Restorative Justice, Indigenous Custom and Justice Reform in New Zealand

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Over the past four decades, a new approach to crime and conflict resolution, known as 'restorative justice', has been gaining ground around the world and various restorative justice practices are in place or are being developed in many countries. It can be described as a process whereby all the parties affected by a crime – victims, offenders and communities – come together to determine collectively how to deal with the harm caused by the offence and its implications for the future. Restorative justice is not a new concept. It was the dominant justice model in ancient civilizations in Europe and Asia and remains so among many indigenous communities around the world. The Pacific region is of particular interest. It has been the cradle of contemporary restorative justice models within the common law systems of New Zealand and Australia, where restorative justice theory has effectively been translated into practice within the structure of statutory and judicial frameworks. Furthermore, in many Polynesian and Melanesian islands diverse examples of older indigenous forms of restorative practice are still operating. Following an overview of the philosophy, guiding principles and aims of restorative justice, the present paper will examine the roots of restorative justice in the indigenous Maori culture of New Zealand and discuss the role of restorative justice practices within the formal justice system today, with particular reference to family group conferencing as it operates in the domain of juvenile justice. The paper will also comment on the current and potential influence of Maori customary law on New Zealand’s legal and judicial system.

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