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Three Entry Points into Restorative Justice in New Zealand
Restorative Justice (RJ) in New Zealand is a transformative approach to addressing the harm caused by crime and conflict. Rather than focusing solely on punishment, RJ emphasizes healing, accountability, and the active participation of those most affected — victims, offenders, and the community. In New Zealand, there are three main avenues through which cases can enter the Restorative Justice process: pre-charge, post-charge (court-referred), and post-sentence. Each avenue serves a specific function within the justice system and offers unique opportunities for resolution and restoration.
1. Pre-Charge Restorative Justice
No Direct Government Funding
The pre-charge avenue is the earliest possible entry point into the RJ process, occurring before formal criminal charges are laid. This option is typically facilitated by the police or other authorities as an alternative to traditional prosecution.
Key Features:
- Often used for low-level offences.
- Police or community agencies may refer a case.
- If successful, charges may not be laid at all.
- Emphasizes early intervention and community-based resolution.
Benefits:
- Reduces the burden on the court system.
- Offers swift resolution and prevents unnecessary criminal records.
- Encourages offenders to take responsibility early.
Pre-charge RJ aligns with New Zealand’s broader goals of promoting diversion and reducing recidivism, especially for youth and first-time offenders.
2. Court-Referred (Post-Charge, Pre-Sentence) Restorative Justice
Funded by Ministry of Justice
The court-referred model is the most widely used and institutionalized form of Restorative Justice in New Zealand. This pathway becomes available after an offender has pleaded guilty, but before sentencing.
Key Features:
- Offenders must accept responsibility for their actions.
- Courts refer suitable cases to accredited RJ facilitators.
- Participation is voluntary for all parties.
- A report from the RJ conference is submitted to the judge for consideration at sentencing.
Benefits:
- Provides victims a voice in the justice process.
- Gives offenders insight into the impact of their actions.
- Can influence sentencing by demonstrating accountability and remorse.
This avenue is heavily supported by New Zealand’s Ministry of Justice and is integrated into the formal criminal justice process, reflecting its commitment to victim-centered justice.
3. Post-Sentence Restorative Justice
Funded by Department of Corrections
Post-sentence RJ occurs after a person has been convicted and sentenced, often during imprisonment or community-based sentences. This avenue allows for healing and dialogue that may not have occurred during the earlier phases of the justice process.
Key Features:
- Often initiated by victims, offenders, or support services.
- Used in serious and complex cases, including violent and sexual offences.
- May involve long-term preparation and support for both parties.
- Does not alter the sentence but can have rehabilitative and emotional benefits.
Benefits:
- Offers closure for victims who did not have a chance to engage earlier.
- Supports offender rehabilitation and reintegration.
- Fosters long-term healing and reconciliation.
Conclusion
The three avenues of entry into Restorative Justice in New Zealand — pre-charge, court-referred, and post-sentence — reflect a flexible and inclusive system that prioritizes healing, accountability, and community wellbeing. Each pathway serves a distinct role but shares a common goal: to humanize justice by giving voice to those harmed and offering meaningful pathways for offenders to make amends. As Restorative Justice continues to evolve, these entry points ensure that more people can access its transformative potential at different stages of the justice process.
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