This report examined contemporary justice issues for wāhine Māori between 1990 and 2020, with some additional material up to 2023. Criminal justice issues constituted a major area of concern which was raised by claimants in the WAI2700 inquiry.

The report examined whether and how Crown policies, practices, and legislation relevant to the justice sector between 1990 and 2020 sought to address the issues raised, and the effectiveness of these Crown initiatives, particularly in terms of cultural competence and responsiveness. The
purpose was to address evidence gaps and provide useful context for understanding claimant evidence and lived experience, to support the Tribunal’s process of inquiry. [2]

Key Crown policies and historical developments relevant to contemporary justice issues for wāhine Māori from 1950 to 1990 was outlined in Douglas and Greaves [3] which provided background information for this report, and in some instances, we have extended the narrative from that into the contemporary time period. [4] There is also some overlap with material covered by other research reports commissioned by the Waitangi Tribunal for the Mana Wāhine WAI2700 inquiry, and these have been referred to as appropriate if they were available at the time of writing.

Research issues:
The research issues provided by the Waitangi Tribunal in its commissioning direction were:
This report should address the following research issues, in relation to the 1990 to 2020 time period:
a) How and to what extent did Crown policies, practices, and legislation attempt to prevent, monitor, and respond to the increasing and disproportionally high rates of wāhine Māori
incarceration and reoffending? How and to what extent were these Crown actions effective in preventing increasing disparities and inequities in justice for wāhine Māori?
b) How did the Crown coordinate adequate and culturally responsive support for wāhine Māori
to address increasing and disproportionally high rates of incarceration and reoffending? And
what was the effectiveness of that support?
c) How and to what extent did Crown policies, practices, and legislation seek to prevent,
monitor, and respond to the increasing and disproportionally high rates of wāhine Māori experiencing sexual, family, or other forms of violence? How and to what extent were these
Crown actions effective in preventing increasing disparities and inequities in justice for wāhine Māori?
d) How and to what extent did the Crown coordinate adequate and culturally responsive support for wāhine Māori affected by sexual, family, or other forms of violence? And what
was the effectiveness of that support?
e) How and to what extent did the Crown engage with wāhine Māori and wāhine Māori organisations, including but not limited to Women’s Refuge and Te Rōpū Wāhine Māori Toko
i te Ora – The Māori Women’s Welfare League, regarding adequate and culturally responsive prevention and support strategies for wāhine Māori needs and preferences within the
justice system?
f) How and to what extent did the Crown monitor and respond to the needs and experiences of whakawāhine and takatāpui within the justice system, and the violence and sexual
assaults they experienced in prison? [5].


(From the report). Record #9022