Turei Metiria: Courts (Remote Participation) Bill — In Committee 
Turei Metiria: Courts (Remote Participation) Bill — In Committee 
[Volume:664;Page:12358] 
METIRIA TUREI (Co-Leader—Green) 
: 
 I am primarily concerned about the impact of this legislation on Maori and I am sure the issues have been raised to some extent already. We know that in this country there is a bias against Maori in the legal system. We can see that in the research: the research shows that that is the case. It is at all levels even in the Youth Court. A Youth Court judge has said that young Maori men who appeared before the court tended to receive a harsher penalty than Pakeha who appeared in the court for the same crime. That fact was recognised by the judge and we see that in the research on this issue. 
So knowing that Maori will suffer from real discrimination by the police and through the court system despite efforts to reduce it we need to consider what the impact of this legislation will be on that level of discrimination. Will it increase it or will it reduce it? It seems pretty clear to me and to others in the Chamber that the level of discrimination and prejudice against Maori in the legal system will be increased if they are not entitled to attend their own criminal trials. 
We know that Maori are more likely to be stopped by the police searched by the police arrested by the police and convicted of a crime. Research shows that the police tend to lay more charges against Maori to ensure that at least one of the charges will stick. Maori are more likely to be convicted in the courts and more likely to be imprisoned for the offence they have been convicted of. This is a serious injustice against a section of our community and that cannot be justified. 
This injustice is borne by that community and it is borne by the whanau. They have to bear the excessive and unjustifiable levels of imprisonment and the financial deprivation. The whanau and the children of that whanau have to bear that financial deprivation. There are ongoing social and health issues. Prisoners who get out of prison and try to change their lives face difficulties when trying to gain useful employment or housing for example. All those things are affected by imprisonment and by the unjustifiable discrimination of the legal system in that imprisonment. 
This proposed law will exacerbate that discrimination and the costs that are borne by the whanau. It means that the accused will not have an absolute right to attend his or her criminal trial. Let us be aware that the enforcement of criminal law is the strongest action the State can take against its citizens. It has to be exercised with the greatest possible care and the highest regard for justice. The highest level of protection of natural justice is of critical importance if citizens are to have faith in the legal system. 
By further separating the individual from the trial process the chances of discrimination against the individual are increased. It is much easier to separate oneself from the reality of a person’s life and from the process if that person is not present and cannot look one in the eye. If a person is not present in court then one cannot hear see smell and feel the content of the evidence the person gives to the court. It is much easier to ignore the humanness of a person if he or she is not present with us. We know that that is the case. That is why we are all here for example. We do not operate in this Parliament by audiovisual technology because we know it makes a difference to be present and being present for the purpose of removing discrimination is even more important. 
So for Maori who we know suffer that discrimination it will be worse. The cost of that again will be borne by the community and the whanau. The cost to the taxpayer will be increased through increased imprisonment because we will see more Maori being convicted and imprisoned as a result of this law change. I can absolutely guarantee that. The cost to whanau will be increased as more and more of our people are unjustifiably taken out of our communities because the system itself is biased against them and it structurally increases its bias. Those costs are borne by the families and the children.