Overcoming Cultural and Socio-Economic Barriers to Access to Justice for Maori Women: 10 Years of Taking Limited Notice of the 'Justice: The Experiences of Maori Women' Report (1999)

Abstract

The New Zealand Law Commission prepared a report in 1999 entitled “Justice: The Experiences of Maori Women” which identifies three barriers to indigenous Maori women failing to access justice; cultural disregard, socio-economic disadvantage and inefficient government services. This paper has analysed the progress made by the primary state entity tasked by Crown with ensuring high rates of access to justice, the Legal Services Authority and concludes that not only has the State body not considered Maori women in their policy objectives but they continue not to fully explore the potential for integration of Treaty of Waitangi principles in providing access to justice services for Maori women. This paper also gives paths for ways forward using Treaty principles to overcome the barriers to accessing justice. By suggesting reforms to the Court system by way of Community Courts or through a specialisation of the Community Law Centres by way of Community Women’s Law Centres, which can have a specific focus on Maori women. The paper shows that although the Access to Justice movement worldwide shows commonalities with New Zealand’s own movement it has not followed the trends and has developed as the need for reform has arisen. Unfortunately those who are forging that path forward have failed to take into consideration the large amount of work undertaken by the Law Commission into reporting on the experiences of Maori women and the barriers that they face. The solutions set out in this paper that the Legal Services Authority could follow, aiming to overcome the barriers of cultural disregard, socio-economic disadvantage and government services inefficiencies using treaty principles, that through partnership, giving options and participation Maori women can have better access to justice.