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3 NZWLJ 136 (2019)
Criminalising Parental Failures: Documenting Bias in the Criminal Justice System

handle is hein.journals/nzwomlj3 and id is 140 raw text is: 







         CRIMINALISING PARENTAL FAILURES
         Documenting bias in the criminal justice system

     Julia Tolmie, Fleur Te Aho and Katherine Doolin,
       with Sylvie Arnerich and Natanahira Herewini*


       In this article some evidence is presented to suggest that Mdori
       women are overrepresented in the group of parents who are
       prosecuted for the criminal breach of a parental duty. It is
       suggested that this over-representation may reflect, at least in part,
       bias in the application of the law. Examples are providedfrom
       the case law to illustrate how norms and assumptions around
         race or ethnicity, class and gender may operate in practice to
         disadvantage such women.


I INTRODUCTION
The duty that parents have under s 152 of the Crimes Act 1961 towards their
children was drawn so broadly when it was reformed in 2Oi,1 that since
then, potentially every New Zealand parent with the care and charge of their
child could be subject to scrutiny and criminal prosecution at some point
in time.' In a previous article, we set out the law governing when parental



    Julia Tolmie, Professor, University of Auckland; Dr Fleur Te Aho (Ngati Mutunga), Lecturer,
    University of Auckland; Dr Katherine Doolin, Senior Lecturer, University of Auckland. Natanahira
    Herewini's (Te Rarawa, Ngati Kahu, Ngai Takoto, Ngati Kuri, Ngapuhi, Te Aupouri) contribution to
    this article was generously supported by a Michael and Suzanne Borrin Foundation - Nga Pae o te
    Maramatanga Legal Research Internship Award for 2017-2018.
I   Crimes Amendment Act (No 3) zoI, with effect from 19 March zoz.
2   Julia Tolmie Criminalising Failure to Protect (zoii) II NZLJ 375.

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