Restorative justice is an opportunity for offenders, whose actions have caused harm, and victims who have been harmed, to meet face to face (kanohi ki te kanohi). Restorative justice is separate from any other processes that might be occurring (such as a Court case) at the time.

Meeting face to face in a safe space gives parties the opportunity to talk about what happened, how they have been affected, and what can be done to help right the wrong. This can assist with the healing process and enable people to move on from the event. Participation in restorative justice can also reduce the likelihood that someone will reoffend.

Restorative justice has been around for hundreds of years and used by societies across the world. Traditionally, Māori use restorative practices to address wrongs.

Since 2014 restorative justice has been part of Aotearoa New Zealand’s justice system. It has also been adapted and used by some schools and kura.

A conference is the formal name for the meeting between all the parties involved after an offence has been committed. During a conference victims can share how they have been affected, and offenders can take responsibility for their actions.

Any affected party. Victims and offenders can ask to participate in restorative justice. Participation could be suggested by Police, Victim Support, or a lawyer, or a case can be referred by a Judge.

No. It is a voluntary process. No one can be forced to participate in restorative justice.

Restorative justice facilitators, the offender, the victim and support people (lawyers and victim support advocates can be support people). Sometimes there might be a representative from the community to talk about the impact that the offending has had on the community. Where appropriate we can provide a professional interpreter.

Restorative justice facilitators create a safe space for all parties to share their story and the impact that the offending has had on them. Facilitators must keep confidentiality. They will use questioning and techniques to help guide the conversation so everyone feels safe to participate and parties can save everything they need to that will help them move forward.  

The facilitators also write a report which is sent to the judge if the case is a court case. A copy is also sent to those who participated in the conference.

Facilitators do not take sides, they don’t give advice, make rulings, or decide how the harm should be put right.

The judge reads the report and considers it when deciding on a sentence. He or she might read parts of the report during the court process. Aside from that the report is confidential and the restorative justice process is a confidential one.

Most cases that come before the courts are suitable for restorative justice. Once a case is referred to us our facilitators will read the summary of facts and contact each individual to assess whether the case is appropriate for the restorative justice process. Part of this assessment is to make sure it would be safe for all parties to participate in the process. If a facilitator decides a case is not appropriate for restorative justice, they will contact the parties to explain why it’s not suitable.