The Criminal Cases Review Commission has completed 146 reviews with just one case referred on to an appellate court. Photo: RNZ / Marika Khabazi
This story has been amended because two cases have been referred to an appellate court, not one as originally stated.
The head of the organisation examining alleged miscarriages of justice says she expects cases dealing with the treatment of vulnerable people will become an increasing focus.
The Criminal Cases Review Commission was set up in 2020, and has so far had 411 applications.
There have been 146 reviews completed and just two cases referred on to an appellate court.
One case involved a young man who was convicted on a number of offences in 2001, including on male assaults female, and unlawfully getting into a motor vehicle.
The CCRC said the man's age had been inaccurately recorded as 17 when he was in court, but he was actually 15.
It said the man, referred to as Mr G, had entered New Zealand under the Refugee Quota Programme in 1993 when he was seven.
He had left school during Third Form (now Year 9) and could not read nor write in English.
Mr G had unsuccessfully appealed again his conviction in 2001, but that High Court hearing went ahead on the basis that the man was 17 years old, and his appeal was dismissed.
Mr G applied to the CCRC in September 2020, requesting a review of his convictions and sentence, stating he was incorrectly sent to prison while only 15 years of age.
In December 2022 the CCRC agreed that there had been a miscarriage of justice, and said in the interest of justice the case should be referred to the appeal court.
The case was heard in the High Court in Wellington in November 2023, but was adjourned due to issues relating to police disclosure.
Criminal Cases Review Commission chief executive Parekawhia McLean said in this particular case the person was a migrant, had literacy issues, and had little understanding of the criminal justice system in New Zealand.
She expected this sort of case would make up an increasing amount of the commission's work.
"Particularly from our younger population, who may be at that lower level of conviction and sentencing, so not necessarily homicide-type cases.
"It'll be those with vulnerabilities, particularly young people, when they encounter the justice system. If they don't understand or have literacy issues, or mental health issues. It may be their first or second time of being through the system. That is what I think we'll start to see coming through, not immediately, but in the next few years."
Mclean said they were also already taking steps to try and avoid backlogs which were causing issues in other parts of the justice system.
They had set up a backlog system to triage cases to allow some cases to be dealt with quickly, she said.
Mclean said they did not want wait two or three years, and find they had hundreds of cases yet to be dealt with.