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Te Ao Mārama court system promises fairer, more inclusive justice

By Peter de Graaf

Reporter·Northern Advocate·

13 Jul, 2022 05:00 PM5 mins to read

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Chief District Court Judge Heemi Taumaunu, Judge Greg Davis, Principal Youth Court Judge John Walker and Acting Principal Family Court Judge Stephen Coyle enjoy a light-hearted moment during the speeches at Waimanoni Marae. Photo / Peter de Graaf

The classic western tune Don't Fence Me In became an unofficial theme song when a new initiative was launched in Kaitaia yesterday aiming to make the nation's justice system fairer and more inclusive for all.

A who's who of the New Zealand judiciary turned out along with a bevy of

The name translates literally as the "world of light" but, according to Chief District Court Judge Heemi Taumaunu, in this context it means "an enlightened justice system for all".

Kaitaia's district court will be the third in the country to implement the new model after Hamilton and Gisborne.

It will change the courtroom experience by allowing iwi and community groups to take part, toning down formalities, dispensing with legal jargon, and — most importantly — trying to identify and address the underlying reasons that lead people to commit crime in the first place.

It is also hoped the involvement of social service providers from day one will reduce the number of people who are locked up while waiting for court hearings, not because they're a danger to the community but because they don't have a suitable bail address.

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Ministry of Justice staff perform a waiata written especially for Te Ao Mārama by Dave Para of Kaikohe. Photo / Peter de Graaf

Judge Greg Davis, who is leading the initiative in Northland, said in the current system the only information judges had to go on was the police summary of facts.

That explained the crime that had occurred but nothing of the person's background or the events that led up to it.

Allowing a wider range of voices in the courtroom would give judges better information and lead to better decisions.

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Addressing the factors that led to the crime in the first place, such as housing or employment, would ultimately make everyone safer.

"If you carry on doing the same things you've always done, don't cry if you get the same results."

With its strong iwi organisations and six out of nine Northland judges having Māori whakapapa, Kaitaia was uniquely placed to roll out the new scheme.

"If we can't do it here with Māori judges, predominantly Māori court users and effective Māori organisations, how can we expect anyone else to do it?"

Kuia Myra Berghan, Ruth Jones and Aggie Smith were jokingly described by former MP Hone Harawira as The District Court of Waimanoni because "nothing gets past them". Photo / Peter de Graaf

Judge Taumaunu said Te Ao Mārama was his response to calls for change in the justice system, and he was grateful to Te Hiku iwi for the chance to work together to improve what happened in court.

Not everyone went into court on an even playing field and some didn't fully understand what was going on.

They would be provided with assistance and courts would use plain language, he said.

"That sounds easy to do but we are steeped in tradition, we like to use big words."

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At one point yesterday Craig Hobson (Ngāi Takoto) stood up to sing the Cole Porter classic Don't Fence Me In.

It was a theme picked up by other speakers, including Te Rarawa leader Haami Piripi.

He praised the court's courage for working with iwi to make the system better.

"I've seen the potential of too many people wasted after they came before the law. We have been fenced in ... now we have an opportunity to allow our young people to break free of the things that ensnare us."

Corrections Minister Kelvin Davis addresses the gathering at Waimanoni Marae. Photo / Peter de Graaf

Corrections Minister Kelvin Davis, brother of Judge Greg Davis, continued the analogy.

"We have been fencing people in at a great rate of knots. The fence has become bigger and wider, and the people inside more numerous."

New Zealand's prison population reached 10,800 and was forecast to hit 13,500 before the current government began its drive to reduce prisoner numbers. Māori were jailed at four to five times the rate of everyone else.

The total was now down to 7700 with 1200 fewer Māori behind bars. The number of women in jail had been halved.

Part of the population didn't think reducing the number of people in prison was a positive thing, but it was a case of making the system more effective rather than "letting bad people out", he said.

Apart from the social costs, New Zealand couldn't afford to spend $1 billion building a new prison every three to four years.

Moerewa social worker Ngahau Davis says the current system, with its emphasis on punishment rather than prevention, isn't working. Photo / Peter de Graaf

The optimism at Wednesday's launch was palpable with Ngahau Davis, who runs a restorative justice programme in Moerewa, saying he had cried in court as he watched young people failed by a system that prioritised punishment over solutions.

"But finally we're in the room, we have a part to play. All our ducks are lining up."

Later in the day the first phase of Te Ao Mārama was launched at Kaitaia District Court.

Tuteāniwaniwa, run by social services provider Waitomo Papakainga and funded by the Ministry of Justice, will provide kaiawhina (helpers) for people appearing in court.