Restorative Justice Aotearoa Dinner

I begin by greeting everyone in the languages of the realm of New Zealand, in English, Māori, Cook Island Māori, Niuean, Tokelauan and New Zealand Sign Language.   Greetings, Kia Ora, Kia Orana, Fakalofa Lahi Atu, Taloha Ni and as it is the evening (Sign)

I specifically greet you: Mike Hinton, Chairperson of Restorative Justice Aotearoa and your fellow Executive members; Meryl Dixon and Hon Mark Burton, Executive Officer and Project Manager respectively; Ladies and Gentlemen.

My wife Susan and I welcome each of you to Government House Vogel in Lower Hutt for this dinner for Restorative Justice Aotearoa.

Tomorrow sees the start of a two-day national restorative justice practitioner's conference here in Wellington organised by your organisation in combination with the Ministry of Justice.

On the eve of your gathering, I would like to take this opportunity to reflect on the development of restorative justice and practices in New Zealand, some experiences of it myself and where things may be headed in the future. 

Restorative justice has had a reasonably long genesis.  If one thinks of it as a mechanism to listen and examine the results of harm done and as a mechanism to arrive at what might be done to address the harm done, then our country's Waitangi Tribunal legislation, its Ombudsman methodology and the work of the Race Relations Conciliator and the Human Rights Commission have an part in the story.

It was, of course, the development of the Youth Court in the late 1980s and the installation of Family Group Conferences that brought into the official legal landscape for the first time.  It is here that it seems apprpriate to speak of one of our country's legal heroes - Judge Mick Brown a legendary lawyer and advocate who made a wonderful contribution as a Judge and became the first Principal Youth Court Judge in 1989 when the Youth Court started.  It was his pioneering approach to judging, working under the 1974 Childrens and Young Persons Act that led to the new procedures.  I bring to mind how Judge Brown influenced change to make the defendant the most important person for whom everyone's attention needed to be focused.

For completeness, alternative dispute resolution mechanisms, such as mediation and arbitration, which have come to be used in civil, employment and environment jurisdictions can also be said to be part of the development of restorative justice.  

The courts have long recognised that a dispute resolved through means other than full adversarial hearings, may cost less, take less time and many times achieve a result that the parties are more likely to honour in the long term.  Mediated resolutions devised with the contribution of those directly affected can also be far more creative in their "remedies."

Restorative justice was seen initially as being too radical to be workable in the traditional adversarial system underpinning the adult criminal courts. At a District Court Judge's National Conference in 1994, another colleague of the time and restorative justice pioneer too, Judge Fred McElrea, proposed introducing restorative justice to the adult criminal jurisdiction.

His speech was noted in a number of spheres and the idea gathered momentum subsequently being picked up by the Government and the Sentencing Act 2002 has seen restorative justice provisions enshrined in law for adult offenders.

That momentum has continued.  Your organisation, Restorative Justice Aotearoa, as an organisation for practitioners, was incorporated in 2005 and registered as a charity two years later.   With some 35 organisational members, I am advised that the RJA is working with the Ministry of Justice on accreditation practices and standards for providers in the sector.

Both Susan and I have had connections with some of the developments since being coming to the Governor-General role.

In September 2006 I had the pleasure of opening the Restorative Justice Centre Aotearoa at AUT University in Auckland and a year later I launched Restorative Justice and Practices in New Zealand, a book published by Victoria University of Wellington's Institute of Policy Studies.  

As well, Susan also launched a report entitled, Respectful Schools, co-published by the Institute of Policy Studies and the Office of the Children's Commissioner at Victoria University in February 2007.

What I have related suggests that restorative justice and its practices have begun to mature elsewhere.  From a concept initially applied in the youth justice and family law arenas, it has progressed far wider and, for example, is now increasingly being applied in resolving disputes and disciplinary matters in the education sector.

There is considerable potential for restorative practices to be applied elsewhere.  The health sector, for example, is another area where I understand the potential for restorative practices is being explored.

However, while restorative practice has begun to mature, the goal of a restorative society is one we must all continue to strive toward.  Like peace itself, creating a restorative society is not achieved by victory, but by constant work.  As the Rev Martin Luther King Jr once said: "Peace is not merely a distant goal that we seek, but a means by which we arrive at that goal."    

And on that note, sending support for what has happened and what lies ahead, I will close in our country's first language Māori, offering everyone greetings and wishing you all good health and fortitude in your endeavours.   No reira, tēnā koutou, tēnā koutou, kia ora, kia kaha, tēnā koutou katoa.