Indigeneity has also been attempted to be recognised through Rangatahi Courts, which emerged after the judiciary acknowledged the overrepresentation of Maori youth in the criminal justice system (Dickson, 2011). Rangatahi courts monitor family group conferences which engage in sentencing. They support retaining Maori identity which is critical to avoid harm and poverty (Jackson, 1988). Yet, the same concerns of being tokenistic in nature are present, as though the process is typically on a marae and partially operated by Elders, this operates within a western legal system (Marchetti & Downie, 2014). Though the process uses tikanga Maori values, not all Maori people support it as the process does not have its own autonomy (Dickson, 2011). Instead, Rangatahi Courts only give the Maori community partial power to reconnect its youth to their culture as it operates in a system that was imposed on Maori people upon colonisation. Though Rangatahi Courts do actually attempt to recognise indigeneity and prevent youth from reoffending, they cannot be effectively be used to …show more content…
In this regard, the courts are limited at recognising indigeneity, and greater community involvement is required. Further, Marchetti and Downie (2014) note that ‘success’ is difficult to determine as there can be various measures, and only looking to reduce overrepresentation is one-sided. Rather, indigenous communities will additionally need to be empowered as without community participation in all factions of the process, it is unlikely that any initiative will be accepted or successful. These will need to be supplemented with post-sentencing support programmes to reinforce rehabilitation and reduce recidivism (Marchetti & Downie,