ABSTRACT

The Indigenous concept of criminality differs from a non-Indigenous concept of criminality. For Māori, a crime or hara was inextricably linked to, and explained by further concepts such as tapu and mana and the need to rebalance the harm that the hara has caused, rather than any associated behaviour of the offender. Criminology, as a distinct field of study, is devoted to determining the causes of crime. It is no surprise that due to the dynamic and complex reasons why people offend, various theories, such as conflict and group theory, and various factors, such as social and economic factors, can be more heavily weighted than others when determining causes of offending. Parole reports and documents prepared by probation officers and psychologists can also be influential in such decision-making. Māori are disproportionately represented in the criminal justice system. Māori are also disproportionately represented in the forensic mental health facilities.