Te Rau o te Tika: the Justice System Inquiry

Te Rau o te Tika: the Justice System Inquiry (Wai 3060) is a kaupapa inquiry that will hear all claims concerning grievances relating to the justice system and the administration of justice. For information about what funding is available for those who wish to participate, see the Ministry of Justice website(external link).

Panel members

The Wai 3060 panel consists of:

Inquiry progress

In April 2022 Judge Wainwright confirmed the inquiry would proceed on a staged and thematic basis.

1. Whakatika ki Runga

Whakatika ki Runga, a mini-inquiry into Crown funding of claimant participation in Waitangi Tribunal processes (including legal aid), was the first inquiry stage and is now complete. In May 2022 Judge Wainwright confirmed the questions to be addressed in Whakatika ki Runga (see Wai 3060, #2.5.9(a) for the list of questions).

The following three hearings for Whakatika Ki Runga were held between July and October 2022:

  • Hearing one, from 18 to 22 July 2022, at Pātaka Art + Museum, Porirua (claimant opening submissions and claimant evidence)
  • Hearing two, from 12 to 16 September 2022, at the Waitangi Tribunal offices, Wellington (primarily Crown opening submissions and evidence)
  • Hearing three, from 3 to 7 October 2022, at the Waitangi Tribunal offices, Wellington (remaining evidence, and Crown and claimant closing submissions)

In February 2023 the Tribunal released its Report on Whakatika ki Runga, a Mini-Inquiry Commencing Te Rau o te Tika: The Justice System Inquiry which can be found here(external link).

In August 2023 the Crown filed a memorandum outlining the steps it had taken thus far in response to the Tribunal’s recommendations (see Wai 3060, #3.2.230, Wai 3060, #3.2.230(a) & Wai 3060, #3.2.230(b) for this memorandum and its appendices).

2. Te Tūāpapa o Te Tika

The second stage of the inquiry is Te Tūāpapa o Te Tika and is nearing completion. Te Tūāpapa o Te Tika is an inquiry to:

  • Inform and extend the Tribunal’s understandings of the foundation principles of tikanga and justice which will be applied later in the inquiry; and
  • Help the Tribunal understand how best to run an inquiry in a way that conforms with tikanga.

In December 2022 the Tribunal commissioned four pou tikanga (experts in tikanga) to assist in the inquiry (see Wai 3060, #2.3.1 for the memorandum-directions commissioning the pou).

In mid-2023 the panel and the pou ran four wānanga to hear from the Māori community on the above matters. The wānanga were held at the following locations around the motu:

  • Te Mānuka Tūtahi Marae, in Whakatāne, on 6 May 2023
  • Ōtiria Marae, in Moerewa, on 13 May 2023
  • Raukawa Marae, in Ōtaki, on 17 June 2023
  • Papakura Marae, in Tamaki Makaurau, on 24 June 2023

The panel and pou tikanga are now producing a guideline/report/pukapuka that will address:

  • Tikanga Māori relating to justice: That is, what would a tikanga-compliant justice system look like? What are its essential features? Practically, what should be the goals of a tikanga-based justice system in 2023 and beyond?
  • Tikanga Māori relating to procedure: That is, what are the values/principles that the Tribunal should observe in designing the substantive inquiry? Consistent with the rules of natural justice, how can the Tribunal conduct the inquiry in a manner that is also tikanga compliant?

The guideline/report/pukapuka for Te Tūāpapa o Te Tika is currently being finalised.

3. Te Tāhū o te Rau

The third and final stage of the inquiry is Te Tāhū o te Rau. This is an inquiry into claims concerning the criminal and civil justice system. The Tribunal has said it will inquire into the following heke or themes in the following order:

  • Claims concerning the police
  • Claims concerning the operation of the criminal courts
  • Claims concerning prisons (including remand) and non-custodial sentencing
  • Claims concerning civil litigation in the District Court and the senior courts
  • Claims concerning the Family Court
  • Claims concerning the Environment Court
  • Claims concerning the Māori Land Court

Te Tāhū o te Rau is still in the early stages of inquiry planning. The main public events are not expected to begin before 2024.

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