PEOPLE-CENTRED JUSTICE SERVICES:
SOME EXAMPLES FROM NEW ZEALAND
Maria Marcos Gonzalez*
KEY WORDS: justice, modernising, reform, reducing crime
ABSTRACT
The New Zealand legal system is a product of the nation´s history. It is also the product
of thousands of years of European history and a thousand years of Maori history.
The New Zealand Ministry of Justice is changing in order to deliver modern, accessible,
people-centred justice services.
The New Zealand Ministry of Justice, the New Zealand Police, the Department of
Corrections, the Crown Law Office, the Serious Fraud Office and Child Youth and
Family (part of the Ministry of Social Development) work as a sector to make society
safer and provide accessible justice services.
The government has set ambitious Better Public Services targets for the justice sector:
to reduce overall crime by 15%, violent crime by 20%, youth crime by 25%, and reoffending by 25% by June 2017.1
I.
INTRODUCTION
New Zealand´s legal history is the story of the meeting of two distinct legal systems:
Maori and English. The two systems did not merge; instead the English system
dominated and effectively excluded the Maori system. English constitutional theory
stated that no other system of law could exist in a British colony.2 Only recently have
Maori legal concepts and approaches become incorporated into the formal legal system.
* Maria Marcos Gonzalez, Senior Lecturer in Procedural Law, Faculty of Law, University of Alcala
(Spain) and Visiting Lecturer at Te Piringa - Faculty of Law , University of Waikato (New Zealand)
2013.
1
Text of this Abstrac comes from The New Zealand Ministry of Justice website:
<http://www.justice.govt.nz>
2
“New Zealand, as a colony of Britain, inherited the common law legal system. It is a principle of the
common law that, in a settled colony, the colonists bring with them the laws from their country. The
English Laws Acts of 1854, 1858, and 1908 confirmed the application of English law (including the
common law), which was in existence as at 14 January 1840, to New Zealand. This legislation confirmed
New Zealand as a common law country” (Duncan Webb, Katherine Sanders, Paul G Scott The New
Zealand Legal System, Structures and Processes, 5th edn, LexisNexis NZ Limited, 2010, p 63)
1
The English system eventually metamorphosed into a unique New Zealand system,
though this process took over a century.3
While common law and constitutional traditions were evolving in England, Aotearoa
(NZ) was being settled by voyagers from the South Pacific. The Maori brought with
them their own rules and regulations. Over centuries, Maori developed an intricate set
of concepts to govern society.4 After the Treaty of Waitangi was signed between Maori
and the British Crown in 1840, the British legal system began to be implemented around
New Zealand. Its adaptation to the New Zealand context and the clash between this
system of law and indigenous customary law provide the key themes in New Zealand´s
legal history.5
The New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993 have created
a unique New Zealand approach to human rights jurisprudence. While the origins of this
legal system may be found in the courts of early England, the future lies with the
legislature of modern New Zealand.6
The New Zealand legal system continues down its unique path. While it will always
reflect the British common law tradition in some respects, it can no longer be regarded
as a miniature replica.7
Nowadays the New Zealand Ministry of Justice is changing in order to deliver modern,
accessible, people-centred justice services.
Many aspects of how they administer courts are outdated, with services built around
individual courthouses and relying heavily on people, paper and manual processes.8
So they are updating their systems, structures and technology to improve how they
deliver services to the public, and to give people greater choice about how they access
their services.
In modernizing their courts, they will ultimately create a system that is far easier and
simpler for the public to use and understand, delivers faster results, and is better for all
those working in it.9
3
Grant Morris Law Alive, The New Zealand Legal System in Context, 2nd edn, Oxford University Press,
Melbourne, 2012, p 2, p 23
4
Maori customary law, which had operated in New Zealand since the arrival of Polynesian voyagers
approximately 700 years before, was swept aside. In its place, New Zealand inherited the English
common law and statutory law. The English common law has a history reaching back into the early
Middle Ages, but the major development of the common law occurred around the twelfth century,
approximately the same time during which the first Maori settled in New Zealand (Grant Morris, p 26)
5
Mason H. Durie Aplication of the Treaty of Waitangi, Te Mana Te Kawanatanga, The Politics of Maori
Self-Determination, Oxford University Press, Melbourne, 2010
6
Grant Morris, p.35
7
Grant Morris p 35, p 36
8
Workload statistics for New Zealand courts and tribunals are now available online. See
<http://www.courtsofnz.govt.nz/from/statistics/annual-statistics>
9
The following text (Policy development and Justice sector) comes from The NZ Ministry of Justice
website: <http://www.justice.govt.nz>
2
II.
POLICY DEVELOPMENT
1. CRIMINAL JUSTICE
Sanctions imposed on offenders need to be credible to reassure the public of their safety
and help deter offending and re-offending. The New Zealand Ministry of Justice
supports the Government in ensuring:
there are appropriate consequences in place for offenders
that criminal justice processes are effective, efficient and fair
that there are restorative justice options available
In this section:
-
Restorative justice: They fund 24 community-based provider groups throughout
New Zealand to try and put things right for victims, hold the offender to
account and, as far as possible, repair the harm caused
-
Home detention: A review of the home detention sentence
1.1. RESTORATIVE JUSTICE
Courts in the New Zealand criminal justice system have considered outcomes from
restorative justice processes since the mid 1990s.
Since that time, restorative justice has grown as a movement, as part of a shared
government and community response to criminal offending, and in terms of availability
around New Zealand.10
Restorative justice has, at its heart, the notion of victim and offender coming face-toface as part of a restorative process for those involved. It is a process for resolving
crime that focuses on redressing the harm done to victims, while holding offenders to
account and engaging the community in the resolution of conflict. The main goal of
restorative justice is to provide opportunities for both victims and offenders to be
involved in finding ways to hold the offender accountable for their offending and, as far
as possible, repair the harm caused to the victim and community.
This is achieved through a meeting between the victim and the offender called a
restorative justice conference. At a conference, victims and offenders can tell their
stories, the harm caused can be acknowledged by all present, and the offender can
accept responsibility and give an apology. Finally, a discussion may be had about how
to work towards putting things right.
10
<http://www.justice.govt.nz/policy/criminal-justice/restorative-justice>
3
While there is no standardised process, often an agreement will result from the
conference which includes certain actions or activities to be completed by the offender
as part of taking responsibility for the offending or responding to some of the
underlying causes of this offending.
Restorative justice is a voluntary process. It will only take place if both the victim and
the offender agree to it. In addition to this, offenders must admit responsibility for the
offence before they enter the restorative justice process.11
The Ministry of Justice Restorative justice victim satisfaction survey 2011 found that12:
77% of victims were satisfied with their overall experience of restorative justice,
before, during and after the conference
74% of victims said they felt better after attending the conference
80% of victims said they would be likely to recommend restorative justice to
others in a similar situation
A. Availability of services in New Zealand
Restorative justice processes are used at various stages in the criminal justice system
including:
-
before conviction
before sentencing
during the sentence.
The New Zealand Ministry of Justice funds restorative justice processes after conviction
but before sentencing through community-based provider groups across New Zealand.
Budget 2013 announced an extra $4.42 million has been allocated for adult pre-sentence
restorative justice services for the next two years. As a result of this New Zealand
government investment and a recent tender process, pre-sentence restorative justice
services will be available from every court. The tender process selected providers with
the expertise and capability to deliver consistently high-quality restorative justice
services in greater numbers.
The funding translates to an additional 2400 restorative justice conferences, which will
be available to New Zealanders over the next two years. Currently, only about 6% of
eligible cases for restorative justice are being referred from the courts, which leaves
plenty of scope for more than double the number of cases to be referred to providers this
year.
11
http://www.justice.govt.nz/policy/criminal-justice/restorative-justice
Analysis shows a 20% reduction in re-offending by those who participated in restorative justice. The
frequency of offending for those who did re-offend dropped by nearly a quarter
(http://www.justice.govt.nz/policy/criminal-justice/restorative-justice)
12
4
B. What happens when a case is referred for restorative justice
A safe process is paramount when deciding whether a case is suitable for a restorative
justice conference.
Trained facilitators conduct a thorough assessment of the referred case to ensure it is
safe to proceed to conference, participation is voluntary, the victim feels safe and the
offender accepts responsibility. If any of these conditions are not met, the conference
will not proceed and the case is referred back to the court for sentencing. In general, this
occurs in about half of all cases referred for restorative justice.
Family violence and sexual violence cases are assessed and managed by specialist
facilitators working to new practice standards. Facilitators will also have links to other
specialist support services.
All providers and facilitators of restorative justice conferences must comply with the
Ministry's principles for best practice. This ensures a consisent and high standard of
practice nationwide.13
In addition to the pre-sentence restorative justice service, the NZ Ministry of Justice,
along with the Department of Corrections, is currently running a post-sentence
restorative justice pilot with 6 community-based provider groups. This service is being
piloted in Youth units and Maori focus units in 6 prisons across the country.
C. Restorative Justice at the NZ Ministry
The NZ Ministry of Justice administers funding for the delivery of Restorative justice in
the pre-sentence environment, and is the key government agency with oversight of
restorative justice in criminal cases in New Zealand. Currently, the Ministry manages
contracts for the delivery of restorative justice services in 35 courts. The Ministry funds
cases at the police diversion level, and more serious cases before the court where a
guilty plea has been made.
The Restorative Justice Team is responsible for delivery of the NZ Ministry’s
restorative justice functions. This includes providing policy advice to the Minister of
Justice on adult restorative justice, managing the programme of funding and contracts
with a range of restorative justice providers across the country and developing and
implementing operational policy and processes.
Current key pieces of policy work include contributing to the Minister's Review of
Victims' Rights, and the interagency Addressing the Drivers of Crime initiative, with a
particular view to how restorative justice processes and/or approaches may contribute to
these projects.
In addition, the team is currently working on developing services following an increase
of $2million in funding over this and the next two financial years. This includes
13
For more information, <http://www.restorativejusticeaotearoa.org.nz/>
5
supporting current providers to deliver greater volumes of services and considering
opportunities for expanding the areas in which restorative justice is currently delivered
and the approaches to delivering restorative justice services.
1.2. REVIEW OF THE SENTENCE OF HOME DETENTION 2007-2011
The sentence of home detention was introduced in November 2007. This sentence may
only be imposed where the court would otherwise have imposed a short-term sentence
of imprisonment, which is defined in the Sentencing Act as a sentence of two years or
less. A sentence of home detention requires an offender to remain at an approved
residence under electronic monitoring.
Home detention has several advantages over a short-term prison sentence in that
offenders can retain employment and access rehabilitative programmes in the
community, as well as allowing them to maintain family relationships. Home detention
is also a very cost-effective sentence. The cost of administering a sentence of home
detention is about one quarter of that of a term of imprisonment.
Balanced against these advantages, the fact that offenders remain in the community
means that they may have greater opportunity to commit further offences than they
would have had if they had been sentenced to a term of imprisonment. The review sets
out the data regarding the types of offences for which a sentence of home detention has
been imposed since its introduction in 2007, offences committed while offenders were
on home detention, and reoffending levels compared to short-term sentences of
imprisonment and more restrictive non-custodial sentences such as intensive
supervision and community detention.14
2. CRIME PREVENTION: YOUTH JUSTICE
Proactive policy development and support to prevent crime is critical to reducing
offending and the personal and social costs of crime.
Youth justice is a special section of the law that deals with offending by children aged
10 to 13 years, and young people aged 14 to 16 years.15
The Youth Crime Action Plan 2013-2023 (YCAP) is a 10-year plan to reduce crime by
children and young people and help those who offend to turn their lives around. It takes
a practical approach to support youth justice services, frontline workers, service
providers and volunteers.16
14
More information:< http://www.justice.govt.nz/publications/global-publications/h/home-detention-areview-of-the-home-detention-sentence-2007-2011/review-of-the-sentence-of-home-detention-20072011>
15
Read about the Youth Crime Action Plan 2013-2023: <http://www.justice.govt.nz/policy/crimeprevention/youth-justice/youth-crime-action-plan>
16
More information: <http://www.justice.govt.nz/policy/crime-prevention/youth-justice/youth-crimeaction-plan>
6
Government agencies will work together more closely and partner with Māori,
communities, parents, schools and others to tackle youth crime and the factors that lead
to offending.
YCAP sets out to make a difference to the children and young people behind the
statistics. It aims to stop problems before they develop, deal with young offenders fairly
but firmly when necessary and put systems in place to stop re-offending.
YCAP is centred around:
-
three overarching strategies
three key building blocks
30 practical actions
The three strategies shape how we will tackle youth crime. The three building blocks
provide essential support, such as leadership, coordination and information, to those on
the frontline. The 30 practical actions are a ‘to-do list’ of initiatives and milestones that
government agencies will put in place over the first two years of the plan.
YCAP also includes useful ‘best practice’ guidelines for those working with children
and young people, and information resources for the public.
YCAP builds on existing initiatives, such as the 2010 Fresh Start reforms, the
Children’s Action Plan, Whānau Ora and the Prime Minister’s Youth Mental Health
Project.17
3. SUPPORTING VICTIMS
A strong focus on victims in the criminal justice system helps reduce the cost and
impact of crime on individuals. It can also improve the effectiveness and efficiency of
the justice system and resolve cases more quickly. They work to:
-
minimise the financial and emotional effects of crime on victims
allow services for victims to be provided in a timely and credible way
A number of government and non-government agencies provide services to victims of
crime.18 They work with these agencies to provide advice and coordinate effective
services for victims19.
In this section:
- Enhancing rights review: Reviewing the rights of victims in the criminal justice
system
- Victims Centre: Development of a Victims Code
17
http://www.justice.govt.nz/policy/crime-prevention/youth-justice/youth-crime-action-plan
<http://www.victimsinfo.govt.nz/>
19
Additional support for victims of serious crime:< http://www.justice.govt.nz/policy/supportingvictims/new-entitlements-and-services-for-victims-of-serious-crime/additional-support-for-victims-ofserious-crime>
18
7
3.1. ENHANCING VICTIMS' RIGHTS REVIEW
A. Victims of Crime Reform Bill introduced - 16 August 2011
The Government has introduced to Parliament the Victims of Crime Reform Bill. The
Bill implements the reform package approved by Cabinet in March 2011.
The Bill will enhance victims’ rights and increase the responsiveness and accountability
of government agencies that provide services to victims.
The Bill includes amendments that will:20
-
-
-
strengthen the accountability of agencies and extend the application of general
rights of victims
widen the matters a victim can include in their victim impact statement, allow
victims to include a photograph or drawing with their statement, and provide
victims of serious offences with the right to read their statement to the court
widen the scope and improve the functioning of the Victim Notification System,
such as notifying victims when an offender is convicted for breaching release
conditions, and notifying more victims about the outcomes of bail hearings and
conditions relating to the victim or their family
increase the rights of victims of offending by children and young persons by
providing victims with the right to attend Youth Court and submit a victim
impact statement.
B. Reform package for victims approved - 20 April 2011
Cabinet has approved a reform package that will enhance victims’ role in criminal
justice processes, and improve how government agencies work alongside victims of
crime.
The package is a result of consultation by the Ministry of Justice with government
agencies, NGOs, legal groups, and the public. It covers the most critical legislative and
operational changes required to address the needs of victims.
Significant reforms in the package include:21
-
Reforming Victim Impact Statements
Improving the Victim Notification System
A Victims Code
A Victims Centre within the Ministry of Justice
Improving victim-prosecutor communications
New accountability requirements
20
More information: <http://www.justice.govt.nz/policy/supporting-victims/enhancing-victims-rightsreview>
21
More information: <http://www.justice.govt.nz/policy/supporting-victims/enhancing-victims-rightsreview>
8
-
Encouraging wider use of restorative justice
Enhancing rights of victims of offending by children or young persons
These reforms are the latest in a wide programme of work to address the needs of
victims of crime. They will build on the additional support for victims of serious crime
funded by the Offender Levy and work on alternative pre-trial and trial processes for
child witnesses.
3.2. VICTIMS CENTRE AND VICTIMS CODE
The Victims Centre has been established for an 18-month period from 1 July 2011, as
part of the Government’s review of enhancing victims’ rights in the criminal justice
system.22 The Centre has a mandate to oversee victims' rights and services, provide
information to people who work with victims, and improve the coordination of services
to victims. The Centre is not a frontline body providing services to victims, but is
positioned as a small centre within a policy team at the Ministry of Justice. A core role
of the Victims Centre is to develop a Victims Code, as required through the Victims of
Crime Reform Bill that is currently before Parliament.23
The purpose of the Victims Code is to make information available to victims about their
rights, the services provided to victims by government agencies and other organisations,
and the duties and responsibilities of agencies when dealing with victims. A draft Code
is to be provided to Cabinet by June 2012, with public consultation to follow. The Code
will come into force three months after the Victims of Crime Reform Bill receives
Royal Assent.24
4. JUSTICE SYSTEM IMPROVEMENTS
The Ministry of Justice is tasked with developing and delivering an effective justice
system that is accessible and cost-effective for New Zealanders.
To achieve this, the Ministry ensures that justice sector agencies collectively plan their
interventions, expenditure and services to increase their effectiveness.
Legislative changes have allowed for new tools and approaches, including a range of
changes to improve the functioning and efficiency of court processes.
The Ministry is also focused on improving the way it works, its capability and systems
and technology, so it can do its job more effectively and help the sector to meet current
and future challenges.
22
<http://www.justice.govt.nz/policy/supporting-victims/enhancing-victims-rights-review>
<http://www.legislation.govt.nz/bill/government/2011/0319/latest/DLM3942608.html>
24
For further information relating to the role of the Victims Centre, and the development of the Victims
Code, visit <www.victimsinfo.govt.nz.>
23
9
In this section:
-
Family Court reform: Reforms to improve the family justice system.
-
Child Witnesses in the Criminal Courts: Reforms to improve the way child
witnesses are treated in the criminal justice system
-
New Criminal Procedure: Changes implemented in 2012 and 2013 under the
Criminal Procedure Act 2011
-
Changes to court services
-
Disputes Tribunals improvements: Proposed changes to the Disputes Tribunals
that will allow more people to use them to resolve common disagreements.
Changes will also be made to increase the Tribunals’ transparency
4.1. CHANGES TO FAMILY JUSTICE
In March 2014 there will be changes to how the Family Court works. The changes are
designed to help families resolve their child arrangement matters outside of the Family
Court, wherever possible. To support this existing services and resources are being
improved and some new services are being introduced.25
A. What's changing
The Family Court will still be there to protect children and vulnerable people; in these
situations people will be able to apply directly to the court as they do now.
What’s changing is that the court will become a last resort when people can’t agree on
care of children matters. This is because the court is now part of wider family justice
system that puts more emphasis on people sorting out disputes about caring for children.
More out of court services will be available to help them do this including parenting
courses and dispute resolution.
The aim of the changes is to reduce the stress on children and families by avoiding the
conflict, delays and expense going to court can involve. Research shows that children
do better when they see their parents working together to take care of them after a
separation.
Many aspects of the family justice system are not changing including: adoption, care
and protection, child abduction, mental health, paternity, separation and dissolution
(divorce) applications, and powers to act on behalf of others.
25
More
reform>
information:<
http://www.justice.govt.nz/policy/justice-system-improvements/family-court-
10
B. New services to help people resolve disputes themselves
The Parenting Through Separation (PTS) course has been expanded and will be free of
cost. This course helps focus parents on the needs of children and how to keep them
away from conflict during their separation.
People will be able to use the new family dispute resolution (FDR) service. At FDR, a
trained mediator will try and help parents reach their own arrangements for how their
children will be cared for, without needing lawyers or a judge. People may need to pay
for this service and there will be funding for people who are eligible.
C. Going to court
If people still can’t agree they can apply to the Family Court. In most cases people will
have had to attempted both PTS and FDR first.
When a case goes to Family Court, people will be supported to navigate the court
independently for straightforward matters. Improved information, a simplified threetrack court system, and easy-to-use forms are being introduced to reduce the need for a
lawyer in routine matters.
D. Stronger focus on domestic violence
The maximum penalty for breaching a protection order has been increased from two
years to three years imprisonment. The definition of domestic violence has been
broadened to include financial abuse. Amendments to the Domestic Violence Act will
make non-violence programmes safer and more effective. It also allows people under a
protection order to request a safety programme at any time.
4.2. CHILD WITNESSES IN THE CRIMINAL COURTS
Cabinet has approved a package to improve the way child witnesses are treated in the
criminal justice system. The reforms will help ensure that appearing in court is less
traumatic for child victims and witnesses.26
Reforms in the package are:
-
Ensuring all child witnesses under 18 have an automatic right to a support
person when giving evidence at court
A legislative presumption that child witnesses will give their evidence in chief
via the video record of their interview with Police or, where this is not available,
via CCTV or from behind a screen.
The Ministry of Justice will also work with the judiciary and the New Zealand Law
Society to improve the availability of guidance and training on questioning child
witnesses.
26
Read more about the Evidence Act Amendments 2006:
<http://www.justice.govt.nz/publications/global-publications/a/amendments-to-the-evidence-act-2006
11
In addition to these reforms, the Ministry of Justice has published National Guidelines27
to help deliver greater consistency between agencies in how child witnesses are
supported through the criminal justice system. A leaflet28 has also been developed to
provide information on the criminal justice system and where families can get support.
The Ministry also has a number of further resources for young witnesses.29
4.3. NEW CRIMINAL PROCEDURE
The Criminal Procedure Simplification Project was established in October 2007 to
review, and reform New Zealand's criminal procedure. That project resulted in the
Criminal Procedure Act 2011 and a project being set up to implement the Act.
The Criminal Procedure (Reform and Modernisation) Bill received Royal Assent on 17
October 2011.
On 1 July 2013, the final stage of Criminal Procedure Act 2011 commenced,
introducing the biggest overhaul of the criminal justice system in 50 years.30 The
resulting changes will simplify and streamline court processes and cut out unnecessary
steps.
More information on the criminal processes from 1 July 2013 is available from the
Information for legal professionals webpage.31 This includes the final forms and notices
for use by legal professionals, and also incorporates information contained in infosheets
developed by the Criminal Procedure Act Implementation project.
Because of the wide range of people affected by the criminal justice system, better
processes will have benefits for:
-
victims, who should receive justice without delay
defendants, who have the right to a fair trial and to know the
outcome of the case against them in a timely manner
witnesses, who have to attend court to give evidence
taxpayers, who largely bear the cost of the system
4.4. CHANGES TO COURT SERVICES
The Ministry is making changes to modernise and improve how they deliver court
services.
27
http://www.justice.govt.nz/publications/global-publications/n/national-guidelines-for-agencies-workingwith-child-witnesses>
28
<http://www.justice.govt.nz/publications/global-publications/p/parents-and-whanau-of-youngwitnesses>
29
<http://www.justice.govt.nz/publications/court-users/young-witnesses>
30
See Consultation documents: <http://www.justice.govt.nz/courts/modernising-courts/new-criminalprocedure/background>
31
<http://www.justice.govt.nz/services/information-for-legal-professionals>
12
This involves moving from a system where people have to go to courthouses for most
services, to one that has simpler processes and makes better use of technology,
resources and infrastructure.32
The main change involves using courts for hearings and delivering other services in
more modern ways.
Since March 2013 eight small underused courts have been used for hearings only as
required, rather than being open five days a week. Hearing courts operate successfully
in areas of low demand with the registry support provided from a larger neighbouring
court. Keeping these eight courts on this basis ensures there is a broad coverage of
places throughout the country where people can have hearings locally.
4.5. DISPUTES TRIBUNALS IMPROVEMENTS PROPOSALS
The Government has announced proposed changes to the Disputes Tribunals that will
allow more people to use them to resolve common disagreements. Changes will also be
made to increase the Tribunals’ transparency.
The Disputes Tribunals provides a quick, simple and inexpensive way for individuals
and businesses to resolve civil disputes involving relatively small amounts over issues
such as goods, services and property damage.
The proposed changes include:
-
-
Allowing Disputes Tribunals33 to deal with claims of $30,000 or less. Currently,
individuals and businesses with civil claims can go to a Disputes Tribunal if the
disputed amount is $15,000 or less, or up to $20,000 if all parties agree.
Requiring newly appointed referees to have appropriate qualifications or training
such as legal, mediation or arbitration qualifications or training
Requiring hearings to be open to the public and the media except when the
referee is mediating an agreement or privacy is needed
Requiring referees to give reasons for their decisions in writing
Publishing decisions online unless there is good reason not to do so
Allowing disputes to be reheard only once in most circumstances.
The Government will introduce a Bill to implement the changes in 2014.34
4.6. ALCOHOL AND OTHER DRUG TREATMENT (AODT) COURT
PILOT
32
See also Auckland District Courts Improvements: <http://www.justice.govt.nz/courts/districtcourt/asdp>
33
The Disputes Tribunal provides New Zealanders with a quick, inexpensive, informal and private way to
help resolve a wide range of civil disputes. Disputes Tribunals are not like the formal courts. There are no
lawyers or judges. A referee who has been carefully selected and trained hears a dispute. Any ruling they
make is binding and will, if necessary, be enforced by the courts. More information:
<http://www.justice.govt.nz/tribunals/disputes-tribunal>
34
More information: <http://www.justice.govt.nz/policy/justice-system-improvements/disputes-tribunalsimprovements>
13
The AODT Court is a pilot designed to supervise offenders whose offending is driven
by their alcohol or other drug (AOD) dependency.35 The AODT Court focuses on
treating a defendant’s AOD dependency to help prevent them from committing further
crime.36
The AODT Court pilot aims to:
-
reduce reoffending
reduce alcohol and other drug use and dependency
reduce the use of imprisonment
positively impact on the defendant’s health and wellbeing, and
be cost-effective.
People who are selected for the AODT Court and agree to take part will have their case
put on hold prior to sentencing to allow them to enter an intensive treatment programme
for their AOD dependency (or moderate to severe addiction). This is not an easy option
– the programme takes commitment and the defendant will still be sentenced for their
crime. If their participation in the addiction treatment programme is successful, this can
be taken into account when they are sentenced.
The AODT Court Pilot will sit weekly in both Waitakere and Auckland District Courts
and will cater for around 100 participants per year (50 in each court).
The court is aimed at defendants who suffer from an AOD addiction or dependency and
their offending has been driven by this. It provides selected defendants the opportunity
to participate in an AOD treatment programme prior to sentencing.
The court will focus on treating the cause of the offending rather than the offending
itself and aims to reduce reoffending as result.
III.
JUSTICE SECTOR
In this section:
-
About the justice sector: Why and how they collaborate – the criminal justice
‘pipeline’; the Justice Sector Leadership Board and Fund.
-
Addressing the drivers of crime: An all-of-government initiative to prevent
crime by addressing its causes.
-
Better Public Services: Reducing crime: Achieving the Government’s targets to
2017 - previous trends, action plans and measuring results.
35
It was officially launched on 01 November 2012. See
<http://www.national.org.nz/Article.aspx?articleId=39729>
36
<http://www.justice.govt.nz/courts/district-court/alcohol-and-other-drug-treatment-aodt-court-pilot-1>
14
1. ABOUT THE JUSTICE SECTOR
The NZ Ministry of Justice is the lead agency in the justice sector, which includes the
New Zealand Police, the Department of Corrections, the Crown Law Office, the Serious
Fraud Office and Child Youth and Family (part of the Ministry of Social Development).
The sector collaborates to reduce crime and enhance public safety; and to provide
access to justice by delivering modern, effective and affordable services.
The justice sector has seen success over the past few years. In 2011, the recorded crime
rate reached a 30-year low. As criminal justice makes up about 80% of justice sector
spending, falling crime, fewer people entering the system, and fewer people in prison
means the sector can switch focus from dealing with volume to improving performance.
New technology provides the opportunity to improve service delivery and modernise
our operating models.
1.1. THE CRIMINAL JUSTICE PIPELINE
Working as a sector recognises that there is a "pipeline" across the criminal justice
system. It extends from the investigation of crime to arrest and prosecutions, through to
courts, sentencing, and sentencing management and rehabilitation. It means policies and
approaches in one part of the system can have significant effects on others.
1.2. THE JUSTICE SECTOR LEADERSHIP BOARD
Working as a sector requires a different leadership approach. In 2011, a Sector
Leadership Board - comprising of the chief executives of Police, Justice and Corrections
- was established.
The Board, with the Secretary for Justice as its chair, is responsible for driving
performance across the justice system, coordinating the major change programmes
underway and collectively planning to modernise the sector, reduce costs, improve
services, and further enhance public safety.
The Board is supported by a Sector Group within the Ministry of Justice.
15
1.3. THE JUSTICE SECTOR FUND
Established in May 2012, the Justice Sector Fund is a funding pool that allows savings
to be transferred between justice sector agencies and across years.37
The fund provides flexibility for savings to be redirected into the wider justice sector’s
highest priorities, rather than being restricted to reinvestment in the same Vote.
2. ADDRESSING THE DRIVERS OF CRIME
The 'drivers of crime' refer to the underlying causes of criminal offending and victims'
experiences of crime. It recognises that certain circumstances of people's lives are
associated with a greater likelihood of offending and victimisation.
2.1. WHAT ARE THE DRIVERS OF CRIME?
The underlying drivers of crime represent the most difficult problems in our society
today - stemming from risk factors within family, community and educational
environments.
The underlying drivers of crime are inter-related, yet many services are focused on
dealing with a single issue. For example, special education needs or substance abuse.
Addressing the Drivers of Crime involves:
-
a shared responsibility across a range of government agencies and service
providers38
- a focus on improved value for money through better co-ordinated, better targeted
and more effective services and programmes
- a particular focus on improving outcomes for Māori
- providing the right services, at the right time, to the people most in need of
them.
2.2. EFFECTIVE RESPONSE
Co-ordinated Drivers of Crime action is targeted at:
-
early prevention
treatment for specific needs related to offending
justice sector responses that reduce re-offending.
In this section:
37
38
-
Working together: New approaches to inter-agency work is addressing gaps and
improving service.
-
Four priority areas: Current progress and background information on the
different priority areas.
More information: <http://beehive.govt.nz/release/justice-sector-funding-pool-better-results>
More information: <http://www.justice.govt.nz/justice-sector/drivers-of-crime/who-is-involved>
16
A. Working together
Addressing the Drivers of Crime is a whole-of-government approach to reducing
offending and victimisation, with a particular focus on improving outcomes for Māori.
The Social Sector Forum, which is made up of chief executives from major government
departments, leads on the Drivers of Crime work.
Strengthening and building inter-agency working is vital to success. Inter-agency
groups work on each of the four Drivers of Crime priority areas.39
During 2010 the groups have:
-
-
shared information about their current activities and services. For example, what
services are available for children with conduct and behavioural problems and
their families
researched potential issues caused by referrals between services for people with
young children
agreed joint solutions to address gaps and fragmentation. For example,
collaborative work to improve alcohol and drug treatment for offenders; and to
provide better coordinated services including community-based solutions to
support rehabilitation.
Addressing the Drivers of Crime is being progressed in stages.
The first action phase, from July 2010 to June 2011, was about more effective and coordinated government action.
B. Drivers of crime priority areas
Work under Addressing the Drivers of Crime is separated into four priority areas. The
focus of each priority is on providing better and co-ordinated services to people who
need the most support.40
This approach is an integral part of transforming the wider social sector to provide
individuals, families and communities with what they need.
Four priority areas:
1) Improving maternity and early parenting support.41 Work to improve the
quantity, quality and effectiveness of maternity and early parenting support
services, particularly for those at risk.
39
<http://www.justice.govt.nz/justice-sector/drivers-of-crime/drivers-of-crime-priority-areas/drivers-ofcrime-priority-areas#documentContent>
40
More information: <http://www.justice.govt.nz/justice-sector/drivers-of-crime/drivers-of-crimepriority-areas/drivers-of-crime-priority-areas>
41
<http://www.justice.govt.nz/justice-sector/drivers-of-crime/drivers-of-crime-priority-areas/progress-todate-improve-maternity-and-early-parenting-support>
17
2) Addressing conduct and behaviour problems in childhood.42 Severe conduct and
behavioural problems in childhood are among the most important predictors of
later chronic antisocial behaviour, including crime.
3) Reducing harm from alcohol and improve treatment.43 Alcohol-related crime
imposes high costs on the criminal justice and health sectors, and on victims.
When alcohol is consumed in excess, or by children and young people, it is
linked to serious issues.
4) Managing low-level repeat offenders.44 Supporting and diverting low-level
offenders away from long-term patterns of offending can reduce crime.
3. BETTER PUBLIC SERVICES: REDUCING CRIME
The government has set ambitious Better Public Services targets for the justice sector:
to reduce overall crime by 15%, violent crime by 20%, youth crime by 25%, and reoffending by 25% by June 2017.
The justice sector has had a successful few years, with the recorded crime rate in 2012
reaching a 32-year low. Reducing the crime rate by a further 15% is a challenge, but one
we’re well placed to achieve.
In this section:
-
See Achieving their targets to find out about their action plans to reduce
opportunities for crime, target vulnerable youth and youth offenders, reduce
alcohol and drug abuse, and reduce re-offending.
-
See Progress updates for the latest results against their targets.
-
Read about Previous trends in the justice system for an overview of the
patterns in crime, violent crime, youth crime and re-offending in New
Zealand prior to 2012.45
-
See Measuring results for detail on how their results will be reported and
recorded and links to crime data.46
42
<http://www.justice.govt.nz/justice-sector/drivers-of-crime/drivers-of-crime-priority-areas/addressingconduct-and-behavioural-problems-in-childhood>
43
<http://www.justice.govt.nz/justice-sector/drivers-of-crime/drivers-of-crime-priority-areas/reducingharm-from-alcohol-and-improving-treatment>
44
< http://www.justice.govt.nz/justice-sector/drivers-of-crime/drivers-of-crime-priority-areas/managinglow-level-repeat-offenders>
45
<http://www.justice.govt.nz/justice-sector/better-public-services-reducing-crime/previous-trends>
46
<http://www.justice.govt.nz/justice-sector/better-public-services-reducing-crime/measuring-results>
18
3.1. ACHIEVING THEIR TARGETS
Their Results Action Plan sets out a roadmap for achieving the targets – by reducing
opportunities for crime, targeting vulnerable youth and youth offenders, reducing
alcohol and drug abuse, and reducing reoffending.47
Across the justice sector and social sectors, supporting work is underway:
-
-
-
-
-
Addressing the Drivers of Crime is a whole-of-government priority that seeks to
prevent crime by strengthening families and communities, reducing the impact
of the facilitators and contributors to crime, and delivering effective justice. It
has a particular emphasis on reducing Maori crime and victimisation.48
Prevention First (NZ Police)49 is the operating strategy for New Zealand Police
2011-2015. It puts prevention at the forefront of everything Police do, ultimately
to reduce crime and crashes, and make New Zealand a safer place to live, visit
and to do business.
Policing Excellence (NZ Police)50 is a major change programme enabling Police
to deliver better outcomes for victims, reassure communities, help stem the flow
of cases into the criminal justice pipeline, and provide better and more consistent
services throughout the country. Elements of Policing Excellence are
incorporated into the Prevention First operating strategy.
Improved rehabilitation and reintegration (Department of Corrections)51 will
reduce reoffending through innovative approaches, finding local solutions to
local problems and by engaging all Corrections staff in the effort to help
offenders turn their lives around.
Fresh Start reforms (Child, Youth and Family)52 focus on serious and persistent
young offenders who agencies need to work with more intensively, holding
them to account while still giving them the support and interventions that will
address the underlying causes of their offending behaviour.
Other Better Public Services targets to Reduce long-term welfare dependency,53 Support
vulnerable children,54 and Boost skills and employment55 will make an important
contribution to our reducing crime targets.
47
See Delivering Better Public Services: Reducing Crime and Reoffending Result Action Plan
<MOJ0026_Sector-Delivering BPS_v7.pdf>
48
<http://www.justice.govt.nz/justice-sector/drivers-of-crime>
49
<http://www.police.govt.nz/sites/default/files/resources/strategic/prevention-first-strategy-20112015.pdf>
50
<http://www.police.govt.nz/about-us/programmes-initiatives/policing-excellence>
51
<http://www.corrections.govt.nz/working_with_offenders.html>
52
<http://www.cyf.govt.nz/youth-justice/fresh-start.html>
53
<http://www.ssc.govt.nz/bps-reducing-dependence>
54
<http://www.ssc.govt.nz/bps-supporting-vulnerable-children>
55
<http://www.ssc.govt.nz/bps-boosting-skills-employment>
19
3.2. PROGRESS UPDATES
Result 7: Reduce the recorded crime rate by 15 percent, the violent crime rate by
20 percent and the youth crime rate by 25 percent
Progress update for the year to June 2013
The recorded crime rate in the year to June 2011 was already the lowest in 30 years. In
the year to June 2013, all measures are on track to meet the targets. Compared to the
base period of June 2011:
-
the recorded crime rate fell 12 percent
the violent crime rate fell 8 percent
the youth crime rate fell 19 percent.
There were 48,654 fewer crimes, 3,014 fewer violent crimes, and 1,319 fewer court
appearances by 14 to 16 year olds than during the year ended June 2011.
Trends are consistent with those observed in similar countries. Important contributors
are likely to include increased emphasis on prevention, positive or neutral demographic
trends, and improved drug and alcohol rehabilitation.
Result 8: Reduce the re-offending rate by 25 percent
Progress update for the year to June 2013
Overall, the re-offending rate has fallen 11 percent since June 2011 and is on track to
meet the target.
Among others, contributors to this widespread decline include the Policing Excellence
programme, with its emphasis on alternative resolutions, and the Department of
Corrections’ investment in enhancing rehabilitation services across the offender
population.
The full impact of the roll-out of rehabilitation measures on re-offending is anticipated
to become evident in the next two years.
20