Issue 75, July 2010 - Rethinking Crime and Punishment

RECAP NewsletterRethinking Crime and Punishment is astrategic initiative designed to increasethe level of public debate about the useof prison and alternative forms ofpunishment in New Zealandwww.rethinking.org.nzrethinkingCRIME AND PUNISHMENTIssue 75, July 2010Click here to connect to the Rethinking Crimeand Punishment WebsiteRECAPWEBSITECelebrating Matariki - Stories of Maori Strength, Resilience and Innovation'Crime and Punishment' DVDnow available for sale.Rethinking now has soledistribution rights for the DVD'Crime and Punishment' , whichtakes a look at New Zealand'sincreasing use of prison as aresponse to crime throughinterviews with ex-prisoners;people working with them; andpeople working to keep youngpeople out of the prison system.When the DVD was shown onTV One it triggered a complaintfrom Garth McVicar of theSensible Sentencing Trust to theBroadcasting StandardsAuthority.Read about the documentaryThe documentary is ideal totrigger discussion about currentimprisonment policies. Werecommend if for use byschools, church groups, andcommunity groups concernedabout the increased use ofimprisonment, as a response tocrime.DVD's are available at $30.00each, postage included. Toorder copies:Download an order formMatariki is the Māori name for the smallcluster of stars also known as the Pleiadesor the Seven Sisters, in the Taurusconstellation. In New Zealand it comesinto view low on the north-eastern horizon,appearing in the tail of the Milky Way inthe last days of May or in early June, justbefore dawn. This heralds the Māori NewYear.In Newsletter #75, we celebrate Matarikiby featuring stories of Maori within thecriminal justice system, and the positiveinitiatives that Maori people andorganisations are taking to change theirlives. We explore:the life of a Maori offender and his transformationan emerging Maori movement against family violence and child abuse, andAn innovative response by Principal Youth Court Judge Andrew Becroft andthe Youth Court of New Zealand toward Maori youth offending.…….The ManDuke Kaitapu spent 14 years of his lifeinside the walls of one of the toughestprisons in this country. But it didn't stop himfrom going back there once he wasreleased – this time as a programmefacilitator rather than as a prisoner.While he was in prison, the Mahitahi programme had a big impact on Duke."It was straight talking,” says Duke. "No beating about the bush.”It focused on things he yearned for – recovering the traditional tikanga principles of lifehe was brought up with as a young fella living with his Nan.“I have a lot of respect for our Kaumatuatanga because they let me listen to the stories,to know how to work with people, to take on responsibilities, to know what manarepresents, how to work with one's mana.”Those running the programme saw huge potential in Duke, and approached him to runa programme himself following his release.So within two weeks of completing his sentence, Duke went back into Auckland Prisonin Paremoremo and ran the Mahitahi programme - following some negotiation.Prisoners are generally not allowed back onto a prison site for at least two yearsfollowing release, but the support behind Duke to run the programme won over thethen prison manager.Duke uses his experience to deliver the Mahitahi message to prisoners around the© Copyright The Robson Hanan Trust 2010, All rights reserved

RECAP Newsletter Issue 75, July 2010 Page 2Send $30 per copy toRobson Hanan Trust, P O Box45-152, Lower Hutt 5042.Californian Prison Chaplainon Three StrikesThe Past President of the PrisonChaplain's Association,California, Rev Givens gives usa first-hand look at howCalifornia's three-strikes lawworks, what it means for theprison population, and theimpact that similar legislationcould have in New Zealand.He's been speaking in thiscountry as a guest of the NewZealand Howard League.In the NewsRobson Hanan TrustListen to his Radio NZinterview hereEditorial: Funding cut too toughto stomachSpeech: The Prisoners AndVictims Claims (Expiry AndApplication Dates) AmendmentBill - Hon Tariana TuriaMinister Praises InspirationalWork Of Police Youth Aidcountry. Programme participants have a strong affinity with him because he shares asimilar background and really understands their life stories as well as their prisonexperiences.“I don't blame anyone for my crimes and the dark side of my past life. I takeresponsibility, I own it, I wear it.”Duke conveys the message that people always have a choice about how they live theirlives, and they need to take responsibility for that. They also need to seize opportunitieshanded down along the way.Mahitahi is not the only role Duke had once he was back in the community. He alsoworked in the mental health area as cultural advisor at the Mason Clinic. There were alot of challenges but he was able to make significant progress with the clients he workedwith and gained a lot of respect from the staff.Four years later Duke has returned to return to delivering Mahitahi programmes to thosein prison. He is so passionate about his work that he responds to requests from gangleaders to come and talk 'Mahitahi' to their rangatahi at their 'pad'. He has deliverednumerous presentations over recent years, all for a cup of tea or a petrol voucher.Duke Kaitapu has four children and a wife whom he refers to as his 'backbone', and whoare extremely supportive of his work within prisons and also with those on the outside.Ka pai ki muri,ka pai ki mua.Ka pai Duke.This story is printed with the permission of Jon Royal, National Manager, Maori Services,Department of Corrections. It initially appeared in the newsletter 'Ahurewa' which ispublished by the Maori Services Team of the Rehabilitation and Reintegration Group.'Ahurewa' takes a 'strengths based' approach to unlocking the potential of both offendersand the communities from whence they come. Produced quarterly, it's an uplifting read.To subscribe, email . ahurewa@corrections.govt.nz….the MovementTamariki Ora – A new Beginning a Defining Moment for Maori“Last night's Māori TV programme, 'Tamariki Ora –a New Beginning' was a defining moment forMāori,” says Kim Workman, FamiliesCommissioner, Ngati Kahungunu ki Wairarapa.The programme deals with the issues of Māorifamily violence and child abuse.A defining moment is a 'moment in our lives thatdefines who we are'. The 'Tamariki Ora'programme demonstrated that Māori aredetermined to acknowledge the issues of family violence and abuse. It showed Māorimen acknowledging that the abuse they received as children, turned them into abusersof their own children. It also showed the extent to which whānāu are acknowledging theissues, forging their own solutions, and actively working within their whānāu and thecommunity to encourage positive, loving relationships.Mr Workman recalls, “In my own marae, less than 20 years ago, I was present when agroup of kuia defended a kaumatua who had sexually abused a visiting school child,excusing this as a practise that was culturally acceptable in traditional times. We allknew that was nonsense but no-one had the guts to face the issue head on. Those daysare well and truly gone.”“I wept tears at the programme – but they were tears of joy. From this day on, no-onewill ever be able to say that Māori are failing to take responsibility for their ownbehaviour,” says Mr Workman.Jane Clifton, Dompost Reviewer, made the point nicely;It's not often we get to hear directly from the abused and the abusercombined, yet most often they are one and the same person. And tillseeing these programmes, most of us will have assumed that it's nighimpossibleto break the cycle for those brought up with brutality who go onto practise it.© Copyright The Robson Hanan Trust 2010, All rights reserved

RECAP Newsletter Issue 75, July 2010Page 3Read her full hereFor more information link to www.tamarikiora.comA Note:The Neilsen survey for the Ministry of Agriculture and Forestry (MAF) took place in July - December 2009 and isbased on 1,201 interviews. Respondents rated reducing family violence as the number one issue New Zealandneeds to deal with now and into the future - well ahead of ten other important issuesThe Families Commission has partnered with Ministry of Social Development in the 'It's not OK' campaign. It's partof a wider programme of action being undertaken by the Taskforce of government agencies and NGO's.Over the last 3-4 years the campaign has increased understanding of family violence so that people understandthat violence includes emotional abuse as well as physical violence and that it includes partner abuse, child abuse(both directly and as indirect victims) and abuse of elders.More information on the campaign can be found at www.areyouok.org.nz………The OrganisationYouth Court Initiative – Te Kooti Rangatahi o AotearoaIn the last week of June 2010, three new Youth Court initiatives were launchedin the North Island — Te Kooti Rangatahi ki Orakei at Bastion Point, the PasifikaYouth Court at Mangere, and Te Kooti Rangatahi ki Owae at Waitara. To readmore, link hereWhy this initiative, focused as it is on Maori (and more recently Pacific youth?It is a response to the disproportionate overrepresentation of Maori in thecriminal justice system.About 14% of the general population is Maori: 50% of defendants, victims andprisoners are Maori. So obviously the system has needed to attempt to addressthis issue of the disproportionate over-representation of Maori in the criminaljustice system. There is no quick fix to this problem as it is not a problem thathas come around quickly.In 1988, the Puao-teAta-tu report, produced by John Rangihau highlighted thisissue and made recommendations for addressing that problem. As a result theChildren, Young Persons and Their Families Act 1989 was created, but sincethen the disproportionate overrepresentation of Maori has remainedunchanged. It was time for a new approach.With three Rangatahi Courts now operating in the North Island, and considerable interest being shown in them by the NewZealand youth justice community and amongst Maori, it has been decided that the official collective name of these Courtsshall be Te Kooti Rangatahi/The Rangatahi Court. According to Judge Heemi Taumaunu, the word Rangatahi was chosenfor two main reasons 1. “Rangatahi means youth” and 2. “...rangatahi forms part of the well known proverb Ka pu te ruha,ka hao te rangatahi/The old worn out net is cast aside, and the new net goes fishing”. Each Rangatahi Court will also haveits own name, which will emphasize the relationship between the Court and the Marae where sittings of the Court takeplace.The Poho o Rawiri Rangatahi Court (Gisborne) has now commenced its third year of operation with Judge Taumaunupresiding. The Manurewa Rangatahi Court has been operating since October 2009 in South Auckland. Judge GregoryHikaka is presidingover that court.Principal Youth Court Judge Andrew Becroft says “the new name gives an identity to the process already begun of using theMarae as a venue for the Youth Court to supervise the family group conference plans of young offenders, particularly Maoriyoung offenders”.The Judge says “this name will give a clear identity and coherence to the evolution of this initiative”. “It is not a separatesystem of youth justice for Maori—as the retention of the name Te Kooti Taiohi o Aotearoa for the Youth Court of NewZealand indicates.” “The youth justice process remains the same, but part of it—the monitoring of FGC plans—takes placeon the Marae, and hopefully unlocks the potential of the local marae community to work with the young offender and theirwhanau.”Principal Youth Court Judge Andrew Becroft has always had a concern about Maori youth offending. His 2005 address onthe subject at the NZ Police Management Development Conference addresses the issue of Maori youth over-representationin the criminal justice system. To read the article, link here.© Copyright The Robson Hanan Trust 2010, All rights reserved