hōkai Rangi and risks exacerbating the systemic inequalities that have plagued the justice system for generations.
In conclusion, the Coalitions current stance suggests that inspite of the evidence exposing deep-rooted systemic inequalities within the justice system, and within Oranga Tamariki, “they don’t care” and want to reinstate the colonial status quo rolling back years of progress. It is imperative that the government reconsider this decision and prioritize upholding its Treaty obligations over its coalition agreements, otherwise it will lead to further litigation, and when the dust settles, they may find they don’t have a leg to stand on. This Coalition are in the position they are in, because Māori gave them a seat at the table.
Hōkai Rangi hui- photo/ supplied
