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Restorative Justice in the Adult Criminal Justice System

by migrate1 last modified Oct 20, 2009 12:23 PM

Restorative Justice General Information

Overview

The Ministry of Justice funds restorative justice processes through 26 community-based provider groups throughout New Zealand.

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

What is restorative justice?

Restorative justice is a process that aims to put things right for the people who have been victims of offences. It does this through a meeting between the victim and the offender called a restorative justice conference.

At a conference

  • victims can tell their stories and focus on their needs
  • offenders can say what they have done and take responsibility for putting things right.

Restorative justice is a voluntary process. It will only take place if the victim and the offender agree to participate.

Offenders must admit responsibility for the offence before they go into the restorative justice process.

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Availability of restorative justice in New Zealand

Restorative justice is used at various stages in the criminal justice system including:

  •  before conviction
  • before sentencing
  • during the sentence.

Restorative justice before sentencing is available at the following District Courts:

Kaikohe
Whangarei
Auckland
Waitakere
Manukau
Hamilton
Gisborne
Tauranga

Tokoroa
Taupo
Rotorua
Waihi
Thames
Napier
Hastings
Waipukurau

New Plymouth
Wanganui
Palmerston North
Wellington
Porirua
Lower Hutt
Blenheim
Nelson

Rangiora
Christchurch
Greymouth
Ashburton
Timaru
Oamaru
Dunedin
Invercargill

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Restorative justice in legislation

Restorative justice processes are formally recognised in the Sentencing, Parole and Victims’ Rights Acts 2002 and the Corrections Act 2004. The Acts encourage the use of restorative justice wherever appropriate.

The Sentencing and Parole Acts specify 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.

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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.

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More information on the restorative justice process

The publication Restorative Justice provides an overview of the restorative justice process and Ministry-funded services.

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Helpful Links

Restorative Justice Aotearoa

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