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A Survey of 10 Years of New Zealand Court Cases on Restorative Justice

This paper by Judge Stan Thorburn offers a brief account of the development of restorative justice in the Courts of New Zealand since it has been practised over the past 10 years. In particular, it examines a selection of court decisions and identifies significant principles emerging from them. Finally, it compares those to legislation, in particular the Sentencing Act 2002.

Considering Restorative Interventions in Sentencing

New Zealand's Sentencing Act of 2002 incorporated restorative justice language in its sentencing provisions. Judges are now required to consider the results of a restorative process in sentencing decisions. Judge Stan A. Thorburn of the District Court in Auckland applies these provisions to a case of aggravated robbery.

Court-Referred Pilot Project Evaluation Released

The New Zealand Ministry of Justice recently released the findings of an evaluation study of a pilot project that ran from 2001-2004. The evaluation showed positive results but also recommended changes. This article briefly describes the project and the evaluation findings.

Creating Guidelines for Restorative Justice

In 2002, the United Nations Economic and Social Council endorsed Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters. In paragraph 12, the Basic Principles urge governments to create guidelines and standards for the use of restorative justice programmes. Two countries, Canada and New Zealand, have started this process.

Diverting Young Adults from Prison in NSW

The New South Wales (NSW) Bureau of Crime Statistics and Research recently released an evaluation report of a pilot community conferencing programme targeting young adults. The programme seeks to divert persons between the ages of 18 and 24 from prison to community conferences. The report discusses results from a survey of conference participants as well as interviews and focus group meetings with key stakeholders in Liverpool and Tweed Heads – the two local courts participating in the pilot programme.

Incorporating Custom Law into State Law in Melanesia1

In this article, Pat Howley describes the revival of custom law in Bougainville and its importance in building peace.

Juvenile Re-Offending after Family and Victim Offender Conferences

In 2000, the Australian state of Northern Territory implemented a juvenile pre-court diversion scheme. Teresa Cunningham summarizes her research study into the scheme’s impact on re-offending.

New Court for Aboriginal Youth

In late 2004, new legislation created a Children’s Koori Court in the Australian state of Victoria. The Children and Young Persons (Koori Court) Act 2004 augments 1989 legislation, which established specialized Children’s courts. With this new initiative, the government is attempting to create a less formal, more culturally relevant justice experience for young aboriginal offenders, their families, and community.

New Restorative Justice Legislation in the Australian Capital Territory

A recently passed bill will expand the use of restorative process in the Australian Capital Territory (ACT) beginning in 2005. The Crime (Restorative Justice) Act 2004 allows the use of conferencing in all stages of the criminal justice process from pre-trial diversion to parole. The act, passed in August, grows out of the government’s ACT Criminal Justice Strategic Plan 2002-2005 which included an examination of restorative justice options in the territory.

New Zealand Expands Official Recognition of Restorative Justice

With passage of the Sentencing Act 2002 in May, New Zealand appears set to further increase its use of restorative justice practices in responding to crime

Peace Foundation Melanesia

PEACE Foundation Melanesia is an NGO in Papua New Guinea that provides mediation and restorative justice training to local communities and groups in conflict. This article was written by Br. Pat Howley, executive director of Peace Foundation Melanesia.

Possibilities for Restorative Justice in Papua New Guinea.

High crime rates and high levels of insecurity place effective crime control at the forefront of policy debates in Papua New Guinea. Much of the public outcry focuses on stronger law enforcement measures: increasing the training, equipment, and personnel for the police force. However, some initiatives draw from traditional approaches to resolving conflict.

Restorative Justice Service in Christchurch

In New Zealand, restorative justice has received much grassroots support with the creation of community-based services. The Restorative Justice Service (RJS) of Christchurch is one such community initiative providing conferencing services. RJS began accepting referrals in 1998 and runs parallel to the criminal justice system. It seeks to preserve this independence in order to maintain its integrity with police, lawyers, and judges.

Restorative Justice in the Youth Court: A Square Peg in a Round Hole?

New Zealand is known as a leader in the application of restorative justice to youth offending, with over 80% of juvenile offenses being handled through police diversion. The remaining 16-20% results in formal charges in the youth court. This article provides excerpts of a paper that examines the restorative potential of the New Zealand youth court. The full paper, written by Judge Andrew Becroft, Principal Youth Court Judge, New Zealand Youth Court, is attached.

Restorative Practices in Guam

During the past two decades, Inafa’ Maolek Mediation Center in Guam has used restorative justice to help offenders understand the consequences of their actions and offer amends to the people who suffered from the behaviour. Founder and executive director Attorney Pat Wolff describes its two primary services as direct mediation and conflict resolution training for students and adults.

South Australia: Nunga Court II – Aboriginal Sentencing Conferences

The Nunga Court of South Australia was established in 1999 to provide a culturally relevant sentencing option for Aboriginal offenders. 2005 legislation legitimizing the Nunga court required that victims be given the opportunity to participate in addition to the offender, elders, and community members. In response, the regional court in Port Lincoln is piloting an Aboriginal Sentencing Court incorporating elements of the Nunga Court model and restorative conferencing and sentencing circles from Canada. This article summarizes a paper by Dr. Andrew Cannon, Deputy Chief Magistrate and Senior Warden for South Australia, describing the new Aboriginal Sentencing Conferences. A link to the full paper is below.

The Bougainville Project of PEACE Foundation Melanesia

Founded in 1995, PEACE Foundation Melanesia is a grassroots organization working on peacemaking in Papua New Guinea. Much of its early work focused on Bougainville training village leaders to be peacemakers.

Trends in the Pilot

The court-referred restorative justice pilot project in New Zealand is finishing its second year and some trends are being seen. These include the reasons that offenders and victims choose for going to conference, the percentages of cases going to conference, and after conference outcomes

Using Restorative Conferencing for Healing of Victims and Offenders in New South Wales

The Restorative Justice Unit of the New South Wales Department of Corrective Services was established in 1999. It offers conferencing after the offender is in the custody of the Department. In the attached article, Kate Milner, manager of the Unit, provides an overview of its work with victim offender conferencing and of a new re-entry initiative.

Youth Diversion in Tonga

In late 2006, the Tongan Ministry of Justice created a youth diversion programme to quickly respond to offending by young first-time offenders. This article, written by Dr. Maxwell and Sean Buckley of the Victoria University of Wellington, presents the findings from their April 2007 interim progress report on the pilot project.