Crime Prevention Unit

Restorative Justice – General Information

Restorative Justice – Information for Providers

Restorative Justice Facilitator Induction Training and Accreditation

Restorative Justice – General Information

Overview

The Ministry of Justice funds restorative justice processes through 30 community-based provider groups throughout New Zealand. Provider groups offer services (including where part of Police Diversion) at the following District Courts.

Courts in the New Zealand criminal justice system (for adult offenders) have considered outcomes from restorative justice processes on an ad hoc basis since the mid 1990s.

Formal statutory recognition of restorative justice processes came about with the passage of the Sentencing, Parole and Victims’ Rights Act 2002 and the Corrections Act 2004. The Acts give greater recognition and legitimacy to restorative justice processes and encourage their use wherever appropriate. The Acts also mean that where restorative justice processes have taken place, the outcomes have to be taken into account in decisions about the sentencing and parole of offenders.

Restorative justice is used at various stages in the criminal justice system, including before conviction, before sentencing and during the sentence. Participation in restorative justice is voluntary for both victims and offenders. Offenders must admit responsibility for the offence before they go into the restorative justice process.

Restorative Justice Goals

The main goals of restorative justice are to provide opportunities for both victims and offenders to be involved in finding ways to hold the offender accountable for their offending and, as far as possible, repair the harm caused to the victim and community.

The Restorative Justice Process

The publication Restorative Justice, August 2007 (PDF Adobe Acrobat v5 268 KB) provides an overview of the restorative justice process and Ministry-funded services.

Review of the use of restorative justice in family violence

The Ministry of Justice will be consulting on the use of restorative justice in family violence cases during 2009.

Restorative justice has been used in the criminal justice system since the mid 1990s, initially on an ad hoc basis. Restorative justice processes received formal statutory recognition through the Sentencing, Parole and Victims’ Rights Acts 2002 and the Corrections Act 2004. The Acts give greater recognition and legitimacy to restorative justice processes and encourage their use wherever appropriate.

Restorative justice services, funded by the Ministry of Justice, are currently available at 33 District Courts. Restorative justice is used across the full spectrum of offences (for example violence, burglary, car theft, fraud, other dishonesty, property damage).

The appropriateness of restorative justice in family violence cases has been debated both overseas and in New Zealand. In practice, however, there appears to be growing demand in New Zealand for the provision of restorative justice in such cases.

A stock take of providers, carried out for the Ministry of Justice by Restorative Justice Aotearoa, http://www.restorativejusticeaotearoa.org.nz/node/10 indicated that, for the period 1 July to 31 December 2006, 13% of the cases dealt with by restorative justice providers were family violence cases.

It is therefore timely to consider the policy framework around the use of restorative justice in family violence cases.

As a starting point, the two reports below provide a more in-depth description and assessment of current practice by a selected number of providers offering restorative justice in family violence cases. These reports were commissioned to provide a snapshot of actual practice and feedback from stakeholders (victims and offenders, judges, Police and other community agencies) on the process and its outcomes. This information was intended to inform thinking on policy relating to restorative justice in family violence, and how the existing framework around best practice could be strengthened.

• Review of the Delivery of Restorative Justice in Family Violence Cases by Providers funded by the Ministry of Justice (PDF 611KB)

• Review of the use of restorative justice in family violence cases in the Rotorua district (PDF 1407KB)

Both the stock take and the two reviews show that while providers have good protocols in place, and feedback from stakeholders has been positive overall, there are variations in the types of cases accepted for restorative justice and in the way they are dealt with. There is scope for more guidance and consistency in these areas. Some providers have indicated that they would also welcome guidance on the management of restorative justice processes in such cases and some have identified a need for more training and other resources.

The Ministry therefore intends to consult stakeholders during 2009 on the use and delivery of restorative justice in family violence cases. A discussion paper is being developed to seek views on how the existing restorative justice framework might be strengthened and enhanced, what guidance and tools restorative justice providers require and how greater consistency and certainty can be provided around restorative justice processes and, in particular the safety of victims of family violence. This will draw on the material provided in the attached reports and the stock take, as well as other sources.

For further information contact:

Lynda Duncan
Senior Adviser, Restorative Justice
04 473 2124
Lynda.Duncan@justice.govt.nz

Helpful Links

Restorative Justice Aotearoa

Restorative justice provisions in the Sentencing Act 2002, Parole Act 2002 and the Victims’ Rights Act 2002

Restorative Justice in New Zealand: Best Practice

Court-Referred Restorative Justice

Evaluations

Restorative justice: A discussion paper (1996)

Restorative justice: A discussion paper (1996) Summary of Submissions

Paper publications available for order

Restorative Justice – Information for Providers

Review of Restorative Justice Service Delivery Arrangements

In February 2008 the Ministry started a review of current arrangements for the delivery of restorative justice services at District Courts.

The information sheet Reviewing Arrangements for the Delivery of Restorative Justice Services, April 2008 (PDF Adobe Acrobat v5 187 KB) outlines the Ministry’s approach to the review.

Further information on the review will be posted as it becomes available.

If you have any enquiries about the review please contact: