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Boshier, Peter. How Family Group Conferencing Influences Decision-Making in New Zealand Courts.

PendingFamily Group Conferences (FGCs) were created by the Children, Young Persons, and Their Families Act 1989. This Act deals with State intervention into childcare and aims to protect children from abuse and neglect through its care and protection provisions. The Act also established the Youth Court, which deals with young offenders. FGCs are the backbone of both the care and protection and youth justice processes. (excerpt)

Pakura, Shannon. The Family Group Conference 14 Year Journey: Celebrating the successes, learning the lessons, embracing the challenges

Shannon Pakura is Chief Social Worker with Child Youth and Family Services in the New Zealand government. In this paper Pakura reflects on the history of family group conferences (FGC) in New Zealand. This begins with changes in government policy and law leading to the Children, Young Persons and Their Families Act 1989 and its introduction of the FGC. Pakura describes the social and cultural context in which the FGC was initiated and implemented. Looking back on those efforts and the history of FGCs in child welfare in New Zealand, Pakura identifies what was done well, what could have been done better, the effects of FGCs on Maori children and families, and challenges for FGCs and child welfare in the future.

New Zealand Ministry of Justice. Summary of Submissions: Draft Principles of Best Practice for Restorative Justice Processes in the Criminal Court

This report summarises the feedback received by the Ministry of Justice on draft principles of best practice for the use of restorative justice processes in the criminal courts. In May 2003, draft principles were sent to approximately 100 stakeholders, including restorative justice providers, members of the judiciary, government departments, and relevant non-government organisations such as Victim Support and the National Network of Stopping Violence Services. 40 submissions were received. (excerpt)

Law Commission of New Zealand. Delivering Justice For All: A Vision for New Zealand Courts and Tribunals

The Law Commission was invited by the Government to undertake a review of the structure and operation of all state-based adjudicative bodies in New Zealand, including all courts and tribunals except the top tier of the appellate system.... The commission was directed to "have particular regard to its statutory obligations to take account of te ao Maori (the Maori dimension) and the multi-cultural character of New Zealand society in this exercise".... Includes recommendations for reform from the Law Commission to the Government in light of submissions, consultations and research. (excerpt)

Brown, M. J. A. Juvenile Justice in New Zealand

This paper describes New Zealand's Children, Young Persons and Their Families Act of 1989. The terms used in the Youth Justice portion of the legislation are defined, the jurisdiction of the Youth Court and objectives of the legislation are discussed, and the use of family group conferences are explained. Finally, the perceived benefits of this form of diversion are listed.

Maxwell, Gabrielle and Morris, Allison. Research on Family Group Conferences With Young Offenders in New Zealand

This analysis reports data on family group conferences for more than 200 juvenile offenders in New Zealand in 1990 and 1991. The principles underlying family group conferences are new, radical, and exciting in that they emphasize diversion, restorative justice, and responding to the needs of youth through strengthening families and acknowledging cultural differences. Results revealed that these conferences achieved diversionary outcomes for the great majority of young offenders. However, crucial questions have been raised about the system's fairness and its ability to achieve its ideals. Although the process has greater potential than traditional processes to achieve these goals, much depends on practice, resources, and the systems that support the processes.

Maxwell, Gabrielle. Family Decision-Making in Youth Justice: The New Zealand model

This article reviews the goals and objectives New Zealand's Children, Young Persons and Their Families Act of 1989. Family group conferences (FGCs) and the efforts to evaluate the system are described. FGCs has succeeded in diverting the majority of young offenders from criminal courts and reliance on the use of institutions has been dramatically reduced. Families are encouraged to take responsibility and the process is equally satisfactory for Pakeha as for Maori. Concern is raised about professionals taking over and distorting the process, the lack of information available to families, and the lack of resources and support services.

Jervis, B. Developing Reparation Plans through Victim-Offender Mediation by New Zealand Probation Officers

The New Zealand Criminal Justice Act of 1985 introduced the sentence of reparation thus allowing compensation to be paid to victims of offenses. A further amendment in 1993 allows a court imposing a sentence to take into account any offer of compensation on behalf of the offender to the victim. The Criminal Justice Act of 1985 provided clear presumption in favor of reparation as a sentencing option but research undertaken in 1989 showed that reparation was poorly used. There has been some increase in the use of reparation ordered without a reparation report. Victim-offender mediation is very rare as is reparation in the form of service to victims.

Immarigeon, Russ. Family Group Conferences in Canada and the United States: An Overview

This paper suggests possible uses of New Zealand style family group conferences in Canada and the United States. Applications are considered in British Columbia with aboriginal empowerment efforts. The interest in Kellogg and McConnell Clark foundations and the American Bar Association in preservation of families programs are considered. Recent child care and protection programs in Kansas, Michigan, Vermont, Maine, New York are discussed. The author concludes that practitioners and policy-makers have not yet examined or explored the full implications of the range of changes possible through family group conferences, especially the role of professionals.

Hudson, Joe and Morris, Allison and Galaway, Burt and Morris, Allison and Maxwell, Gabrielle and Galaway, Burt. Family Group Conferences: Perspectives on Policy and Practice

An anthology of 14 papers review the principles and practices of family group conferences (FGCs) in the juvenile justice and child protection systems of several nations. Topics include: the origin and development of family group conferences; use of FGCs in child protection work in New Zealand; research on child welfare family group conferences in New Zealand; impact of FGCs with young offenders in South Australia; FGCs in Victoria, AUS; child welfare services FGCs in England and Wales; FGCs in Canada and the U.S.; family group decision making in Oregon; FGCs and young aboriginal offenders in Winnipeg, CAN; and family group decision making in Canada.

Hudson, Joe and Morris, Allison and Galaway, Burt and Morris, Allison and Maxwell, Gabrielle and Galaway, Burt. Introduction [to Family Group Conferences]

The first statutory formulation of the family group conferences (FGCs) model was in New Zealand in 1989. However, participatory processes and principles evolved at the same time in England and Oregon. Currently, FGCs are used in many countries as a preferred decision-making forum for youthful offenders and children requiring care and protection. Despite differences among jurisdictions, several common themes are apparent. FGCs are more likely than traditional forms of dispute resolution to give effective voice to those who are traditionally disadvantaged. Unresolved issues are discussed.

Bargen, J. Critical View of Conferencing

A critique of two new criminal justice initiatives, sentencing circles in Canada and family group conferences in Australia, is presented. Sentencing circles in Canada involve a process whereby community members recommend the sentence in cases involving other members of the same community. Family group conferences in Australia allow persons directly affected by crime to actively participate in dealing with the consequences of crime. Both collective and individual accountability for offending behavior. Both initiatives are evaluated in terms of their implications for aboriginal and indigenous communities.

Hassall, I and Maxwell, Gabrielle and Robertson, J. and Maxwell, Gabrielle. A Briefing Paper: An Appraisal of the First Year of the Children, Young Persons and Their Families Act 1989

Three papers describe changes brought about by the New Zealand Children, Young Persons, and Their Families Act 1989. The first paper examines the Family Group Conference as an innovative method of involving families in statutory care and protection and youth justice processes. The second paper presents statistical data for 1990 on the disposition of children and youth who came to attention, under either the care and protection or youth justice provisions of the Act. The third article finds that the number of arrests, court appearances, convictions and court orders sharply decreased following passage of the act.

Hartley, A.. Restorative Initiative: What is the Department's Role

This newsletter contains several articles pertaining to criminal justice issues in New Zealand. The article on restorative justice clarifies the role of the New Zealand Department of Justice in the evaluation of restorative justice, with an emphasis on the responsibilities, constraints, and objectives which make its role in such initiatives different from that of community or non-governmental institutions. Another article summarizes research conducted by a Department of Justice employee into victim-offender mediation and reparation projects in Great Britain. The final article outlines the features and uses of a new model developed by the Department of Justice to forecast prison population figures.

Hardin, M and Mickens, J and Cole, E and Mickens, J and Lancour, R and Cole, E. Family Group Conferences in Child Abuse and Neglect Cases: Learning from the Experience of New Zealand

Family group conferences are a means of involving extended family members and other persons important to troubled families in cases involving proven child abuse and neglect. The purposes of this book are to explain how family group conferences work, the advantages and pitfalls, identify issues prior to implementing in the United States, share New Zealand's knowledge and experience, and encourage proper evaluation in connection with the use of family group conferences in the United States. Appendices include the New Zealand's Children Young Persons and their Families Act 1989, and the New Zealand's Children Young Persons Service Care and Protection Coordinator's Manual.

Editor. Project Turnaround Expands

Bringing victims and offenders together, and reaching an agreement on how the wrong that has been done is best corrected, can achieve much more than the traditional ‘production line’ system of justice, says Justice Minister Phil Goff. Speaking at the launch of the expansion of Project Turnaround in Timaru, the Minister said that for New Zealand’s justice system to be truly effective, “we need more than simple reliance on imprisonment, because international experience shows that the best way to turn around the lives of offenders is not in prisons. “Early intervention is the most effective way of preventing crime by dealing with its causes, and more is being, and will continue to be done, in this area.� Mr Goff said that restorative justice was an innovative and effective way of reducing re-offending, as Project Turnaround had demonstrated. (excerpt)

Editor. Enlightening experience

Being part of a restorative justice conference was an enlightening experience for Sergeant Andrew O’Reilly. “I can be as cynical as the best of them, but this conference was quite interesting. “It definitely opened my eyes to the way restorative justice can have a beneficial effect. I think it’s a positive process. “It is case specific, and each case needs to be weighed up on its merits.� The conference Andrew attended related to a road fatality. (excerpt)

Editor. Potential for Cross-cultural Healing

Two recent restorative justice conferences held on a marae demonstrated the potential for cross-cultural healing through the court-referred restorative justice process. The conferences followed guilty pleas by three young men who had damaged an irreplaceable Maori carving at the entrance to the whare. (excerpt)

Pratt, John and Clark, Marie. Penal Populism in New Zealand

This paper examines the growth, influence and limits of penal populism in New Zealand. In this country it argues that there were four crucial factors associated with this: disenchantment with the existing democratic process; the dynamics of crime and insecurity in a period of considerable social change; the growth and influence of ‘victimization groups’; the emergence of a new kind of penal expertise. Authors' abstract.

New Zealand Ministry of Justice. Restorative Justice: The Public Submissions

This document is an analysis of submissions received by the Ministry on restorative justice. The analysis identifies key themes and responses to specific issues, and also considers perspectives in relation to Mäori, Pacific peoples and victims. Overview of submissions. One hundred and thirteen submissions representing diverse interests were received.The views represented ranged from being highly supportive of to highly critical of the idea. Overall, the submissions were supportive of restorative justice. Opposition to restorative justice. Nine submissions were strongly opposed to restorative justice. Reasons included a view that it was too lenient, concern about the return of serious offenders to the community, a belief that it would not improve the situation for victims and the need for criminal justice processes to provide general deterrence. (excerpt)