Series Overview: State of Justice in Aotearoa

This two-part Radio Waatea news series examines the current state of New Zealand’s criminal justice system and the disproportionate impact it continues to have on Māori.

Across the motu, Māori are more likely to be stopped by police, charged, denied bail, placed on remand and sentenced to prison than any other group. While these realities are often reduced to statistics, this series looks behind the numbers  –  at how the system operates, who it harms, and why meaningful reform has not yet been achieved.

Part One focuses on Māori over-representation in the criminal justice system. Drawing on kaupapa Māori research and investigative reporting, it explores how bias at every stage – from policing to sentencing – creates a pipeline that funnels Māori into prisons. It also exposes gaps in prison data, a lack of culturally appropriate support, and the failure to design justice responses that reflect tikanga Māori or Te Tiriti o Waitangi obligations.

Part Two turns to the growing crisis of remand – where thousands of people, many of them Māori, are imprisoned for long periods while still legally innocent. It investigates how court delays and strict bail laws are punishing people before guilt is proven, often costing them their jobs, homes, income, relationships and mental health. The series highlights cases where people spent years on remand only to be found not guilty, raising serious questions about fairness and accountability.

Why Māori Should Be Paying Attention

Māori are not over-represented in the justice system by accident – they are over-policed, over-charged and over-imprisoned by a system that was never designed for Māori wellbeing.

• The impacts extend far beyond prisons:
• Whānau lose parents, income and stability
• Tamariki grow up without caregivers
• Communities carry intergenerational trauma
• Iwi shoulder social and economic costs

Remand and imprisonment weaken whakapapa connections, disrupt whānau structures, and undermine rangatiratanga. When Māori are disproportionately trapped in the justice system, the consequences ripple across housing, health, education and employment  –  all key determinants of wellbeing.

This series matters because justice reform is not just a legal issue  –  it is a Māori rights issue, a whānau issue, and a Te Tiriti issue.

By understanding how the system works  –  and where it fails  –  Māori communities are better equipped to challenge harmful narratives, advocate for kaupapa Māori solutions, and demand a justice system that restores mana rather than destroys it.

State of Justice in Aotearoa: A System Under Strain

Part One: Why Māori Are Still Over-Represented

Māori continue to be dramatically over-represented in New Zealand’s criminal justice system  –  a reality many Māori leaders and researchers say is not the result of higher offending, but of systemic bias built into the justice system itself.

Despite making up around 17 percent of the population, Māori account for over half of the prison population, and nearly two-thirds of those on remand. Studies show Māori are more likely to be arrested, charged, denied bail, and imprisoned  –  even when facing similar offences as non-Māori.

Research examining New Zealand’s justice system highlights how policing practices, charging decisions, bail laws and sentencing disproportionately impact Māori. These compounding decisions create a pipeline that funnels Māori into prisons at every stage  –  from first contact with police to time behind bars.

A recent kaupapa Māori study has also exposed major gaps in how the system collects and uses data about Māori in prison. Researchers found limited understanding of Māori needs, poor tracking of wellbeing outcomes, and a lack of culturally appropriate support  –  both during imprisonment and after release.

The study warns that without accurate data and Māori-led solutions, the justice system cannot address the harm it continues to cause whānau, hapū and iwi.

Advocates argue that the problem is not Māori  –  but a justice system still rooted in colonial frameworks, punishment over rehabilitation, and policies that ignore tikanga Māori and Te Tiriti o Waitangi obligations.

For many Māori families, the impact is intergenerational  –  affecting employment, housing stability, health, and the ability to remain connected to whānau and whenua.

And while incarceration numbers tell one story, another crisis is unfolding quietly inside the system  –  for those still waiting for justice.