When this Government came into power, our prisons were bursting at the seams. There was talk of stretchers in the hallways and contingency plans.
Labour used this catastrophe of incarceration as a mandate to do justice differently.
Correction Minister Kelvin Davis talked about prisons being at breaking point; he vowed Labour would no longer build mega-prisons, and he doubled down on the ambitious goal of reducing the prison population by 30 percent over 15 years.
Justice Minister Andrew Little recorded a Facebook video in front of Parliament saying the system was in “chaos and in crisis”.
He said the country needed to embark on a good public debate about the problems facing the criminal justice system.
“In the end a safer New Zealand, and a better criminal justice system, is good for all of us.”
The past couple of years has seen that discussion play out across the country. Offenders, victims, families and Māori have been involved in hui.
Experts have joined the discussion; the Ministry of Justice has bolstered its policy department and its research capabilities; and the government-appointed advisory group, Te Uepū Hāpai i te Ora has published a collection of reports.
If you’re not someone who is well-acquainted with the system, there’s a lot to digest. The reports are filled with harrowing truths about New Zealanders’ experiences with the system.
But they also include a collection of recommendations for tangible policy, funding and legislative changes that would help transform the justice system into something that creates safer and healthier communities.
The last report – Turuki! Turuki! was accepted by Little at the end of last year. Since then, it’s been near-radio silence.
No major policy announcements; no wholesale adoption of the recommendations born from months of talking, listening, research and shared expertise.
Aotearoa has been here before. Many times. The system hits crisis point; there’s a review; recommendations are made; momentum dies away; reports sit gathering dust.
Those whose lives are inextricably linked to the justice system will be wonder if this time is the same – more talking and tinkering, rather than the transformation this government promised.
Based on conversations with people working in the justice space, and close to government, Newsroom understands this void has largely been created by fear.
Fear from the Labour-led Government that if they talk too loudly about justice policy it’ll spark a law and order election campaign.
A fear that New Zealand isn’t really ready to rise above the fear that’s central to ‘tough on crime’ politicking.
When the Government launched this justice conversation two and a half years ago, I asked those driving the discussion whether the public was ready. Was tough on crime still a vote-winner, or was the mood changing?
They were adamant the public had grown up. They said there was greater faith in the evidence that showed locking people up, and throwing away the key, didn’t work. They said the tide was turning.
But if Labour is still so terrified of a tough on crime vote grab it won’t even talk about justice policy, especially in the lead up to an election where it’s polling at levels that could see it govern alone, that doesn’t bode well for justice system transformation.
“Law reform is also required, which will require a courageous government (not just aspirational).”
Sure, the Government is focused on Covid. When asked why justice policy hasn’t been on the agenda in recent months, Kelvin Davis says in a Covid-19 world they have to prioritise the health and economic responses. “And this is how it should be,” he says.
Of course fighting Covid is a massive commitment, but that doesn’t mean issues like climate change, poverty, mental health and justice are no longer pressing.
New Zealand continues to imprison its people at record rates. The population may have come down from that all-time high of 10,820, but just last week there were 9,292 people locked behind bars; 3,293 were yet to be either convicted or sentenced, and many will have been waiting months for a court date, without any form of rehabilitation.
Covid has seen some prisoners locked in their cells for up to 23 hours a day.
In a post-Covid world, distress and inequality will be exacerbated – victims and those victimised by the system will feel those impacts.
There’s always going to be a reason not to make bold moves to reform the system: a pandemic, a coalition partner that has remarkably different ideas on justice policy…
But politicians can’t wait forever. They will never win everyone over on any issue, and they don’t have to.
If the Government cares as much as it says it does about making the justice system more effective, and less harmful, it needs to get on with it.
As Tania Sawicki Mead, the director of JustSpeak, says: the Government needs to be courageous enough to lead from the front.
It’s time to start doing the work to show they deserve the country’s support to build a better system.
Justice system transformation might sound like a big job, it might sound daunting, and it is. But many people, over many years, have identified the problems and the solutions.
The hard yards have been gained, now the next government – likely one led by Labour – needs to be brave enough to get on and make the changes it knows will make the difference.
“This is not getting ‘soft; on crime but getting ‘real’ on the drivers of crime and prevention.”
In the absence of any action, or serious discussion about transformation, Newsroom has run a series of stories, talking to experts, advocates and those with lived experience, particularly Māori, about what they see as the solutions.
Law Society president Tiana Epati says people want change: “Not one person I speak to is proud or content with our rates of imprisonment, particularly for Māori and Pacific people.”
Recent public surveys suggest preventing reoffending rates is more important than retributive punishment. And community-based options are seen as favourable for lower-end criminal offending.
“This is not getting ‘soft; on crime but getting ‘real’ on the drivers of crime and prevention.”
Te Hunga Rōia Māori o Aotearoa (Māori Law Society) Tumuaki Tāne Glenn Tootill says if we are to truly decolonise the system, Māori need action now.
“This includes being uncompromising and resisting the temptation to tinker at the edges… Law reform is also required, which will require a courageous government (not just aspirational).”
Meanwhile, David Hanna, head of community services organisation Wesley Community Action, says human fear is getting in the way of creating a better system.
But people want a new way of doing things. He points to solutions put forward by justice transformation advocacy groups, and iwi-led initiatives.
Kiwis want to move away from a model based on fear, punishment and control – and towards one that appreciates the power of forgiveness; a system built on prevention and restoration.
This isn’t news to Davis, Little and Jacinda Ardern – they’ve heard people say this repeatedly for almost three years.
But now the talking is done, and the next government needs to fill that void with action before they lose the opportunity.
Over the past three weeks, Newsroom has published a series of articles on justice system transformation. Click here to read the three articles on decolonisation, decarceration, and investment in services.
