25 May 2021

Te Ao Marama: A new way of seeking justice

From Lately, 10:35 pm on 25 May 2021

Gisborne District Court is to be the second in the country to implement a new, more inclusive way of operating. It's called Te Ao Marama, which means 'the world of light'.   

When he announced the new model last year, chief District Court Judge Heemi Taumaunu described it as creating a court where everyone regardless of means, abilities, culture or race, could seek justice. 

Hamilton District Court was the first to be announced to be part of the programme, with Gisborne just added to the list.   

President of the law society, Tiana Epati is from Gisborne. She says it’s an exciting new model of justice delivery. 

“For the last 13 years, we’ve been trialing different styles of court. The closest model [to Te Ao Marama] actually started in Gisborne as well, that was the marae based Rangatahi court. It was where we had young people, they didn’t have to be Māori, who could opt to go to the marae and essentially court was conducted there.  

“What we learnt from that style of court was that not only did young people feel like they’d been heard, seen, understood, and were able to engage with what was going on, but it actually reduced rates of recidivism.” 

Previously lawyers had said these young people were entering a maze with no exit and no end, Epati says. 

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Photo: Supplied

There are now 17 Rangatahi courts around the country and other different specialist courts, like a drug and alcohol court, have been trialed. 

“What Te Ao Marama does is it enters the mainstream, taking the best practice from all of these different types of trials that have been conducted around the country for the last 13 years.” 

Best practice looks less formal, Epati says. Among other things it’s using plain English, toning down the general formality of the court - which was inherited from the British system - increasing community involvement and problem-solving.  

“What we learnt from Rangatahi court was when we bring the reo and tikanga into the courtroom it makes it more relevant to the communities that we’re serving.” 

The layout of the court will also look different, with each court adapting as needed. One example is the judge coming down to sit on the same level as everyone else, Epati says. 

And instead of the youth standing in a dock, everyone sits in a circle and talk in a group, she says. 

“That gives the person dignity, and they feel like they are a proper participant in what is happening.” 

Obviously, it won’t work for every type of case but it’s an example, she says. 

“The idea is that everyone, whether they’re charged with a crime, whether they’re the victim of a crime, whether they’re whānau support, witnesses - that they all feel like they are being seen, heard, can engage. That this isn’t just some foreign process happening to them.” 

Every court appearance needs to be meaningful, she says.