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Workman, Kim. The Future of Restorative Justice – Control, Co-option, and Co-operation

This paper explores the history of restorative justice in New Zealand and lays out a course for the future.

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.

McElrea, F W M. The New Zealand model of family group conferences.

At a symposium sponsored by the Correctional Service of Canada, Judge F. W. M. McElrea surveys the New Zealand model of family group conferences (FGC). As background, he first provides an overview of the New Zealand youth justice system. This leads to discussion of a number of topics, including the following: the FGC as a pre-adjudication, diversionary measure; the rate of youth offending in relation to the reduced use of custodial outcomes and courts; the FGC as a post-adjudication measure for disposing of cases; and the role of the police in FGCs. McElrea also examines the FGC as a restorative justice technique applicable to adults.

New Zealand Ministry of Justice.. "He hinatore ke te ao Maori- A glimpse into the Maori world: Maori perspectives on justice. "

Maori people are disproportionately involved in the criminal justice system in New Zealand. At the same time, Maori terms are increasingly used in New Zealand statutes. In view of all of this, the New Zealand Ministry of Justice set out to examine traditional Maori perspectives on justice. The Ministry’s primary purpose in this book is not to recommend criminal justice reform. It is to achieve an understanding of Maori customary law (“tikanga") by exploring Maori cultural values, beliefs, principles, and practices, especially as these concern dispute resolution. The book consists of three parts: the first part deals with traditional Maori concepts and customary law; the second part presents eight case studies of dispute resolution from the 1930s and 1940s in parts of New Zealand where Maori custom still was strong; and the third part surveys a collection of Maori behaviors, philosophies, emotions, and cultural influences. Appendices to the book provide a chronology of the project, terms of reference, and the methodology. A glossary of Maori terms is also included.

Carroll, M. Implementation Issues: Considering the Conferencing Options for Victoria

The potential advantages and dangers of family group conferences are discussed in the context of the existing juvenile justice system in Victoria under the Children and Young Persons Act 1989. These approaches have led to fewer young people admitted by courts to supervised programs making the need for more diversion approaches questionable. Concerns about police-based family group conferences include police neutrality, police role as prosecutor and judge, and program costs. Concerns about the New Zealand model include professional involvement in decision making, low victim satisfaction, net-widening, and costs of program implementation.

Tauri, Juan Marcellus. "Family Group Conferencing: The Myth of Indigenous Empowerment in New Zealand."

The author argues two points. Firstly, that the family group conferencing forum and its related legislation (The 1989 Children, Young Persons and Their Families Act) signifies the indigenisation of New Zealand's criminal justice system rather than the empowerment of Maori. Secondly, rather than signifying the ability of our justice system to culturally sensitise itself, family group conferencing in fact underlines the willingness of the State to disempower Maori by employing their justice processes while denying them a significant measure of jurisdictional autonomy.

Morris, Allison and Maxwell, Gabrielle. Restorative Justice in New Zealand: Family Group Conferences as a Case Study

Family group conferences were introduced in New Zealand in 1989. Despite the absence of specific reference to restorative justice in the debates introducing them, their underlying philosophy incorporates key features of restorative justice. This article describes the role family group conferences play, drawing from research we conducted from 1990 to 1991 and in 1996. In particular, it reviews the extent to which young people, their families, and victims can come together to decide how best to deal with the young person's offending. It suggests that the findings from this research provide a sufficient basis for New Zealand to move further forward in the implementation of restorative justice processes for adult offenders and for other countries wishing to move towards more restorative approaches to consider family group conferences as a useful strategy.

Moore, David B. Shame, Forgiveness, and Juvenile Justice

This essay describes a model of dealing with young offenders: the Family Group Conference (FGC): and considers its broader implications. The FGC has been operating throughout New Zealand and, in a modified form, in parts of Australia. Under the guidance of a police officer, welfare worker, or representative of the juvenile court or justice department, the juvenile offender is brought face-to-face with his or her victim, and both individuals are accompanied by family members, guardians, peers, or significant others. The insistence on collective, community involvement in the search for reparation is what sets the FGC model apart from similar programs. The conference is designed to strengthen the internal and external social controls; help to identify problems of dysfunctional families; and provide a more satisfactory outcome for victims, offenders and police.

Maxwell, Gabrielle and Morris, Allison. The New Zealand Model of Family Group Conferences.

The authors describe the New Zealand model of family group conferences and how this model includes both traditional and innovative approaches. They describe the process of FGCs and define some of the key concepts. An empirical evaluation of the process is explained and data is presented on who attends, the penalties imposed, participant's satisfaction, and cultural appropriateness of the process. Finally, they discuss some inherent contradictions in the model and problems of implementation.

Alder, Christine and Wundersitz, Joy. Family Conferencing and Juvenile Justice: The Way Forward or Misplaced Optimism?

An anthology of 11 papers assesses the use and dimensions of family group conferencing (FGC) in Australia and New Zealand. FGCs involves a meeting between the offender and his/her extended family, the victim and his/her supporters, and other relevant parties to discuss the offense and to negotiate appropriate responses. The most innovative and potentially positive aspects of family group conferencing are the involvement of the victim and the young offender's family in decision making. The papers address whether punishment without stigmatization is possible, whether reoffending can be prevented, and if family conferencing represents the best alternative.