Likely youth justice law a damaging and backwards step on children’s rights in New Zealand

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.”

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.”

Media contact:

Melissa Wastney
029 909 2715