Abstract
Maori are over represented in all stages of the criminal justice system, including parole. The primary purpose of the New Zealand Parole Board is to assess whether an offender poses an undue risk to the safety of the community. There is no reference within the Parole Act to take into consideration the Treaty of Waitangi, 1 1 Treaty of Waitangi was an agreement signed between the New Zealand Crown and Maori, indigenous peoples of New Zealand, in 1840 that guaranteed certain rights to Maori. See point 5 and 5.1 for full discussion. nor is there any clear direction on how the decision maker must to take into account the principles of the Treaty of Waitangi. It is clear however that the New Zealand Parole Board must adequately accommodate for Maori cultural concepts, values and practices within its general process, including hearings. In analysing comparative jurisdictions and models this paper recommends an Indigenous Re entry Court as a suitable vehicle to address the disproportionate statistics.
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