Te Ara Whakatika

Inside this issue

A national restorative justice hui held in West Auckland was judged a "resounding success."

Emotions ran high at the restorative justice project's first conference held at a prison.

Averting a Second Tragedy

A sharp, difficult, unsignposted bend changed the lives of two young New Zealanders.

For Aaron Calvert it meant death.

For Johnathon Carter—the driver of the car who failed to successfully negotiate the bend—it meant living the rest of his life knowing he'd killed his best friend. It also meant facing a prison sentence.

But a successful community-based restorative justice programme in Wanganui has managed to extract something positive from this otherwise tragic event.

Restorative justice kept Johnathon out of prison and will soon result in him telling his story to secondary school pupils throughout Wanganui.

Johnathon and Aaron had been inseparable friends, since childhood. They shared their time between each other's houses, with their parents treating each as their own sons.

On the night of Aaron's death they were out drinking with some other friends, one of whom asked Johnathon to drive his car. Johnathon had had some drinks, but thought he was okay to drive, as did the person who owned the car. (His blood alcohol level was later recorded at 117 milligrams per 100 millilitres of blood, 37 mg above the legal limit).

A police officer who stopped the car shortly before the accident did not have any concerns about Johnathon driving. After a short conversation the officer sent him on his way.

There was no evidence that Johnathon exceeded the speed limit as he tried to round the corner. The car hit a bank on the other side of the road and travelled along it for about 18 metres before rolling out onto the road. Aaron, who was not wearing a seatbelt, was thrown from the car and died at the scene. The other passengers, who were all wearing seatbelts, suffered minor injuries.

"This incident has had a profound effect on Aaron's family." Judge Becroft said in his sentencing notes.

"To hear of the effect of the death of their eldest child on his parents would draw tears from stone. Even more moving was their heartfelt and tearful plea, made in court, that you, (Johnathon) who have been like a brother to their son, in some ways like a son to them, not be imprisoned. For them that would be a second tragedy on top of the first and would achieve nothing.

"They strongly support the result of the restorative justice conference whereby there is agreement that you are to pay $4000 to cover costs for Aaron's headstone, for you to be disqualified (from driving) for three years and to undertake 200 hours of community service, and to undertake a comprehensive series of lectures to all five secondary schools in the Wanganui area, supervised by the restorative justice co-ordinator."

Judge Becroft told the court that is was a difficult and emotional sentencing. "Balancing the aggravating and mitigating factors, a prison sentence must be the starting point.

"The real issue however is that while there are no special circumstances justifying avoiding a prison sentence altogether, are there still sufficient circumstances whereby I could suspend that prison sentence?"

Judge Becroft decided to do so, saying that if there was ever a "case to justify suspension, this seems to be it." He emphasised that restorative justice was not a separate sentencing regime. "This result flows from the application of conventional factors, of which restorative justice is but one important consideration."

Johnathon was convicted and sentenced to 18 months imprisonment suspended for two years. The judge told the court that it was an unusual result. "Ordinarily a full-time prison sentence would result. You have been given a wonderful opportunity. The community will be watching. The obligations upon you are clear. If you slip up upon any of your obligations, then imprisonment must result."

The Wanganui Restorative Justice Trust was set up three years ago by a group of people keen to develop a restorative justice process in the city. This included Judge Becroft and representatives from the prison service, businesses and iwi.

Bruce Parr says he landed the job of co-ordinating the project as a result of being in the "right place at the right time."

Bruce (Ngati Huia), a former prison service worker and high profile entertainer, decided it was the challenge he'd been looking for.

The project deals with more serious offences - generally targeting recidivist offenders.

The process is entirely victim-focused.

Bruce says that the trust was fortunate to have the support from Judge Becroft (pictured below), as well as local police. "The police are 100 percent behind the project.

"We get referrals from the police and the court. I interview the offender to get a gut feeling about whether they're going to be worthy recipients. I contact the victim and explain the process and see if they want to be part of it."

Offenders must have pleaded guilty to be considered.

The project uses a community panel as a resource to act as volunteer support people at the restorative justice conference.

"I invite two of these panel members to each meeting. We try to match cultures and personalities. Their role is to advocate for both parties, to make suggestions on what we could achieve and to keep me safe so I'm not seen as being the judge, jury and hangman."

A contract is worked out between the offender and the victim, which is then presented back to the court.

In the last three years the group has had 250 referrals - 80 percent of which have gone to conference. Of these, 85 percent have completed their contract and "as far as we can determine the non-reoffending rate is consistently at 92 percent." Bruce says that Wanganui has experienced a drop in crime of close to 14 percent since the project began. Inspector Sam Hoyle says that restorative justice has, along with other initiatives, contributed significantly to this reduction.

Bruce says the key to Wanganui's success was the groundwork done in the initial months gaining local support for the programme.

CONTACT: Wanganui Restorative Justice Trust, P O Box 443, Wanganui, Phone (06) 343 9109, email: wrjt@ihug.co.nz

'Significant Step Forward'

I was pleased to attend the restorative justice hui held recently in West Auckland.

This hui was an initiative of those who have been developing various forms of restorative justice throughout New Zealand.

It was an opportunity to look at the partnership between the Department for Courts restorative justice project and community groups who have been at the forefront of restorative justice initiatives in our country.

There was recognition that incorporating restorative justice for adults into the criminal justice system was a significant step forward.

We were able to talk through what has been achieved so far and some of the challenges that are foreseen in the future.

One of the principles identified was that restorative justice needs community nourishing to succeed. There was a genuine concern that restorative justice shouldn't become cut off from communities and merely part of a formal structure.

Those who participated were keen to be able to follow the progress of the court-referred pilots while not losing sight of what was existing or developing in the various communities they represented.

Matt Robson
Minister for Courts

'Resounding Success'

More than 100 people from all over New Zealand attended the national restorative justice hui - Te Ara Hou - held in West Auckland in March.

Delegates included representatives from most of the country's community-based restorative justice groups, the Department for Courts and the court-referred restorative justice pilots.

Overseas experts from Australia, the United States, South Africa and Japan attended, as did the Minister for Courts, Matt Robson.

The principal focus of the hui was to see how restorative justice processes could remain community-based and continue to run parallel to the government pilots, says Restorative Justice Network national co-ordinator Jim Consedine.

The hui was "long overdue and very inclusive.

"There was a real spirit of co-operation and support built up among the varying groups who came."

Discussions took place about the relationship between community-based restorative justice processes and the government pilots.

"The hui was a resounding success, and hopes are high that another one can be held in 12 months to build on the positive effects of this one," says Jim.

Extract from 'Restore' publication, April 2002

Referrals Stream In

More than 260 cases have now been referred to the court-referred restorative justice pilot.

"It is really good to see the rate of referrals gradually increasing," says Department for Courts project manager Alison Hill.

"This reflects increased confidence in the system from judges, police and lawyers."

Restorative justice co-ordinators in the pilot sites are in continual contact with staff from other justice sector agencies and with voluntary groups, so that they are aware of the project and its potential benefits.

Victims 'Central to the Process'

Victims attending restorative justice conferences need to know it's okay to say how they feel, says New Zealand Council of Victim Support Groups' government relations and policy manager Marie Knight.

"It's not at all unusual to express anger."

Marie is on the court-referred restorative justice project's national liaison committee.

"The victim is central to the restorative justice process and Victim Support is concerned to ensure their full participation.

"It must be a process that brings healing and closure for them. Victims need to have good, accurate and full information about what it's going to be like at a conference."

Marie says that the restorative justice process forces an offender to face people whom they have hurt "human to human."

New Zealand has 67 Victim Support organisations spread throughout the country. The groups work in close partnership with the police and government departments, providing crisis intervention and ongoing support for victims as needed. Assistance includes practical and emotional support. Volunteer support workers "listen and let the victim tell their story.

"They help them to work towards making decisions that can help them reconstruct their lives.

" They make referrals to other agencies where appropriate." They also act as advocates for the victims if needed, and provide support during trials and other judicial processes.

The groups provide a 24 hour service. Finding volunteers is an ongoing challenge and one which Marie says has become harder with changing patterns of people's lives.

"People are working harder and volunteering less."

CONTACT: NZ Council of Victim Support Groups
P O Box 3017, Wellington, Phone (04) 470 7396,
email: marie@victimsupport.org.nz

Emotions High

Emotions ran high at the court-referred restorative justice pilot's first conference held in a prison.

"There were a lot of tears," says one of the conference facilitators, Heather Colby, who is part of the Hauraki Restorative Justice Trust.

The conference was held in March in Waikeria Prison, where the offender had been remanded in custody after pleading guilty to assault with intent to cause grievous bodily harm.

"Not everyone feels comfortable in a prison, so the venue had to be agreeable to all participants—particularly the victim."

Heather and co-facilitator Phil Macdiarmid liaised closely with the victim to ensure he felt comfortable with the environment.

The two facilitators were accompanied to the conference by a Maori representative from the Hauraki Restorative Justice Trust, Hazel Martin. Maori protocol was followed for the conference, with the offender's grandfather providing guidance about the kawa.

Prison authorities were well prepared for the conference and very supportive, says Heather.

The offending had taken place between members of a whanau. The conference ended with whanau members expressing forgiveness and offering support to the offender to try to turn his life around.

"The offender said he felt as if a weight had been lifted from his shoulders."

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.