A Waitangi Tribunal report released today says there is no evidence to back a claim that Maori offenders are prejudiced when being assessed in terms of their sentences.
The Offender Assessment Policies report considered two specific tools designed and used by the Corrections Department.
They help to identify and assessoffenders who are at high risk of re-offending and are intended to assist the development of programmes that can work on reducing Maori re-offending.
On behalf of Ngati Kahungunu, Tom Hemopo claimed the assessment tools disadvantaged Maori offenders in terms of the type and length of sentences they received.
He also said maintained there were deficiencies in the department's consultation with Maori, and in the design, implementation and use of the tools.
"The tribunal concludes there is insufficient evidence to establish that any prejudice has been or is being caused to Maori offenders," the report said.
"The tribunal recognises that the department has acted in good faith in order to reduce re-offending and believes that some aspects of the assessment tools are ground-breaking."
However, the report suggested the 'MaCRNs' (Maori Culture Related Needs) tool, focusing on Maori offenders' cultural responsiveness, required more testing and independent evaluation.
It also identified Treaty breaches in the way the department developed the tool without consulting Maori communities and monitoring its use and effects.
The tribunal said it believed the parties were fairly close over ways to build on the work already done.
The findings were welcomed by the Department of Corrections.
"Whilst the Tribunal has identified some inconsistencies with the principles of the Treaty, we are pleased that it was found not to have prejudiced Maori offenders," chief executive Barry Matthews said.
He said he welcomed comments about the tools used, and that the department would use its suggestions to help the testing and evaluation of MaCRNs in 2006.
It would also strive to improve its consultation process.
