newsletter of the courtreferred restorative justice project march/april 2004 issue #1
Welcome to the First Edition
Focusing on the victims
Coordinators ready to 'make a real difference'
Father Jim Consedine on the heart, soul and "xfactor" needed to succeed
The anger could be felt in the air as the young man walked into the room.
This first offender- burglary spree-in league with more experienced adults-had affected a range of victims. To get half of those victims into one room to talk about the crimes was a feat in itself. Half decided this new idea of restorative justice wasn't for them. The others came, not knowing what to expect.
Everybody was given a chance to speak. In turn, without interruption.
One of the women whose house had been targeted was so furious, she berated the young man for some time. She told him how violated she had felt. Another told how her children were terrified to go back into the house. A third had saved for months to buy the item that was stolen.
The young man, like the others in the room, had chosen to take part. He listened to them. Then he told his own story, of how he came to be in each of their neighbourhoods with his older mates.
The restoration took many forms. He agreed to mow one person- lawns, chop wood for another and begin making payments towards their loss.
The thing that struck me the most about this story was that one of the women-the one who was the most furious- went on to find the young man a parttime job. Getting him back on the "straight and narrow" was of paramount importance to those victims-to prevent further victims. This story is but one of many that have come out of the communitybased restorative justice projects our country has fostered over the last decade.
In this, the first issue of Te Ara Whakatika, I welcome you to the courtreferred restorative justice project that began this year. The pilot project is being run in four district courts-Auckland, Waitakere, Hamilton and Dunedin. These are busy courts with potential for a high number of cases to be referred to restorative justice conferences. This will allow a robust evaluation to be carried out.
Te Ara Whakatika will be a monthly newsletter that will ensure the wide community of people who support the restorative justice movement are kept informed about related government projects, and the courtreferred restorative justice project. It will also introduce restorative justice to those who may come into contact with the process through the project.
Implementation of the project is led by a team that includes representatives from the Maori community, Pacific peoples' communities, Restorative Justice Network, Victim Support and New Zealand Law Society, as well as staff from the Department for Courts, Department of Corrections and Police. I chair this committee. To ensure that the interests of the wider restorative justice movement can be included, I intend to widen the group- scope to enable it to function as an interim National Advisory Committee on Restorative Justice.
I envisage consultation further down the track to establish a fully representative body on restorative justice in New Zealand. The list of current members of my committee is included in this issue of Te Ara Whakatika, and I encourage you to keep in touch with them.
I hope this newsletter will help to draw us closer together in reaching our shared goals.
Hon Matt Robson
Minister for Courts
Preparing to 'Make a Real Difference'
Restorative justice coordinators have been appointed for the four courts involved in the project, and facilitators are currently being selected and trained.
The coordinators are Islay Brown (Auckland), Garry Summers (Waitakere), Jim Berkett (Hamilton) and Cathy Brown (Dunedin).
Cathy (pictured above), who has been a Family Court coordinator in Dunedin for more than 11 years, jumped at the chance to be involved in the project.
She is enjoying the contact the project is giving her with groups in the wider community and is delighted at the interest being shown by a "range of committed individuals. I am sure we can make a real difference for all those involved."
For Islay, "the initial challenges as a coordinator are not only to establish contact with agencies and community groups, but also to work with other Courts staff to establish processes that will work well for us."
Islay has worked as a victim adviser with the Auckland District Court, as a probation officer in Otahuhu, Hamilton and Invercargill, and as a recruitment consultant.
As with the other three coordinators, Islay has been out and about over the last few months, talking to a wide cross section of the community about the project.
"We need to get everyone ready so that when a case is referred to this project, people have some idea of what a restorative justice conference is all about. Informed support people are also needed. I really consider that restorative justice could add a lot to the existing justice system."
The coordinators' role is to oversee the process from referral to sentencing, to ensure that cases are referred to appropriate facilitators and that the process runs smoothly.
Jim Berkett says he has been encouraged by the number of people interested in being facilitators.
"With such a base of interest and commitment, the project will be placed in a good position to select and train a range of appropriate and excellent facilitators."
Jim has worked in a variety of positions within the Probation Service in Hamilton, Taupo and Napier. He says the move to restorative justice was a logical progression from his work and studies. He has spent several years on university and post graduate studies, and is still "chugging along" with studies in law.
Garry has been impressed with the support and commitment to the project from groups and agencies to which he has talked. "This support is crucial, as all those who have direct contact with victims or offenders can affect the outcomes for them individually, and for the project as a whole."
Garry, who is of Ngai Tahu descent, has worked as a probation officer in Waitakere and Auckland and been a coordinator of Te Whanau O Waipareira Habilitation Centre.
He took time out in 1999 to finish his studies and to look after his three young children.
Interviews began in May for facilitators with excellent ethical, facilitation, networking, interpersonal and community skills.
The department- training courses cover the processes and skills needed to facilitate a constructive restorative justice conference, including ensuring a safe and supportive environment.
"We are looking for facilitators from communitybased groups working in the pilot areas, and people representative of the cultures of victims and offenders," says project manager Alison Hill. "It is important that people are referred to facilitators who understand their cultural needs, and that conferences recognise cultural differences."
The facilitator will assess-based on the offender- and victim- needs and attitudes-whether the case is suitable. They will talk to the offender in depth-to assess their suitability- before talking with the victim.
If the victim and offender agree to a conference, and it has the potential to be constructive, the facilitator will make the necessary arrangements.
Community Input
Community groups and key stakeholder representatives are involved in the development of the project at a national and local level.
They include people involved in communitybased restorative justice projects, as well as representatives from Victim Support, the Department of Corrections, Police, the Law Society, and Maori and Pacific peoples' communities.
The national liaison committee comprises:
Denny Anker-Restorative Justice Network member. Denny brings a wide knowledge of restorative justice, including handson experience as a facilitator in a communitybased restorative justice project in Christchurch.
Father Jim Consedine-see story back page.
Fiona SaundersFrancis-Department for Courts manager of operations and judicial support.
Ricky Houghton-of Ngati Kahu and Ngati Whatua descent, Ricky has extensive experience in judicial communitybased sentencing.
Marie Knight-Victim Support manager government relations and policy. Marie has worked for Victim Support for 10 years, including many as a volunteer worker for the organisation.
Kylie Macdonald-Department of Corrections policy adviser. Kylie formerly worked as a probation officer.
Inspector Grant Middlemiss-Police central manager prosecutions for New Zealand.
Philip Morgan-Barrister practising in Hamilton, president of Waikato/Bay of Plenty District Law Society and member of the New Zealand Law Society- criminal law committee.
Denis O'Reilly-has wide experience working with communities and in government departments. He is a former chief executive of the Group Employment Liaison Scheme, and former director of NZES and the NZ Millennium Office.
Superintendent Graham Thomas-Police national prosecutions manager.
Margaret Thompson-Department for Courts manager of strategic policy. Margaret convened the interagency working party which led to the setting up of the courtreferred restorative justice project.
Reverend Sylvia Tongotongo-Restorative Justice Services member. Sylvia, who is Tongan, has extensive knowledge in, and experience of, communitybased restorative justice, as well as wide crosscultural links.
Focusing on the Victims
Restorative justice brings together those affected by an offence in a process that focuses on the needs of the victims.
"It encourages offenders to take responsibility for their actions and allows all those involved to work towards addressing the causes and consequences, as well as start a process of restoration and healing," says Department for Courts project manager Alison Hill.
A Judge may refer a case to a restorative justice conference when there is a victim who has been personally affected, and where the offender has pleaded guilty. The conference will only go ahead if both the victim and offender are willing to take part.
Conferences will be run by trained facilitators who are contracted by the department.
"Victims will have an opportunity to tell the offender how they have been affected, ask questions, have a say in how the harm can be repaired, and begin to resolve some of the effects of the offence. Offenders will hear about the effects of their actions and be given the chance to take responsibility for them. They could also help decide how they can repair the harm and take steps to avoid reoffending. Both victims and offenders will be encouraged to have support people with them."
A report summarising the outcome of the conference will be provided to the Judge.
"The role of conferences in sentencing is to provide information to the Judge, not to make sentencing recommendations," says strategic policy manager Margaret Thompson. "Agreements reached at the conference will be considered by the sentencing Judge. The conference is not, however, an alternative to the sentence imposed by the court."
The project will concentrate on cases of more serious adult offending, including burglary, theft, fraud, car conversion, driving offences and assaults. Domestic violence will be excluded. In the project- first year of operation, all property offences with maximum penalties of two years imprisonment or more, and other offences with maximum penalties of one to seven years imprisonment, will be included.
Evaluation of the courtreferred project, which will be carried out over four years, aims to find out whether restorative justice:
"Recommendations will then be made to government as to the most effective ways to incorporate restorative justice into the criminal justice system," says Alison.
'A Movement of Hope'
When Father Jim Consedine talks about restorative justice he does so with a passion.
He talks about heart, soul and the "xfactor" that community people can provide: "Restorative justice appeals to the better side of human nature and not the destructive, vengeful dark side. It is a movement of hope."
After years of pounding the pavements, knocking on doors, talking to everyone and anyone who could be part of the process, and setting up working models with their own time, money and energy, Jim and other restorative justice advocates have shown that communitydriven ideas can see the light of day within a government department system. It was that commitment to set up working models throughout the country that helped network members convince the Government to pilot the concept within the Department for Courts.
Although the concept of restorative justice has its roots in the traditions of many cultures, the catalyst for the modern renaissance was the success of New Zealand- worldpioneering family group conferences for young offenders, says Jim.
A prison chaplain, parish priest, author on restorative justice, and member of the national liaison committee for the courtreferred project, Jim attributes New Zealand- forward thinking on the issue to the small size of the country. "If it was going to happen anywhere in the world it would happen in New Zealand."
The Restorative Justice Network, of which Jim is national coordinator, has close to 600 members from a wide cross section of New Zealand society.
"The Government pilot is one facet of a wider movement in the community. Restorative justice takes a variety of forms. The pilots will have the advantage of having adequate resources, and a focus on monitoring and developing good processes.
"We are strongly supportive of the pilots. We promoted their introduction. It is important that they work. We're trying as much as possible to help them get underway," says Jim.
"What is now required is a genuine working and respectful partnership between the Government, the judiciary, the Department for Courts and the community. Each has something important to offer. Such a partnership involves mutual trust and a recognition of the gifts that all parties bring to the process. The move forward cannot be left in the hands of one sector only. The pilot simply won't work that way.
"The world is looking on, hopeful. We dare not fail."
The network produces a newsletter which includes articles on restorative justice issues, community developments in restorative justice and opinions from a variety of subscribers.
CONTACT:
Jim Consedine, Restorative Justice Network national coordinator
PO Box 173, Lyttelton, Ph. (03) 3288207, email: jimconse@xtra.co.nz
Finding Answers
Research indicates that many victims need to find answers to six basic questions in order to find healing and
peace: What happened, why did it happen to me, why did I act as I did at the time, why have I acted as I have since that time, what if it happens again, and what does this mean to me and for my outlook (my faith, my vision of the world, my future)?
Without answers to these questions, victims have little or no opportunity to put the event behind them and regain control over their lives. Restorative justice can give them the opportunity to tell offenders how they have been affected, ask questions, have a say in how the harm can be repaired, and to be at the centre of a justice process. Offenders have the opportunity to take responsibility for their actions by being directly accountable to victims, hear about the harm for which they are responsible, gain an appreciation of the impact of the harm, and get the chance to make amends.
Te Ara Whakatika is produced by the Department for Courts to ensure the wide community of people who support the restorative justice movement are kept informed about the courtreferred restorative justice project. The items in this newsletter do not necessarily reflect the views of the Department for Courts or official policies. Articles in this newsletter may be copied and reproduced, but Te Ara Whakatika must be acknowledged. Inquiries regarding the courtreferred restorative justice project should be directed to: Alison Hill, Department for Courts, PO Box 2750, Wellington, Phone (04) 918 8839, Fax (04) 918 8820, email: alison.hill@courts.govt.nz; or to coordinators Islay Brown (Auckland) Phone 025 745 141, (09) 916 9000; Garry Summers (Waitakere) Phone 025 271 5148, (09) 916 5268; Jim Berkett (Hamilton) Phone 025 271 5203, (07) 957 7700; Cathy Brown (Dunedin) Phone 025 271 5164, (03) 471 5170. Mailing list inquiries should be directed to: Abpost, PO Box 38756, Petone, Wellington Fax (04) 568 3400.
