A landmark Waitangi Tribunal hearing next week will examine the disproportionate impact of custodial remand on Māori, with growing concerns that wāhine Māori and their whānau are paying an extraordinary price for a justice system that continues to imprison people before their cases have been determined.
Awatea Mita (Ngāti Porou, Ngāti Pikiao), Director of the National Youth and Justice Coalition and a claimant in the Tribunal’s custodial remand inquiry, joins Radio Waatea ahead of the priority hearing scheduled for October 27–29 in Wellington.
The hearing forms part of Te Rau o te Tika: the Justice System Inquiry (Wai 3060) and will examine issues surrounding the treatment of Māori within the criminal justice system, particularly the use and consequences of custodial remand.
For Māori justice advocates, the inquiry represents an important opportunity to scrutinise the policies, practices and Crown responsibilities contributing to longstanding disparities.
Two-Thirds of Women on Remand Are Māori
The scale of the disparity is particularly stark for wāhine Māori.
Ministry of Justice data previously examined by Radio Waatea shows that Māori women account for approximately:
- 44% of women proceeded against by Police.
- 49% of women entering the court system.
- 66% of women remanded in custody.
- 71% of women sentenced to imprisonment.
The figures reveal how Māori women’s overrepresentation intensifies at successive stages of the criminal justice process.
For Mita, who has consistently advocated for reform of the justice system, these disparities raise fundamental questions about fairness, institutional decision-making and whether existing policies adequately protect Māori rights.
Custodial remand involves holding a person in prison while they await trial, sentencing or another stage of criminal proceedings.
Importantly, people awaiting trial on remand have not been convicted of the charges they face.
The use of remand is intended to address matters such as public safety, the risk of further offending and the possibility that a defendant may fail to appear in court.
However, advocates argue that the growing reliance on imprisonment before trial can have devastating consequences, particularly for people facing poverty, housing insecurity and limited access to legal or community support.
The Hidden Cost to Wāhine and Whānau
For wāhine Māori, time spent on remand can have consequences extending well beyond the prison gates.
Women may be separated from their tamariki, lose employment, experience housing instability and face disruption to essential family relationships.
For those who are primary caregivers, even a relatively short period in custody can create significant difficulties for children and wider whānau.
The consequences can include changes to caregiving arrangements, financial hardship and difficulties re-establishing stable living conditions following release.
Advocates have also highlighted the relationship between women’s experiences of family violence, trauma, mental distress and their subsequent involvement in the justice system.
These issues raise questions about whether imprisonment is always the most appropriate response and whether greater investment in community-based support could achieve better outcomes while maintaining public safety.
For Māori communities, the impact is also intergenerational, affecting whakapapa connections, whānau wellbeing and the ability of tamariki to remain connected to their parents and wider support networks.
Women’s Prison Population Forecast to Surge 63%
The hearing comes against the backdrop of forecasts predicting a substantial increase in the number of women imprisoned in Aotearoa.
Ministry of Justice projections reported by Radio Waatea in June indicate that the female prison population could rise by 63% over the next decade, from approximately 800 women to more than 1,300 by 2035.
That projected increase is considerably higher than the forecast 36% growth in the overall prison population.
The total number of people imprisoned in New Zealand could exceed 14,000 within the same period.
The forecasts have intensified concerns about the future capacity of women’s prisons, the availability of rehabilitation programmes and the resources needed to support women with complex health, social and caregiving needs.
For wāhine Māori, who are already significantly overrepresented in custody, the projections raise further questions about whether current justice policies risk deepening existing inequalities.
Is Custodial Remand Punishing People Before Conviction?
A central issue in the wider debate is the balance between protecting public safety and preserving the rights of people who have not been convicted.
Decisions about bail and custodial remand are made within a legal framework intended to assess risks and ensure defendants appear before the courts.
However, Māori justice advocates have questioned whether those decisions operate equitably in practice.
Factors such as unstable housing, limited financial resources, difficulties meeting bail conditions and a lack of suitable approved accommodation can influence whether a person is able to remain in the community.
The result can be that people facing significant socioeconomic disadvantage experience additional barriers to securing bail.
For Māori women, these challenges can intersect with caregiving responsibilities and the availability of culturally appropriate support.
The inquiry provides an opportunity to examine how these issues interact with Crown policies and obligations under Te Tiriti o Waitangi.
Te Tiriti and the Crown’s Justice Responsibilities
The Waitangi Tribunal’s consideration of custodial remand also raises broader questions about tino rangatiratanga, equity and the Crown’s responsibilities towards Māori.
Claimants have an opportunity to present evidence and arguments about whether the operation of the justice system is consistent with Treaty obligations.
The inquiry may consider the effects of Crown policies on Māori communities and the extent to which existing approaches address longstanding disparities.
For Māori advocates, meaningful reform would require attention not only to decisions made inside courtrooms but also to the circumstances that bring people into contact with the justice system.
These include access to stable housing, mental health and addiction services, family violence prevention, legal representation and kaupapa Māori support programmes.
The hearing itself will not determine the outcome of every individual remand decision. Rather, it provides a forum for examining systemic issues and the Crown’s responsibilities.
Could Kaupapa Māori Alternatives Provide a Better Path?
Justice reform advocates have repeatedly called for greater investment in prevention, rehabilitation and community-based alternatives to imprisonment where public safety can be appropriately maintained.
Potential approaches include stronger bail support services, culturally grounded residential options, improved access to legal assistance and greater involvement of iwi and Māori organisations.
For wāhine Māori, programmes that recognise trauma, caregiving responsibilities and whānau relationships may be particularly important.
Supporters of these approaches argue that reducing unnecessary imprisonment could improve long-term outcomes while helping address the factors associated with repeated contact with the justice system.
The challenge is ensuring that alternatives are adequately funded, accessible throughout the country and supported by robust public safety measures.
A Critical Hearing Ahead of the Election
With the general election scheduled for November 7, the Waitangi Tribunal hearing comes at a politically significant time.
Law and order, prison capacity, bail settings and public safety remain prominent issues in the election campaign.
Political parties have offered differing approaches to sentencing, rehabilitation, crime prevention and the use of imprisonment.
For Mita and other Māori justice advocates, the challenge is ensuring that debates about crime and punishment also recognise the consequences of custodial remand for people who have not been convicted.
The priority hearing will place those concerns before the Tribunal as it examines evidence and submissions relating to the justice system.
At the heart of the inquiry is a fundamental question: why are Māori, particularly wāhine Māori, so disproportionately represented among those held in prison before their cases are resolved, and what must change to ensure a fairer justice system?
As Awatea Mita joins Radio Waatea ahead of next week’s hearing, the focus turns to the human cost of custodial remand, the Crown’s obligations under Te Tiriti and the future of justice for Māori whānau.
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