Concerns over inquiry panel

Those who work with some of New Zealand’s hardest-to-reach communities say the make-up of the Government’s criminal justice group doesn’t include those on the frontlines.

The criticism of the make-up of Te Uepu¯ Ha¯ pai i te Ora – the criminal justice advisory group tasked with overhauling the current system – comes as the Government gears up for its criminal justice summit next week.

A former gang member-turned service provider and a Ma¯ ori criminology expert say service providers need to be at the top table to make sure affected communities are fully invested in the changes.

But Justice Minister Andrew Little rejects the criticism, saying Ma¯ ori and ethnic people are wellrepresented on the eight-person panel. And the system is set up to get input from a range of communities. The eight-person advisory group, which is led by former National MP and courts minister Chester Borrows, was announced last month, to carry out the coalition Government’s vision of fixing New Zealand’s ‘‘broken’’ criminal justice system.

The country’s prison population reached record numbers, surpassing 10,500 earlier in the year.

Meanwhile, reoffending rates, and rates of serious offending remain high.

Te Uepu¯ Ha¯pai i te Ora is made up of Borrows, Dr Warren Young, Professor Tony Ward, Professor Tracey McIntosh, Dr Carwyn Jones, Ruth Money, Julia Whaipooti, and Dr Jarrod Gilbert.

It has been tasked with consulting with stakeholders across the country, and coming up with a set of suggestions – some of which are expected to include changes to bail and sentencing laws.

Former Te Puni Ko¯kiri policy manager, who now works with hard to reach Ma¯ ori communities, Harry Tam said the group did not include those who ‘‘live, breathe, eat and sleep this 24/7’’, which could ultimately hinder the level of buy-in from affected communities.

‘‘My issue is not really the people that are in there, my issue is the people who aren’t in there,’’ Tam said. ‘‘If we think all the answers to the criminal justice system sit with middle-class, predominantly white academics, then we’re making a huge mistake.’’

Tam said those who were on the frontlines, dealing with criminalised New Zealanders, especially those who were Ma¯ori, Pasifika and in gangs, should be at the head decision-making table.

‘‘It’s not really a matter of being consulted by the experts because in reality practitioners are experts as well. It is an issue of who has power and who does not.

‘‘By having such an imbalanced panel, despite best intentions, it implies our work and knowledge has no value.

‘‘In the long run it may not get the level of buy-in from those that these changes are targeted at.’’

Tam has also requested a private meeting with Little, and other Labour ministers involved in justice and social development areas.

Waikato University Ma¯ ori criminologist Dr Juan Tauri echoed Tam’s concerns, saying there needed to be more people who had experience with intervention, and designing and delivering programmes targeted at hard-toreach, or generally criminalised communities.

‘‘I think if we’re serious about making some significant changes to the way we do business in justice, you have to have that experience, and that perspective.’’

Little was genuinely seeking significant change but in order to make that change, the right spread of people needed to be involved in a genuine process of co-design.

Tauri hoped the current work programme resulted in change but he wasn’t holding his breath.

‘‘I’m a real pessimist when it comes to the criminal justice system, especially in relation to its ability, or its willingness, to meaningfully engage with communities,’’ he said.

‘‘There’s a real arrogance amongst the criminal justice policy sector, that they are the experts ... I haven’t seen much evidence that they’re particularly good at what they do.’’

Both Tam and Tauri said they were frustrated by New Zealand’s propensity to cherry-pick criminal justice policy from overseas.

The latest fad was looking to Norway, Tam said.

‘‘I doubt there are very many Ma¯ ori in Oslo.

‘‘There is very little evidence of what works for Ma¯ ori ... We don’t support Ma¯ori designed, developed, delivered initiatives enough to have a good evidence base.’’

Tauri called it the ‘‘criminal justice cultural cringe’’ – the belief New Zealand can’t design and implement its own world-class system.

There had also been calls for well-known jailhouse lawyer Arthur Thomas to attend the summit, in order to get a perspective from inside prison.

Thomas has acted on behalf of inmates from inside prison walls.

But Thomas is set to remain behind bars for at least another year, after he was most recently denied parole in March.

Yesterday morning, almost 300 people had signed the petition.

Little said the advisory group, which he had met with on one occasion so far, had a good range of voices, adding that he was confident the group could come up with a set of recommendations, following its inquiry.

He did not accept criticism of the group’s make-up, saying Ma¯ ori were well-represented, and people engaging in all areas of the criminal justice sector would get the chance to have their say.

‘‘This has been set up in a way to engage all parts of the community, but specifically Maori – they are 50 per cent of our prison population ... And we have to have an answer in what we’re doing for that massive over-representation.’’

Little said the advisory group had been expanded to include what was understood to be a reference group to work alongside the advisory group.

The summit will be launched by Little and Prime Minister Jacinda Ardern on Monday evening.

It will continue on Tuesday and Wednesday in Porirua, with about 700 people expected to attend, including ministers, the Children’s Commissioner, and a range of stakeholders.

‘‘This has been set up in a way to engage all parts of the community, but specifically Maori – they are 50 per cent of our prison population ... And we have to have an answer in what we’re doing for that massive overrepresentation.’’ Justice Minister Andrew Little