This report presents a series of actionable steps to improve the criminal justice system for whānau experiencing mental distress and/or addiction while in criminal justice environments across Aotearoa. These steps were developed from a multi-year project that focused on finding effective solutions for Māori, guided by Māori perspectives. Our research is based on acknowledging the rights reaffirmed in Te Titiri o Waitangi for Māori, and our approach was guided by tikanga. Our research, “He Ture Kia Tika – Let the Law Be Right”, is underpinned by and prioritises those rights.

Our five-year, four-stage project involved working with whānau and hapori to co-create pūrākau, stories that offer insights into lived experiences of recovery journeys; we also drew on data from whānau moving through the court system, and we connected our findings with a comprehensive literature review of recovery, whānau ora, and the cessation of offending.

Two truths became apparent throughout the stories: many of the whānau in this project had experienced
trauma; and the justice system needs to adopt a trauma-informed approach. Trauma can affect a person’s neurological, biological, psychological, spiritual, social, and cultural wellbeing. Thus, to reduce the risk of causing further harm, anyone working with whānau in the criminal justice system must have the tools to understand the impact of trauma.
A trauma-informed approach focuses on acknowledging what has happened to someone rather than trying to identify what is wrong with them. For Māori, a trauma-informed approach considers the importance of the wider community including whānau, hapū, iwi, and hapori. It also acknowledges intergenerational and historical trauma and incorporates a te ao Māori worldview and Māori healing concepts and practices
(Abuse in State Care & Royal Commission of Inquiry, 2023).

Trauma-informed care involves nurturing individuals so they can thrive. It prioritises treating people with kindness, humanity, compassion, dignity, respect, and generosity while upholding their mana. The relationship between whānau and those supporting them is critical for whānau healing. These relationships can foster safety, security, hope, and trust. Trauma-informed care also respects the autonomy of whānau. It creates opportunities for them to feel empowered to make their own decisions about their lives and livelihoods (Abuse in State Care & Royal Commission of Inquiry, 2023). (Executive summary). Record #8563