Young Māori and Samoan people in the justice system often feel othered, and treated unfairly, which could be hindering chances of rehabilitation, according to preliminary results from a long-term study.
On the whole, the initial findings suggested there was a lack of cultural awareness within the justice system, which often hindered access to justice and hampered rehabilitation prospects (file image). Photo: RNZ / Dan Cook
A team of researchers, most of whom are based at the University of Auckland, are studying how rangatahi Māori and Samoan people experience the justice system, as well the experiences faced by their whānau and communities.
For the critical reflections study, the team held a series of cultural kōrero and talanoa sessions with both individuals and whānau in Auckland, Taranaki, Tairāwhiti, Brisbane, Los Angeles and San Francisco.
The initial Samoan data covered three themes: The importance of culture; cultural bias within the system; and frustration, trauma or shame that may be associated with going through the system.
"The silent responses to shame and stigma associated with talking openly [about being in the justice system] ... didn't just come from whānau, but it also came from youth providers," associate professor Tamasailau Suaalli-Sauni, one of the project's research leads, said.
On the whole, the initial findings suggested there was a lack of cultural awareness within the justice system, which often hindered access to justice and hampered rehabilitation prospects.
As one Samoan aunty told the researchers: "I know it sounds terrible but I sort of wondered, man, it really did feel like it was a business and we were a transaction… Because, I know, they're getting paid, legal aid is getting paid through government funding".
"I don't know how much they're getting, but it's like, it shouldn't mean that we're lesser than if you were being paid, you know, in terms of being hired and being paid privately."
A youth justice professional interviewed by the research team said navigating the justice system as a young Samoan was often frustrating, and there was little support to help understand.
"I just feel like it's really hard for young people to navigate a system that wasn't made for them and a system that doesn't acknowledge actually the hardships that they have to go through within the family, within the Samoan culture - like ethnic group," they said.
The studies involved a range of kaupapa Māori and Samoan conversation methods to try and glean answers from participants. Suaalli-Sauni said there were aspects the team found very interesting.
The project hopes to gain insight into how the experiences of communities are reflected when it comes to developing new policies, interventions and projects in the justice system.
From the Māori data, preliminary findings have shown that the justice system, as it stands, is culturally disconnected; practitioners and providers often feel constrained by system, which they feel holds them back from developing meaningful interventions for rangatahi and their whānau; they also say the wider community is not empowered to help.
'Continued failure within the justice system'
Associate professor Juan Tauri said while research in the area was rare, none of what it was found so far appeared to be new.
"What we have found dovetails with research that goes back to 1985, with Moana Jackson's He Whaipaanga Hou," he said, referring to the late legal scholar's groundbreaking work on Māori in the criminal justice system.
Tauri said the project was helping to uncover further evidence of a "continued failure within the justice system".
The co-option of te reo Māori terms in place of English terms was a notable point within the research, which highlighted cultural disconnection.
"I'm fed up with government organisations that adopt Māori sayings or words… because I know that they don't mean it," one participant told the study.
Tauri said the fact little had changed in 37 years showed a sort of death by incrementalism.
"What we get are these little adjustments - usually just language - but the actual Eurocentric basis of the policy - because so much of it is imported from other, Western, high crime jurisdictions - very much stays in tact," he said.
The Mardsen-funded research project is set to wrap at the end of this year.
The full research team includes Naomi Fuamatu, Associate Professor Tamasailau Suaalii-Sauni, Associate Professor Juan Tauri, Dr Robert Webb, Salevao Manase, Arapera Blank-Penetito, Fete Taito, Mel Jessep, and Talia Wright-Bardohl.
