Re-forming Justice: The Potential of Maori Processes

Abstract

There have been a number of calls for the implementation of a separate Maori justice system. This paper examines these calls and the practicalities of moving in this direction by drawing from two pieces of research: first, an exploratory study of the views of more than 50 Maori elders on how Maori communities dealt with offenders in the recent past and how Maori justice practices might work in the modern context; and, second, an examination of the philosophy and practice of family group conferences. The paper concludes that Maori justice processes have the potential not only to provide solutions to the over-representation of Maori in the criminal justice system, but also to re-form conventional justice systems. It advocates a reconciliation of Maori and Pakeha justice systems.