Therapeutic jurisprudence and mental health courts for Maori

Abstract

For Maori, indigenous peoples of New Zealand, the Treaty of Waitangi required the Crown to protect all the treasures of Maori. This has been taken to include health and cultural concepts, values and practices. Despite this guarantee studies indicate that half of all Maori will develop a mental disorder within their lifetime. Failure by the Crown to provide adequate services has led to those who have already developed a mental illness more predisposed to engage in behaviour that the law regards as criminal. This article suggests that the Treaty principles such as partnership, active protection and participation place an onus upon the Crown to protect and provide for the health needs and cultural identity of Maori. It is proposed that a Mental Health Court underpinned by therapeutic jurisprudence can provide a solution.