Criteria for cultural reports to improve

New guidelines for cultural reports are being written following an assessment of a report that included a lot of information about the woman who wrote it, but very little about the defendant she was writing about.

The Justice Ministry conducted a review of cultural reports written by Michelle Reti-Kaukau after Stuff revealed she was running her own ‘‘court’’ in Hastings. Reti-Kaukau did not recognise New Zealand laws and claimed to have the authority to sentence people. She also wrote cultural reports for the Te Ara Pumanawa Trust.

The reports, also referred to as ‘‘Section 27’’ reports, are requested by lawyers for use at a defendant’s sentencing.

The ministry will pay for the reports if approved by the legal services commissioner.

The ministry has funded three reports written by Reti-Kaukau.

A review of one of these reports by the ministry has found a raft of concerns. The review, overseen by the commissioner, found that the report failed to meet the key requirement of explaining how the defendant’s cultural background related to his offending.

The review found that the report contained a lot of background information, such as rates of Ma¯ori imprisonment, when it should have been focused on the defendant.

It also found Reti-Kaukau’s report had a ‘‘somewhat political tone to it’, and listed New Zealand’s obligations to international treaties, that were not relevant to the offender.

The reviewer said while the report had very little information on the defendant, ‘‘in contrast there is a deal of information about the report writer in both the introduction and the appendix’’.

‘‘Given lack of detail around defendant – would question how much time was spent with him,’’ the reviewer wrote.

Reti-Kaukau’s report did not mention the charges the man was being sentenced on, did not provide detail about significant events in his life, and it appeared she had not had any contact with the man’s family.

Reti-Kaukau made a ‘sentence recommendation’ in the report, which the review said suggested a misunderstanding about her role, and failure to know the difference between home detention and electronically-monitored bail.

Legal Services Commissioner Brett Dooley said no action would be taken against Reti-Kaukau, but as a result of the review the ministry would ‘‘develop a framework of more robust criteria for approving funding for cultural reports and guidance for report writers’’.

A timeline for completing the guidelines had not yet been set.

‘‘In the meantime, funding for cultural reports will continue where the legal aid provider can demonstrate why the report is needed and how it will contribute to a successful outcome for the client.

‘‘Where a client has been granted legal aid and it is in the interests of justice that their legal representation is supported by a specialist report, we will fund it,’’ Dooley said.

Reti-Kaukau did not wish to comment when contacted by Stuff.

‘‘Given [the] lack of detail around [the] defendant – would question how much time was spent with him.’’

Justice Ministry reviewer