Correctional initiatives for Maori in New Zealand - Term paper, research paper & custom essay writing service

Home

Correctional initiatives for Maori in New Zealand

by Mark Byers

The New Zealand government is committed to reducing the inequalities that currently divide its society. (1) Reducing recidivism by Maori, the indigenous people of New Zealand, is a key objective of the New Zealand Department of Corrections and is a direct reflection of its commitment to reduce social inequalities. (2) This article outlines the strategies and programs created by the Department of Corrections to help achieve this goal.

Background

Maori are part of the Polynesian cultures in the South Pacific. They comprise 14.5 percent of the total population of approximately 3.7 million people in New Zealand. Thirty-five percent of Maori are younger than 15, compared to 23 percent of the total New Zealand resident population. (3)

Traditional Maori society is based on kinship groups: hapu iwi and whanau. (See the Glossary on Page 26 for an explanation of these and other Maori terms.) Hapu, iwi and whanau are related through their genealogy to common ancestors and the land. These kinship ties and relationships to tribal lands still are integral to Maori society today.

In 1840, Maori signed the Treaty of Waitangi with the British Crown to enable the peaceful acquisition of land for settlement and to ensure that immigrants could come in peace to live in New Zealand. In return, the Crown was to respect Maori authority over its lands, fisheries, forests and other aspects of Maori culture, and extend British citizenship to Maori people. (4)

Since then, Maori culture has undergone major change as a result of colonization. The negative effects have been a reduced population due to the introduction of new diseases, the confiscation of Maori-owned land, which inhibited the ability of Maori to maintain and develop a strong economic base, and cultural alienation due to discouragement of language and traditional customs. Colonization and the subsequent urbanization of Maori also have contributed to diminishing the role of traditional institutions such as hapu, iwi and whanau, in governing conduct. (5)

Department of Corrections

The Department of Corrections manages custodial and noncustodial sentences imposed by the courts. This includes prison sentences, periodic detention, home detention, and community service and supervision. The department also provides information to the judicia and administers the Parole Board and the District Prisons Board.

There are 17 Public Prisons Service institutions; the Auckland Central Remand Prison, which is managed by Australasian Correctional Management; 15 Community Probation Service area offices and 143 service sites, which include service centers, reporting centers and periodic detention centers; eight Psychological Service offices; 14 special treatment units; and a head office.

Maori and Corrections

Maori are disproportionately represented in the correctional population. They comprise 53 percent of all offenders serving custodial sentences, 48 percent of all offenders serving community-based sentences, 59 percent of all female inmates and 51 percent of all male inmates. (6,7)

There has been little research that adequately explains the causes of this disproportionate offending rate. Moana Jackson, (8) a well-respected and influential lawyer, asserts that Maori offenders should be viewed differently from non-Maori offenders because there are cultural forces and particular influences involved that are unique to being Maori. Jackson refers to the devastating effects of colonization and the bias of systemic responses, such as police bias and judicial sentencing trends, which increase the likelihood of Maori entering the criminal justice system.

Since its separation from the other justice agencies in 1995, the Department of Corrections has been committed to reducing recidivism and sees partnership with Maori as essential in achieving this goal.

Organizational Strategies

To increase organizational capability to become more responsive to the needs of Maori and to support the goal of reducing recidivism by Maori, the Department of Corrections developed a number of strategies, as outlined below:

Treaty of Waitangi Policy Statement and Implementation Plan. The Treaty of Waitangi Policy Statement and Implementation Plan is the core statement of organizational commitment to Maori. The Department of Corrections has turned the concepts embodied in the treaty into three strategic goals:

* The department's programs and services will be effective for Maori, for example, the department contracted Maori service providers to deliver tikanga Maori programs and Maori treatment programs, which address the needs of Maori offenders by using Maori philosophy, values and customs.

* The department will establish and maintain relationships with Maori communities that enable the department and Maori to work in partnership to protect community safety and reduce recidivism. Two examples of this goal are working with iwi on the placement of new prisons and the addition of community probation staff to work with Maori service providers.

* The capability of department staff, services and systems will be developed and maintained so they are responsive to the needs of Maori communities. This goal is being achieved through the department's Responsiveness to Maori strategy and by using the framework for reducing Maori offending.

Responsiveness to Maori Strategy. The Department of Corrections has developed the Responsiveness to Maori Strategy as a human resource initiative that aims to ensure that the department's staffing policies and competencies are responsive to Maori. The major goals of the strategy include:

* The employment, support and development of Maori correctional staff; (9)

* Improving Maori cultural competence of staff and managers;

* Ensuring that management systems, policies and organizational culture respects Maori and Western perspectives; and

* Ensuring the strategy's effective implementation and monitoring throughout corrections.

The strategy includes two focused initiatives: the Maori Language Plan, which strengthens staff's capability to use and understand the reo, and the Maori Communications Strategy to communicate more effectively with Maori.

Framework for Reducing Maori Offending. The Framework for Reducing Maori Offending is an analytical template that ensures that appropriate Maori knowledge, information sources, questions and perspectives are considered during development of initiatives in the Department of Corrections.

The framework sets specific criteria and guidelines for each stage of initiative development against which progress can be measured. These criteria include ongoing consultation with Maori in service development, and consideration of unique or relevant features of Maori culture such as the reo, tikanga and whanaungatanga.

Regional Prisons Policy. The Regional Prisons Policy is based on the principle of locating inmates as close to their whanau as possible, subject to the constraints of prison and sentence management. By having inmates close to their families, the Department of Corrections expects reductions in recidivism because inmates can maintain links with whanau, friends and the community so they are not socially isolated, and upon release, reintegrate back into their own communities.

Maori Service Provider Development Strategy. Feedback from consultation with Maori suggests that the most effective approach in delivering rehabilitation/intervention programs is to create programs based on tikanga Maori delivered by Maori for Maori. (10) To realize this approach, the department developed the Maori Service Provider Development Strategy, which enables the department to work with Maori groups to develop effective rehabilitation and intervention programs for Maori offenders.

Iwi Secondment. The Community Probation Service has initiated an Iwi Secondment model that allows Maori probation staff to be located within the Maori service provider organizations. This arrangement allows the transfer of knowledge and skills from department staff to service provider staff, as well as providing the department with a better understanding of the needs of Maori service providers.

Memorandum of Partnership. As part of the Treaty of Waitangi Policy Statement and Implementation Plan, the Department of Corrections has established a Memorandum of Partnership process to define the relationship arrangements with Maori in managing and delivering correctional services.

Department of Corrections Programs

The Department of Corrections has implemented eight programs, integrated into the assessment and sentence planning and management process, that are specifically designed to address the needs of Maori offenders.

Integrated Offender Management and Maori Cultural-Related Needs. Integrated Offender Management (IOM) is a structured, consistent approach to assess and manage offenders, ensure sentence compliance and achieve successful reintegration.

The theoretical model on which IOM is based is The Psychology of Criminal Conduct by D.A. Andrews and James Bonta. (11) Central features derived from this model are: an actuarial assessment of risk of recidivism; an assessment of criminogenic needs that are causative of offending; and an assessment of responsivity, i.e., motivation and learning style.

Maori were consulted in the development of a tool to measure criminogenic needs. The key outcome of that consultation was assessing Maori offenders against a set of Maori cultural-related needs. This assessment then could determine the interventions that would be most effective for the offender. Maori cultural-related needs seek to identify how factors such as a misunderstanding of culture or cultural alienation may contribute to offending behavior.

Special Cultural Assessments. The special cultural assessment process builds on the Maori cultural-related needs and is intended to allow cultural supervisors, sentence planners or others who are assessing offenders to identify special cultural needs of Maori and develop sentence plans and interventions that enable the department to respond to the needs identified.

Special cultural needs are not defined as criminogenic (i.e., not linked directly to offending), but needs that may be assessed as affecting the offender's behavior, responsivity or motivation to address offending. These cultural needs include mokemoke, oranga hinengaro, oranga tinana, oranga wairua, and whakama.

Cultural Supervision. Conflict and tension sometimes can arise between an offender and the caseworker involved in the assessment and sentence planning process. These incidents can be amplified if they are based on cultural factors that prevent the caseworker from being responsive to the criminogenic and other needs of the offender.

The cultural supervision model is being developed to strengthen the process by having a supervisor oversee the practice of staff to ensure the Maori cultural values and world view of the client are recognized and upheld throughout the process.

Tikanga Maori Programs. Tikanga Maori programs are a result of the research and consultation the department undertook with Maori communities and groups. The programs are delivered by community-based Maori provider groups.

Tikanga Maori programs use Maori philosophy, values, knowledge and practices to change the thinking and behavior of Maori offenders. They also educate offenders about traditional Maori society and concepts such as the role of marae and whanau involvement in personal growth, recognizing the value of cultural processes and resources such as haka, karakia and waiata. When possible, offenders are placed in a Maori community. Kaumatua and kuia are integral to program delivery, providing practical and cultural support to tutors. Wananga for whanau of inmates also is offered, providing an opportunity for whanau involvement in sentence management.

There are three Tikanga Maori programs. The New Life Akoranga Program has two components: preventive and rehabilitative activities with whanau in the home and on marae; and intensive wananga periods for inmates in a temporary meeting house in the prison. The program seeks to change criminal behavior through a systematic approach that is embedded in a Maori world view.

The Mau Rakau wananga develops the participants' understanding of traditional Maori values and spiritual concepts. Participants develop skills and an understanding that help them concentrate on issues related to their offending. Program components include traditional martial arts disciplines, physical exercises, performing arts, speech-making and learning the traditional Maori challenge. The wananga operate on the principle of whanaungatanga and build on the philosophy that traditional values, customs and practices related to the structure and processes of whanau can be used as a means to achieve individual change.

The Te Wairua O Ng Tangata program is marae-based with a taiaha component. It is administered by the Community Probation Service and is delivered in the community in partnership with local iwi and pan tribal organizations.

Maori Therapeutic Programs. Maori therapeutic programs, developed as a follow-on from the Tikanga Maori programs, are being trialed in the four Maori focus units and are delivered by external Maori providers chosen for their expertise. The distinguishing feature of Maori therapeutic programs is that instead of delivering generic benefits of tikanga Maori, they focus on specific behaviors related to the offender's criminal behavior and address it in a Maori environment using traditional beliefs and customs alongside "Western" methods of identifying and addressing offending-related needs.

The programs cover three different offending-related needs: violence, substance abuse and relationship issues. The programs seek to help participants identify the types of attitudes and behaviors that contribute to their offending and understand the effect those behaviors have on their victims, their families and themselves.

Aside from dealing with the specific offending behavior, programs can cover cultural topics, such as the role of whanau, taha wairua, whakapapa, Maori language and effects of colonization, and relate what has been learned to the offenders' personal experiences. Feedback from inmates about the tikanga Maori aspects of the programs has been positive. Many have commented on the programs' ability to make them recognize the effect their offending has on others, accept responsibility for their actions and work toward addressing their offending behaviors.

Bicultural Therapy Model. The Bicultural Therapy Model was developed by the Department of Corrections' Psychological Services. The department found that few Maori offenders were seeking help from psychologists. Many had previously undergone negative experiences with psychologists and, although the department's psychologists were well-trained in Western methods, there was a gap in their knowledge of Maori values and customs.

The Bicultural Therapy Model provides an opportunity for Maori offenders to choose a Western psychologist, a Maori provider/healer or a combination. Departmental psychologists undertake cultural training to enable them to work in a more holistic way with Maori offenders. When Maori offenders may require the skills and expertise of Maori providers/healers to deal with culturally specific issues, those Maori providers/healers are made available.

The Bicultural Therapy Model was piloted during 1996 and 1997 and implemented nationally in 1999. It is available to inmates and community-based offenders, It is particularly successful in the regions where the Department of Corrections has formed strong relationships with local Maori communities.

Maori Focus Units. Maori focus units are specialized prison units that use Maori language and culture as a medium to create a change in the understanding, attitude and behavior of Maori offenders. Four units operate in four New Zealand male prisons. The first unit was opened in 1997 and was developed in consultation with Maori communities.

Some inmates have commented on how their time in the units gave them a sense of identity and pride they had not had, encouraged greater participation in activities, created respect for others, resulted in closer relationships with Whanau -- particularly marital partners -- and prompted acknowledgement by inmates of their offending.

Whanau days are held at the Maori focus units to preserve important cultural and familial ties that are under stress during incarceration and to provide an opportunity for inmates to show their families what they have learned during their time in the units. To help inmates create stronger links with whanau and enhance the chances of successful reintegration following release from prison, a whanau liaison worker has been established in each unit.

Whanau involvement Plan. The concept of whanau is central to the cultural framework employed in the Maori focus units. The Department of Corrections is working on a Whanau involvement plan that will coordinate family involvement in Maori offenders' sentences. This plan includes the position of the whanau liaison worker, whose duties will include supporting offenders' rehabilitation and providing a link between offenders, their whanau and iwi.

Conclusion

The Department of Corrections is committed to ensuring that the practices, policies and programs it delivers are responsive to Maori to reduce recidivism by Maori To achieve these goals successfully, the department recognizes the need for partnership with Maori at all levels of the organization. The department has implemented organizational capability and intervention strategies, based on Maori cultural beliefs, to address the needs of offenders who are Maori.

In 2000, when consulting with Maori on the department's responsiveness to Maori there was a distinctive theme that emerged from many hui: Kotahi ano te kaupapa; ko te oranga o te iwi (There is only one purpose to your work; it is the wellness and well-being of the people). The Department of Corrections has accepted this challenge to work toward the wellness and well-being of the community through reducing recidivism and it faces this task with determination. Many of the departmental publications included in this article can be found and/or requested through its Web site: www.corrections.govt.nz.

Mark Byers is chief executive of the Department of Corrections in Wellington, New Zealand.

ENDNOTES

(1.) Department of the Prime Minister and Cabinet. 2001, May. Key government goals to guide public sector policy and performance. Online: www.dpmc.govt.nz/publications/key_goals.html, Oct. 25.

(2.) Department of Corrections. 2001. Annual report 1 July 2000 to 30 June 2001. Wellington, N.Z.: Department of Corrections.

(3.) Department of Statistics. 1997. 1996 Census. Wellington, N.Z.: Department of Statistics.

(4.) Royal Commission on Social Policy. 1988. The April report: Future directions, vol. 3, part 1. Wellington, N.Z.: Royal Commission on Social Policy.

(5.) Walker, Ranginui. 1990. Ka whawhai tonu matou: Struggle without end. Auckland, N.Z.: Penguin.

(6.) Spier, Philip. 2000. Conviction and sentencing in New Zealand. Wellington, N.Z.: Ministry of Justice.

(7.) Rich, Michael. 2000. Census of prison inmates, 1999. Wellington, N.Z.: Department of Corrections.

(8.) Jackson, Moana. 1988. The Maori and the criminal justice system -- He whaipaanga hou: A new perspective, part 2. Wellington, N.Z.: Department of justice.

(9.) Human resource information from the Department of Corrections' Annual Report (2001) states that Maori staff constitute 20 percent of the total staff. The percentage of Maori staff by service is: 17 percent of the Community Probation Service, 22 percent in Public Prisons Service, 7 percent in Psychological Service and 10 percent in Head Office groups.

(10.) Department of Corrections. 2001. Let Mori take the journey: Na tau rourou, na taku rourou ka ora ai te iwi. Internal document. Wellington, N.Z.: Department of Corrections.

(11.) Andrews, D.A. and James Bonta. 1994. The psychology of criminal conduct. Cincinnati: Anderson Publishing.

Our benefits

Free extras

Main Menu

Service features