Crical race theorists would argue, and I agree, that the decision in

Bullock

illustrates how white supremacy and its

subordinaon of people of colour is maintained and reflected in the law. The idea is that Maori will only benefit, or

have their rights protected, when it is in the interests of those who have the power, i.e. the white people (interest

convergence). This is reflected in judgment which provided that kanga was discriminatory against white women. In

this we can see that our legal system is inherently, systemacally and connuously operang in a way that

incorporates power of the majority and subordinates racial minories (oſten in non-obvious ways).

Ani Mikaere argues the centrality of colonial power is the ulmate problem because kanga is always subordinated

to western law in this system, which is fundamentally at odds with Te Tiri o Waitangi. Although it is true, as Hirini

Moko Mead argues, that kanga has become more widely known and accommodated in the New Zealand legal

system in recent decades, it has only been to the extent that it was in the interests of those who have the power, i.e.

the white people.

CASE STUDY 4 – Maori and the Criminal Jusce System

Maori are overrepresented in the NZ criminal jusce system.

Maori make up 15% of total populaon, but around

50% of prison populaon. In the women’s prison populaon it is about 60%. They are also overrepresented as

vicms and underrepresented in legal professions at only 5.5% of judges, lawyers and police.

At all points in the system, Māori are overrepresented. Overrepresented in poverty, lower educaon, higher levels

of addicon etc – things that correlate with criminality.

Reasons for disproporonate representaon



SOCIO-ECONOMIC ISSUES

maori face: linked to exposure to risk factors such as alcohol and drugs,

unemployment, lack of educaon



Maori have a unique experience with

COLONIALISM

– this has resulted in disconnecon between maori and

their cultural background and es. Many maori don’t know anything about Tikanga



Also claims of

SYSTEMIC BIAS

operang within the criminal jusce system – so wherever there is a point of

discreon, there is discriminaon against maori (apprehending, charging, sentencing etc.)

Principles involved in the maori criminal jusce system



UTU (Hara-Sin & Muru- ritual plundering)

–

utu is all about

restoring the balance

and ensuring that if

someone has taken something from you or done something to you, there must be some kind of

compensaon to take you back to the balance (to the point you were in before it happen). Utu can be used

in both negave and posive situaons – here this is a negave acon (commission of a crime).

The maori

CJS doesn’t seek to punish but to restore (historically this could be seen as an eye for an eye + a lile bit

extra to compensate for the wrong). Many maori in a kanga world will choose this opon and deal with

things within the family instead of calling the police whom they don’t have a good relaonship with. In

tradional society, an

example causing a lot of controversy was when 30 iwi from one tribe visited an island

and they were all killed by the iwi in that area. Word got back to the vising tribes iwi, so the rest of the iwi

they came down to restore their mana and killed everyone on the island except for those who could crawl

between her legs, they would be saved. So those who ran into the marae were saved



MANA

–

when something happens to you, your mana is decreased.



WHANAUNGATANGA

– when you go through the restoraon process, there is connecon via

whanaungatanga.

If a wrongdoing has been done, this is a shared situaon between two pares (i.e. vicm

and offender) this shared situaon brings about a connecon which is enforced through whanaungatanga

and the restoraon process



MANAAKI

– to take care of. Making sure that within the process of utu the

vicm has that aroha shown to

them and is taken care of.

The basic CJS formula under kanga is that there is