Children’s Commissioner Dr Claire Achmad is deeply
disappointed by Parliament’s progression of the Young
Serious Offender (YSO) Bill through its second reading
today, reiterating that Mana Mokopuna completely opposes the
legislation.
Dr Achmad says the Bill is unnecessary,
unsupported by evidence, and risks causing further harm to
some of the country’s most vulnerable young people. It
also goes against the lived experience and voices of morehū
and survivors of abuse in care.
“There is no need
for this law. New Zealand’s existing youth justice
framework already holds young people accountable for
offending. The evidence is clear that military-style
approaches do not work in the long-term, and risk causing
further harm to mokopuna who have already experienced
trauma, adversity, abuse and neglect. It’s a sad day in
New Zealand when we see our youth justice laws regressing
away from the very obligations that the State is duty-bound
to uphold. This law completely goes against the urgent
recommendation of the UN Committee on the Rights of the
Child that New Zealand should ensure its youth justice
system is consistent with children’s rights.”
Dr
Achmad says official government data continues to show youth
offending rates are declining, undermining any argument that
a law change is required.
“This Bill moves New
Zealand away from evidence-based approaches that are proven
to reduce offending and reoffending, and towards measures
that are unlikely to improve community safety in the long
term, and which evidence shows will open the door to
children being harmed in our youth justice
system.”
Advertisement – scroll to continue reading
As outlined in a submission on the Bill to
the Justice Select Committee last year, Mana Mokopuna
remains firmly opposed to the introduction of military-style
activity camps or any military-style elements as part of
youth justice responses.
“Nothing that is
military-style in character should be written into New
Zealand youth justice law as a sentencing option.
Interventions should uphold our obligations under Te Tiriti
o Waitangi and the United Nations Convention on the Rights
of the Child.
“I’m very concerned the Bill will
disproportionately affect groups already overrepresented in
the youth justice system, including mokopuna Māori,
Pasifika, whaikaha, and those with FASD and other
neurodiversities.”
Dr Achmad notes the continued
progression of the Bill through its second reading comes
just days after the second anniversary of Whanaketia –
Through pain and trauma, from darkness to light, the
final report of the Royal Commission of Inquiry into Abuse
in Care.
“The Royal Commission highlighted the risks
of relying on punishment, coercion and control in responses
to children and young people. We cannot risk recreating
circumstances that expose mokopuna to further harm. This
Bill creates that risk.”
The Commissioner raises
concerns about extending supervision with residence orders
from six to 18 months and creating a Young Serious Offender
declaration.
“This Bill goes against the Youth
Justice Principles in section 208 of the Oranga Tamariki Act
1989, which make clear that youth justice measures should
focus rehabilitative, therapeutic and strengths-based
measures that take the least restrictive form. Deprivation
of liberty should be used only as a last resort and for the
shortest appropriate period. Extending residence orders and
labelling children as ‘young serious offenders’ risks
undermining rehabilitation and causing further harm,” she
says.
“I want safer communities for all our mokopuna
and adults. To make this happen, we need long-term solutions
that address the root causes of offending. We should invest
in evidence-based youth justice interventions that
strengthen whānau, support education and wellbeing, partner
with iwi, hapū and community organisations, and improve
outcomes for mokopuna through true prevention, rather than
introducing measures into New Zealand law that risk causing
further harm to children and young people whose lives have
already been marked by trauma.
“I am deeply saddened
that this law will ultimately drive more mokopuna deeper
into the justice system, which evidence shows is not a place
that will advance their
rights.”
