Article: MAURI PACIFIC'S JUSTICE POLICY

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19 October 1999 at 12:12:03 Mauri Pacific holds the view that whereas the system of Law and Justice that prevails in New Zealand is predominantly British in origin with some New Zealand adaptations attached, it is desirable that a more appropriate model be pro-actively evolved. This new model will be essentially New Zealand in character with such aspects of the Western or British model as are appropriate. A Unique New Zealand model of Law and Justice IFOGA The practice of "ifoga" in Pacific Island culture will also be recognised by our justice system under Mauri Pacific. Ifoga will be an option for the offender only if the victim and their whanau agree. It will only be an option for offences with penalties of less than two years. The principles of ifoga are similar to marae justice. The victim and his/her whanau confront the offender and his/her whanau. The offender and the whanau take responsibility for the crime, and work to find a point of reconciliation to restore the mana of the victim and their whanau. CYPFA After some 10 years experience of the Children’s, Young Persons and their Families Act, there are clearly aspects of Youth Justice that are not working, particularly in repsect of repeat serious offending. This must be rectified. Mauri Pacific will develop a stronger and more appropriate Youth Justice System to deter young New Zealanders from becoming hardened criminals. COMPENSATION FOR THOSE WRONGLY IMPRISONED Under the current system, compensation for wrongfully imprisoned people is decided on the basis of proof beyond reasonable doubt. This will be abandoned by Mauri Pacific, and the standard of a balance of probabilities applied. The present proposal is an affront to notions of proof of innocence. Policy Points: 1, All New Zealanders must have full and affordable access to justice in all jurisdictions 2, A model of Law and Justice appropriate to and deriving its form from New Zealand will be developed by a group of eminent authorities assembled for the purpose. Aspects of Maori Common Law will be given equal standing to any other form of Common Law presently recognised. 3, Proactive development will be undertaken to implement models of Restorative Justice where all parties concerns are met 4, Proactive development will be undertaken to implement models of Marae Justice where all parties concerns are met 5, Formally recognise the Pacific Island process of ifoga in justice system 6, A more appropriate Youth Justice System will be developed 7, The standard of proof in the case of wrongfully imprisoned persons shall be reduced to "On the balance of probabilities." Mauri Pacific

Copyright 1999 Victoria University of Wellington