Guidance
Restorative justice and the family group conference – section 258(2)
A family group conference convened for an alleged offence by te tamaiti or rangatahi can consider whether they should be prosecuted for the offence or whether they can be dealt with in some other way, including restorative justice.What restorative justice is
Restorative justice is a process that provides opportunities for both the victim and the person who has offended against them to find ways to hold that person accountable for their offending, try to restore oranga and repair the harm caused to the victim and community.
Restorative justice enables victims to:
- meet or communicate with the person who has offended against them to explain the real impact of the crime
- feel empowered to participate effectively in dialogue or mediation
- take an active role in directing the exchange that takes place, as well as defining the responsibilities and obligations of those who have offended.
Effective restorative justice helps te tamaiti or rangatahi demonstrate that they understand the impact of their offending and take accountability. The process enables healing and restoration for victims and tamariki and rangatahi, and can play an important role in reducing the likelihood of te tamaiti or rangatahi re-offending and in supporting safer communities.
Achieving restorative justice also requires a strong voice of te tamaiti or rangatahi at the family group conference. Strengthening their voice and that of the victim at the conference supports a child-centred and victim-focused approach to the process of the youth justice family group conference.
Restorative justice also means that consideration is still given to how restoration can be made even if a victim of offending chooses not to attend the family group conference or to have someone attend to represent them or provide submissions to be read at the family group conference.
Examples of restorative justice actions within a family group conference
- Te tamaiti or rangatahi apologising to the victim – in person or by letter
- Te tamaiti or rangatahi making a gift for the victim or donating to a charity of the victim’s choosing
- Te tamaiti or rangatahi and their whānau or family paying reparation to the victim or working for the victim as compensation
- Victims explaining to te tamaiti or rangatahi how they have been affected and having a say in how the harm can be repaired
- Te tamaiti or rangatahi understanding the harm that has been caused to the victim
- Giving te tamaiti or rangatahi the opportunity to make amends in their own way
- Whānau or family being part of any action or process, including cultural approaches to restorative justice
When it happens
Restorative justice actions must be considered at all family group conferences convened under section 247(a), (b), (d) and (e) of the Oranga Tamariki Act 1989.
Who does it
The youth justice coordinator has the primary responsibility for convening the family group conference and must ensure that the potential for restorative justice actions is fully explored with the participants during the preparation for the conference and during the conference itself.
How to do it
The youth justice coordinator helps facilitate discussion about restorative justice actions as part of convening the youth justice family group conference, holding the conference and developing the plan.
1 Engage with the victim, te tamaiti or rangatahi and their whānau or family
When convening a family group conference, the youth justice coordinator:
- explains what restorative justice is to each participant
- checks that they understand the concept
- works with the participants to identify different restorative justice actions that may be considered at the family group conference
- strongly encourages each person to attend the conference
- encourages victims of offending who can't attend to develop a submission to be read at the family group conference that includes details of the impact of the offending and any restorative actions they would like the conference to consider
- explains that there is also a formal restorative justice process that can be arranged with community-based providers that can be progressed after the family group conference if appropriate and if everyone agrees.
List of restorative justice providers | Ministry of Justice
2 Ensure restorative justice actions are discussed at the conference
The youth justice coordinator provides a safe environment for full and meaningful participation in the family group conference for the victim, te tamaiti or rangatahi and their whānau or family. The coordinator strives to create an environment at the conference that supports the oranga and mana of those participating, helps change the balance of power between the victim and te tamaiti or rangatahi and has a focus to put right the wrongs.
The family group conference considers and agrees (or not) to restorative justice actions being included in the plan.
The youth justice coordinator reminds the conference that, when considering those actions, they must be weighed against the 4 primary considerations for all youth justice practice, including family group conferences:
- the wellbeing and best interests of te tamaiti or rangatahi, and
- the public interest (which includes public safety), and
- the interests of any victims, and
- the accountability of te tamaiti or rangatahi for their behaviour.
Section 4A(2) of the Oranga Tamariki Act 1989
Principles – section 208 of the Oranga Tamariki Act 1989
3 Include any agreed actions in the plan
If the family group conference participants develop restorative justice actions and agree to include them in the family group conference plan, the youth justice coordinator writes them in the plan and includes the following details:
- what the action is
- the name of te tamaiti or rangatahi who is to complete it
- the person responsible for making sure it is implemented
- the timeframe for completion
- the person responsible for ensuring the action is completed
- details about how the victim will be informed of progress in implementing decisions, recommendations or plans as agreed at the family group conference.