A Theoretical Analysis of Iwi Justice Panels. Where Does the Authority for These Panels Come from?

Abstract

This paper addresses the new and innovative Iwi Justice Panels. They are an alternative to the court system based on a marae. They are a long awaited response to the Puao-te-ata-tu or the ‘Daybreak’ report in 1988 which outlined Māori offending. Over 50% of arrests and imprisonments are Māori and these rates have not changed since the report. Therefore, a new response was required and has been a success. However, the policy is not legislated and questions are asked as to whether it should be or not.