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chapter thirteen

restorative justice

— for an unjust

justice system

”A broken system by its very

nature cannot heal”.

Support to the principles of Restorative Justice has

been a key mover and inspiration to Pat’s actions

to improve the treatment of criminals and to assist

them to reintegrate into society as productive and

contributing citizens. Restorative Justice principles have

been central to the operation of the Pilot City Trust and

Pat’s work within it.

Pat believes you can’t keep punishing the problem

and any changes to the Justice system in managing

Māori offenders need to be Treaty based to work, or “it

will just be more do-gooders tinkering at the edges”. His

view is that structural damage has been caused to society

by the Treaty of Waitangi not being honoured, that

the nation needs to be restored, that it needs Restorative

Justice, that it needs to be healed.

“Salaries are pouring in to Police and Corrections

every day but sadly not for someone or something like

the Pilot City Trust, which focuses on what is generally

agreed to be the most important aspect of crime prevention

— intervention”, he says.

To quote the Centre for Justice and Reconciliation, Restorative

Justice views crime as more than breaking the

law — it also causes harm to people, relationships, and

the community. So a just response must address those

harms as well as the wrongdoing. If the parties are willing,

the Restorative Justice approach believes the best

way to do this is to help those involved meet to discuss

those harms and how to bring about amicable resolution.

Other approaches are available if they are unable

or unwilling to meet. Sometimes those meetings lead to

transformational changes in the lives of the perpetrators

and lasting friendships with victims.

The three major concepts are : (1) Repair: crime causes

harm and Justice requires repairing that harm; (2)

Encounter: the best way to determine how to do that is

to have the parties decide together; and (3) Transformation:

this can cause fundamental changes in people, relationships

and communities.

So Restorative Justice is a different way of viewing

crime and an innovative model that attempts to eliminate

violence and crime from communities. It is in the

intention to “repair” and “to heal” that lies the difference

with Aotearoa’s current adversarial, retributive Justice

system.

New Zealand’s justice system is constantly labelled

Opposite: Photo by Lee Pritchard, the setting sun on Ahuriri.

Restorative Justice – for an unjust justice system 159

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