Restorative Justice
Restorative Justice overview page with links to more detailed information
What is restorative justice?
Restorative justice is a process for resolving crime that focuses on redressing the harm done to victims, while holding offenders to account and engaging the community in the resolution of conflict. It does this primarily through a meeting between the victim and the offender called a restorative justice conference.
At a conference, victims and offenders can tell their stories, the harm caused can be acknowledged by all present, and the offender can accept responsibility and give an apology. Finally, a discussion may be had about how to work towards putting things right.
While there is no standardised process, often an agreement will result from the conference which includes certain actions or activities to be completed by the offender as part of taking responsibility for the offending or responding to some of the underlying causes of this offending.
Restorative justice is a voluntary process. It will only take place if the victim and the offender agree to it.
Offenders must admit responsibility for the offence before they go into the restorative justice process.
The goal of restorative justice
The main goal of restorative justice is 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.
Restorative justice Principles and Values
In 2004, in collaboration with restorative justice practitioners, the Ministry of Justice published the collectively developed "Restorative justice in New Zealand: Best Practice" which provides guidance on the principles of best practice for delivering restorative justice in New Zealand, and explains the values which underpin restorative justice processes.
Principles of best practice for restorative justice processes in criminal cases::
- Restorative justice processes are underpinned by voluntariness
- Full participation of the victim and offender should be encouraged
- Effective participation requires that participants, particularly the victim and offender, are well informed
- Restorative justice processes must hold the offender accountable
- Flexibility and responsiveness are inherent characteristics of restorative justice processes
- Emotional and physical safety of participants is an over-riding concern
- Restorative justice providers (and Facilitators) must ensure the delivery of an effective process
- Restorative justice processes should only be undertaken in appropriate cases
Core restorative justice values
In addition to the principles above, restorative justice processes operate with the following values: participation; respect; honesty; humility; interconnectedness; accounability; empowerment; and hope.
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.
Restorative justice in New Zealand
This page provides information on restorative justice in New Zealand and the available services.
Restorative justice information for Providers:
This page provides information and resources for providers of restorative justice services.
Restorative justice Research:
This page provides links to research commissioned or conducted by the Ministry of Justice on restorative justice.
Restorative justice at the Ministry:
This page explains the role of the Ministry of Justice and its restorative justice team in administering restorative justice services in New Zealand.
