New court in session

CHANGES: At the launch of Te Ao Marama system at Gisborne Court House from left are, Judge Haamiora Raumati, Judge Turitea Bolstad, Judge Warren Cathcart, Te Runanganui O Ngati Porou chair Selwyn Parata, principal family court Judge Jacquelyn Moran, chief district court Judge Heemi Taumaunu, principal youth court Judge John Walker, probation officer Ed Karauria, Rongowhakaata Iwi Trust chair Moera Brown, Erena Nepe, Senior Sgt Brenda Kelly, Tamanuhiri Tutu Poroporo trustee Angus Ngarangioue. Picture by Paul Rickard

A new court model created in response to longstanding calls for transformative change to the justice system was launched at Gisborne District Court yesterday.

Called Te Ao Marama, it will involve working closely with iwi, community and Government to reflect the needs of a modern-day New Zealand “where everyone can seek justice and feel they are heard and understood”.

“Te Ao Marama means the world of light,” Chief District Court Judge Heemi Taumaunu said at the launch.

“For the district court, it means a more enlightened approach to justice to help make New Zealand a better place to live in . . . a court where all people may seek justice, regardless of their means or abilities, ethnicity, language or culture, and who they are or where they are from.

The Te Ao Marama kaupapa for the district court was first announced in November 2020 during the annual Norris Ward McKinnon lecture.

It is inspired by the concept “mai te po ki te ao marama” meaning “the transition from night to the enlightened world”.

Implemented with support of the Ministry of Justice, it will use a solution-focused judging approach in mainstream courts and will draw on best practice used in the district court’s specialist courts.

Judge Taumaunu said its focus “will be centred on all people affected by the business of the court, including defendants, victims, complainants, witnesses, parties to proceedings, whanau support people, and wider justice sector stakeholders by helping to ensure that barriers to meaningful participation in proceedings are identified and overcome”.

“Late last year, I first announced Te Ao Marama would be launched in Hamilton, which is also the location for a new alcohol and other drug treatment court, a project that is being enabled by the Government and the Ministry of Justice.

“Following hui with iwi leaders and justice sector agencies, the kaihautu (leadership) of the district court are pleased to announce we will now commence the design of the Te Ao Marama model at Gisborne District Court.

“I would also like to acknowledge Toitu Tairawhiti Iwi chairs and chief executives for their support and look forward to our ongoing engagement with them.”

Tairawhiti iwi chairs support the transformational change in the district court as Maori experience far worse outcomes in the justice sector than non-Maori.

Te Aitanga a Mahaki Trust chair Pene Brown said “institutional racism” had impacted many generations of Maori.

“These days, agencies call it ‘unconscious bias’. Whether that’s the case or not, we know, absolutely, that Maori bear the brunt of that bias.”

Ngai Tamanuhiri Tutu Poroporo Trust chair Pauline Hill said it made sense to pilot Te Ao Marama in Tairawhiti.

“In recent years we have seen strong join-up between police and iwi to tackle family harm while iwi have been instrumental in connecting social service agencies and providers in support of our most vulnerable”.

“We have the conditions for success.”

Te Runanganui o Ngati Porou chair Selwyn Parata said he was not surprised Judge Taumaunu (Gisborne-born and of Ngati Porou and Ngai Tahu descent) was spearheading the initiative.

“Judge Taumaunu pioneered the establishment of the Rangatahi Court, and trialled that locally at Te Poho o Rawiri (Marae). It’s now a court offered across the motu (country) to all rangatahi.”

Rongowhakaata Iwi Trust chair Moera Brown is a former police officer who is now a senior restorative justice facilitator working with whanau at court.

She is excited about the pilot but says a much broader change is needed.

“Once our tamariki/mokopuna come into contact with childcare services, the statistics show that unless we can intervene early and effectively they will flow through into the courts and criminal justice system as adults.

“We need the courts to be much more responsive while we also focus on stopping the flow of our people into the criminal justice pipeline.”

Judge Taumaunu said Gisborne District Court was chosen for a number of reasons.

“While Hamilton is a larger metropolitan court, Gisborne provides an opportunity for a smaller, regional court to adopt this new approach.

“Gisborne District Court is well supported by its local community, with services and agencies willing and available to help ensure the underlying needs of those affected by the business of the court can be addressed.

“New Zealand’s first Te Kooti Rangatahi court opened in Gisborne 13 years ago — almost to the day — and it also hosts a family violence intervention court,” Judge Taumaunu said.

The Te Ao Marama model would likely differ from place to place to enable it to accurately reflect the different strengths of local iwi and local communities in each district court location.

“For the Te Ao Marama model to succeed it needs to invite the strength and wisdom of iwi and community input into the courtroom.

“In that respect it will be developed in a spirit of partnership with local iwi and through engagement with local communities, justice sector representatives and representatives of the legal profession, both nationally and locally, to create a process that works for each court and addresses the needs of each community,” Judge Taumaunu said.

The Te Ao Marama model also aims to infuse tikanga and te reo into mainstream court proceedings. This is to recognise the importance of creating a court environment that looks and feels like Aotearoa New Zealand and reflects the two founding cultures in a spirit of partnership under the Treaty of Waitangi.

It is intended to be rolled out to all district court locations in stages.