Restorative justice processes have become an important part of the Australian and New Zealand criminal justice landscape. Restorative justice is used for a range of offence types, at various stages of the criminal justice system and with both adult and juvenile offenders.

Although there are many definitions of restorative justice, the following definition by Tony Marshall has gained widespread acceptance: ‘[restorative justice is] a process whereby all the parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of the offence and its implications for the future’ (“The evolution of restorative justice in Britain” (1996) European Journal on Criminal Policy and Research 4(4): 21-43 at 37). While there are a number of reasons for using restorative justice programs within Australian and New Zealand, in general, restorative justice measures seek to actively involve offenders, victims and communities in the criminal justice process and repair the harm caused by crime.

This web page provides an overview of restorative justice programs for criminal matters or programs that operate under restorative justice principles across Australia and New Zealand. It also contains links to New Zealand, Commonwealth, State and Territory websites which contain specific information on these restorative justice programs.

Development of Restorative Justice in New Zealand and Australia

New Zealand

The Children, Young Persons and Their Families Act 1989 brought about major reform to the way juvenile justice and family welfare were addressed in New Zealand. This Act aimed to include elements of traditional Māori practices of conflict resolution, while also setting out new principles and process for the juvenile justice system. Initially, the legislation did not specifically mention the term ‘restorative justice’. In 2002, restorative justice was formally recognised in New Zealand legislation.

Today, the scope of restorative justice programs in New Zealand has broadened and includes a range of minor to serious offences for both adult and juvenile offenders.

In the adult criminal justice system, restorative justice is a voluntary, relatively informal victim-centred process, that gives victims an opportunity to tell the offender how they have been affected by the crime, receive an apology, and suggest how the impact of the offence could be addressed. Restorative justice processes for adult offenders receive formal statutory recognition in the Sentencing, Parole and Victims' Rights Acts 2002 and the Corrections Act 2004.

Australia

It has been said that the development of restorative justice processes in Australia has been greatly influenced by the conferencing model developed in New Zealand. By the 1990s, all Australian States and Territories had developed a conferencing program for young offenders, and most had done this with the aim of diverting offenders from the criminal justice system. By 2007 all Australian States and Territories had legislated the use of restorative justice within their criminal justice systems.

Restorative Justice Today

Restorative justice is a broad concept and many justice programs incorporate restorative justice components. The restorative justice programs referred to in this overview are focused on activities that require a particular offender to consider the needs of a particular victim.

There is considerable variation in restorative justice programs across Australia. Restorative justice practices used in Australia occur at different stages of the criminal justice system such as arrest, diversion, pre-sentencing, prosecution, actions in parallel with court decisions and on release from prison.

In the New Zealand adult criminal justice system, restorative justice can occur as part of the Police Adult Diversion process, before sentencing (following a guilty plea, to inform sentencing), and after sentencing (as part of parole and re-integration into the community).

Practices and programs include conferencing, victim-offender mediation, circle sentencing and meetings between offenders and victims in correctional institutions. Conferencing is the most common type of restorative justice process currently used in both Australia and New Zealand. Forms of contact between victim and offender include:

• Face-to-face meetings
• Exchange of written or emailed statements between participants
• Exchange of pre-recorded videos between participants
• Teleconferencing and videoconferencing
• Representative speaking on behalf of a victim (family member, friend, community representative).