Solicitor-General Una Jagose KC has withdrawn newly released prosecution guidelines, which aimed to address the “disproportionate impact of the criminal justice system on Māori”, following significant public criticism.
The guidelines encouraged judges and lawyers to consider how their decisions might contribute to the overrepresentation of Māori as both victims and defendants.
However, after observing public confusion and concern, Jagose acknowledged the guidelines “missed the mark” and vowed to revise them for clarity.
The updated version is expected to be republished in time to take effect on January 1, 2025.
The guidelines faced opposition from lobby group Hobson’s Pledge, which argued they created an unequal legal system by factoring ethnicity into prosecution decisions.
However, legal experts, such as Wellington-based barrister Julia Spelman, told state media that the guidelines were simply “best practice” recommendations and not binding on prosecutors.
Spelman emphasised that they are meant to guide a wide range of prosecutors and are not enforceable rules, aiming to improve fairness without introducing a “separatist system.”
Image credit: Tingey Injury Law Firm
I think the corporate states “best practice” agenda since 1975 is the “separatist” state model.