newsletter of the court-referred restorative justice project - October 2001- issue #5
Inside this issue
Fanning the flame of restorative justice in South Africa
A community-based project overcomes hurdles in Christchurch
Conferences Proving Positive
Within weeks of the first referrals for the courtreferred restorative justice project, the number of conferences that have taken place has topped double figures.
After months of preparation, the first conferences have provided a welcome boost for the co-ordinators in each of the pilot regions.
"I went to the sentencing of the first case that went to conference and heard very positive comments from the Judge, counsel and the prosecutor," says Islay Brown, the restorative justice co-ordinator for the Auckland District Court.
Islay believes the outcome has helped spur referral numbers in Auckland.
"Everyone was really impressed with the process and the appropriateness of what took place. I think other people involved in the courts were looking at that first case, and it has given them a lot of confidence in restorative justice being a positive process."
Co-ordinators in the other pilot areas also report positive responses.
Dunedin co-ordinator Cathy Brown says it is refreshing to be able to have conferences going through the courts. "As expected, as more cases are referred, we are having to adapt our processes in response to issues that arise. This is part of the process of working through a pilot project."
Waitakere co-ordinator Garry Summers says that streamlining referrals will be an ongoing process as the project becomes more established.
Co-ordinators are noticing that many younger offenders are being referred, and Hamilton co-ordinator Jim Berkett says that this probably reflects the fact that most people cease their criminal careers by 27 years.
"I'm finding that the public is becoming more and more aware of restorative justice, especially when I'm out and about talking to community groups and service clubs."
Victims prepared to take part in the process have come from a range of backgrounds, including the managers of businesses.
Department for Courts project manager Alison Hill says it is important to protect the privacy of conference participants. "We hope that as more conferences are completed we'll be able to share some information about them. We'll also be able to find some cases where victims and offenders feel comfortable talking about their experiences."
Spinoffs Beyond Pilot Areas
In the last month I have been travelling out to the regions to listen to local ideas about how to make communities safer.
I'm finding that restorative justice is an issue people want to discuss.
I'm also finding that the court-referred restorative justice project is having spinoffs outside the pilot areas. It is giving credibility and encouragement to others working with-or wanting to work with-restorative justice.
It is particularly important for me to listen to the views of Maori, so I recently visited the Far North where I spoke with Te Rapu Orangatanga O Muriwhenua-a group representing five iwi.
They were discussing how they might reduce the numbers of Maori in prison. Restorative justice is one of the processes they believe might help address some of the issues behind the offending, and help to get offenders to take responsibility for their crimes.
On this visit I also had the opportunity to talk to judges and justices of the peace about what is happening with restorative justice in other parts of the country.
Even though the Far North is not in a pilot region, it is encouraging to see this community looking at ways to get a project started there.
Matt Robson
Minister for Courts
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Voluntary Participation
With close to 50 referrals in the court-referred restorative justice project by late October, it is realistic to expect that a proportion of these won't result in a conference being held.
Voluntary participation is fundamental to the court-referred process, and there are a number of reasons why a conference may not be held:
In order to ensure that the process remains voluntary, the court is informed only that a conference could not be held.
Belief in the Benefits
Numerous hurdles have had to be overcome in setting up a community-based restorative justice project in Christchurch.
But for those who have volunteered their time to ensure its survival, responses from victims and offenders attending conferences have made it worthwhile.
"It has been very difficult, particularly given that Christchurch, because of its conservatism, is harder than other places," says a founding member of Christchurch's Restorative Justice Services, Denny Anker. "We had a belief in the process and the benefits of it."
RJS, which is an incorporated society, ran its first restorative justice conference in late 1998 after eighteen months of preparatory work.
Last year the group had 62 referrals - 61 percent of which went on to conferences. More than half were referred from the probation service or victims and their advisors. The greatest percentage of referrals were for driving offences, followed by assaults.
Denny, who is on the national liaison committee for the court-referred restorative justice project, says that those behind the Christchurch group became interested in restorative justice after being involved in setting up habilitation centres. "We figured that if it (restorative justice conferencing) was already being run in Auckland, then we could do it here."
With help from Aucklanders Helen Bowen and Jim Boyack and restorative justice advocate Jim Consedine, the Christchurch group got underway.
"We knew Christchurch was going to be difficult because restorative justice didn't have a lot of support and acceptance from the judiciary."
Roger Kemp, who is the service's co-ordinator, says that barriers are gradually being broken down.
Although there are at least a dozen solicitors in the city who won't return his phone calls, there is an equal number who do.
The group's 20 trained facilitators are on call, but because they have paid work and busy lives there is "always a tension between doing enough promotion work to be credible and doing so much you can't keep up," says Denny.
Roger is the only group member who receives some payment for his work. This funding comes from a variety of sources, including community groups, church organisations, Christchurch City Council grants and Lotteries.
Every morning he sits in District Court No 1 in an effort to be visible enough so that lawyers, probation officers, victim advisors and judges will refer clients.
"There are an awful lot still not thinking about restorative justice."
Roger says he would like to acknowledge the court victim advisors who have been the source of most of his referrals this year. They give victims using their services information on- and the opportunity to access-restorative justice.
A major step forward came the day a seat was made available for Roger in the court room and an official notice was displayed in court drawing attention to his presence.
Denny says the group has felt some pressure over the years to undertake the panel method of conferencing, but feels strongly about victim-offender conferencing. Although RJS (which now has up to 30 members) is in the midst of reviewing its structure, the ideology of conferencing will remain central.
One of its biggest handicaps has been the inability to stipulate the length of time it has to organise a conference, because its services are not officially recognised.
"We have to fly by the seat of our pants, with anything between a week and a month to organise a conference. We're not in a position of power to set the time."
Denny says that RJS is "delighted that restorative justice has official status (through the court-referred project), but we have always had concerns that the project has the potential to be taken over by the state machine and be turned into something it's not. I'm not saying that has happened. I'm saying there is the potential for that, which is one of the reasons I have been pleased to be on the national liaison committee."
She believes that it is crucial that the state project is funded adequately over coming years to ensure it has the best chance of success.
Denny, who is a mother, grandmother, green political activist and also has paid employment, says restorative justice has consumed a lot of her life.
"There is a huge amount of work by many people behind the scenes."
Excerpts from a Restorative Justice Services' evaluation of 24 victims attending conferences between June and December 2000:
Fanning the Flame of Restorative Justice in Africa
A recent visit to South Africa by one member of the court-referred restorative justice training team has revealed a growing interest in the concept in that country.
Elaine Dyer was sponsored by the South African Association for Conflict Intervention to speak at its conference in Port Elizabeth.
"There are a number of vigilante groups in South Africa, especially in the black and coloured townships. When the police don't turn up, they take the law into their own hands-sometimes with disastrous results. There is no stopping to ask questions, and there have been cases of innocent kids being in the wrong place at the wrong time and being stoned to death."
Elaine said that her short address on restorative justice was warmly received. She also facilitated a workshop on the subject.
"A lot of people left after our workshop saying they were going to start talking about doing things differently within their communities.
"It is a wonderful opportunity we're evolving in New Zealand. We are really empowering the victim voices."
Elaine says that many of the questions centred around whether restorative justice was a soft option. "This is a common concern, but it is a real challenge for offenders to face up to their victims and listen, feel and empathise with the painful effects of their actions."
One delegate has been running restorative justice processes in Angola as a means of reintegrating some of the country's child soldiers back into society. "Some of these children, who are now teenagers and young adults, had been responsible for really brutal actions. The community is able to give feedback to these young adults and tell them about the pain they created, as well as hearing the young people's stories."
The conference was for academics, politicians, community educators, community group representatives and activists.
"The trip made me appreciate anew the opportunity we have in New Zealand and the value of our tradition of talking through our differences," says Elaine."There is a lot of violence in South Africa because people don't feel they are being heard."
Although law changes are slow in the new South Africa, some fantastic initiatives are happening in the community.
"They are very very interested in what we are doing. New Zealand is held in high esteem for its ground breaking work in the restorative justice field."
National Gathering
A national gathering for those involved in restorative justice is being organised by the Restorative Justice Network.
The gathering, which is being run with support from the Restorative Justice Trust, Waipareira Trust and Massey University Centre for Justice and Peace Development (Albany), is to be held in Auckland from March 8-10. The meeting will look at how community groups can continue to develop restorative justice, and examine ownership of restorative justice, national guidelines and promoting the needs of restorative justice community groups. Groups and individuals wanting to begin the debate for next year's meeting are being encouraged to share their thoughts in brief papers. Papers (of up to two pages) should be sent by November 30 to: W J Tie, Centre for Justice and Peace, Private Bag 102 904, North Shore Mail Centre, or emailed to W.J.Tie@massey.ac.nz
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 court-referred 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 court-referred 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 co-ordinators 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. Te Ara Whakatika mailing list inquiries should be directed to: Abpost, PO Box 38756, Petone, Wellington Fax (04) 568 3400.
