Same Crime – Different Outcomes: Do Court Outcomes Differ Systematically by Ethnicity?

This report examines whether court outcomes in Aotearoa New Zealand differ by ethnicity when individuals are charged with the same offence. Focusing on first-time drink-driving cases, it asks whether Māori and New Zealand European offenders are treated the same when their offending behaviour is directly comparable.

Drawing on anonymised data from Stats NZ’s Integrated Data Infrastructure, the authors analyse more than 10,000 first-time drink-driving convictions between 2008 and 2013. By controlling for alcohol readings, offence characteristics, and socio-demographic factors, the research compares like-for-like cases to assess whether ethnicity remains associated with different sentencing outcomes.

The findings show that Māori offenders are more likely than New Zealand European offenders to receive a community-based sentence rather than a fine, even after extensive controls are applied. The report also identifies variation across District Courts, suggesting that local sentencing practices can contribute to these differences.