Childrens Commissioner Judge Becroft is concerned that the outcomes of the proposed Oranga Tamariki (Youth Justice Demerit Points) Bill will be “terrible” for Māori youth and their whānau.
“It will particularly be bad for Māori young people. In my estimate it would mean that 50% or so of Māori currently in the system would end up in the District (adult) Court which would be absolutely terrible.
“It is utterly misconceived. It would set the youth justice system back 30 years. Indeed it will destroy it,” he said.
The proposal would result in young offenders being allocated points based on the severity of each offence, and the number of points an offender had would correlate to a pre-set consequence.
“I describe this bill as a solution in search of a problem. There isn't actually an issue in the system. Yes, we can do better, it can be better resourced and refined.
'Misguided and ill-conceived'
“The real solutions are not in the hands of the Youth Court, and I know that of all people. The real solutions are much earlier wraparound community-based intervention for whānau and young offenders,” he said.
Childrens Commission statistics show there has been a decrease in Māori youth appearing before the Youth Court by 41%. However, the rate is still 8.3 higher than Europeans or other ethnicities.
Judge Becroft said the proposal is fatally flawed. "It's misguided and ill-conceived. It would demolish 30 years of highly trained specialised Police-led community discretion in dealing with young offenders, which has worked."
The commissioner instead suggested sinking resources in to “a good care and protection system”.
“A good education system, good support for those families that are struggling in trauma and violence, that's the solution to the problem,” he said.
The bill is expected to go back before Parliament for its second reading in coming months.