Human Rights, The Treaty of Waitangi and Governance | Institute of Policy Studies | Victoria University Wellington
 

Information from New Zealand relevant to developing
A Restorative Justice System for Juveniles:
Information for Mexico from New Zealand's experience

Prepared by Dr Gabrielle Maxwell, Institute of Policy Studies, School of Government, VUW; November 2006

From the 25-29th October 2006, Dr Gabrielle Maxwell of the Institute of Policy Studies, School of Government, Victoria University of Wellington visited Mexico, in particular Mexico City and Chihuahua.  The aim of the visit was to present information on the New Zealand system of youth justice to people in Mexico who were involved in developing a new justice system for Mexico.

The trip was sponsored by the New Zealand Ministry of Foreign Affairs and Trade under its Latin America Strategy Fund and Proderecho (an organisation funded through USAid and operating in Mexico to assist in the process of reform of the justice system).  Others involved in the arrangements included the New Zealand Embassy staff in Mexico (Rachel Bennett, Ambassador Troop and Hilary Troop),  On the tour, Sandra Caldwell and David Henner from New Mexico acted as interpreters and assisted with three of the translations of power point presentations. Saskia Schuitemaker from New Zealand accompanied Gabrielle as a postgraduate candidate hoping to study developments in Mexico, Cecilia Real and Violeta Maltos (Proderecho), and Rachel Bennett (NZ Embassy) provided support with the programme arrangements.  Paula Simpson of the New Zealand Embassy translated two key papers and Cristal Gonzalez Obregon (Proderecho) also provided help with translations of the power point presentations.

The programme involved two radio interviews, and five formal presentation and at least an equal number of more informal meetings with key figures.  The presentations and meetings involved key members of government bodies including advisors to the incoming president, judges, staff members from offices of attorney generals, prosecutors, lawyers, and members of tribunals, members of the Human Rights Commission, politicians, members of NGOs, academics, students, and members of Proderecho.

The materials prepared for the tour covered a wide range of topics as listed below.  The list also indicates the papers and power point presentation notes that are available in English and Spanish as read only PDF files through the website of the Institute of Policy Studies and through the New Zealand Embassy in Mexico.  These materials are copyright to the authors and should not be reproduced for publication or commercial purposes without permission. Unless otherwise stated the materials are only available in English.

Please note that the complete set of these materials should be available in December 2006 or January 2007at the latest.

Materials

Note: the downloads are pdf files. You may like to print these out with six pages to a A4 page.

1) Restorative justice for young people in New Zealand

a)   Reforming criminal justice: the potential of restorative justice
      (i) Paper by Allison Morris and Gabrielle Maxwell in two parts. Part 1 contrasts the             values experiences and effectiveness of the alternative models and Part 2 goes on to       describe the extent and consequences of the introduction of restorative justice models       in New Zealand. In English (RJ Reform2004) and Spanish (MexicoJusticiaRestorativa–       reforma).
      (ii) Power point presentation: Reforming criminal justice: the potential of restorative             justice - in English (MexicoRJOverview3). English and Spanish (MexicoRJoverview2FS)
b)   Restorative justice for young people in New Zealand
      (i) Paper based on an address for the Belfast International conference on restorative       conferencing March 2006 in English (Belfast2006exv) and Spanish                                     (MexicoJusticiaRestorativa– jovenes).
      (ii) Power point presentation: Restorative justice: for young people in NZ: Lessons from       the research (Mexico YJ) English and Spanish (Mexico1bYJresearch FS ).

2) Principles, Policy, Practice and Legislation

a)   Achieving Effective Outcomes in Youth Justice:  Implications for Policy and             Practice. 
      (i) Paper by Gabrielle Maxwell in two parts, based on youth justice research and                   focusing on implications for policy and practice, and published in Social Work Now (Child       Youth and Family Services, Wellington, New Zealand) August and December 2004.
      (ii) Power point presentation:  Achieving Effective Outcomes:  Principles, Policy and             Practice  (AEO NZ PPP)   English and Spanish
b)   NZ Legislation: Children, Young Persons and Their Families Act 1989 as amended       at 10 Feb 2005 can be found at:  http://www.legislation.govt.nz/  
c)   Achieving Effective Outcomes Research:  Implications for the Youth Court. 
      i) Power point presentation: this particular presentation was originally developed for       the judiciary in New Zealand and particularly focuses on aspects of the objects,                   principles and practice that affect the youth court and the judiciary.  It was revised for       Mexico to also incorporate material from powerpoints described above in sections 1 (b)       and (c) - in English (Judges talk) and Spanish (Judges talkF español tres).
d)   Setting standards for restorative justice: 
      (i) United Nation’s Basic Principles for Restorative Justice Programmes adopted August             2002 (UN Basic Principles RJ)  is also available from the following website in Spanish             http://www.ods.un.org by entering E/2002/INF/2/ADD.2
      (ii) John Braithwaite’s paper with this title is published in the British Journal of                   Criminology (2002) 42; 563-577

3) Reintegrative Support Services  Including Education

a)  Identifying effective programmes for youth at risk of continued and serious           offending 
      i) A report to the Henwood Trust, by Gabrielle Maxwell, May 2005 is available on      request from the Henwood Trust, PO Box 10852, Wellington or by contacting      cariad@pcconect.co.nz  
     ii) Power point presentation:  Effective programmes for youth at risk of continued and      serious offending  in English (Effective programmes) and Spanish (Prgramas)
b)   Restorative practices in education
      (i) A summary report on recent research by Sean Buckley and Gabrielle Maxwell,                   “Respectful Schools” will be available early next year from the Office of the                         Commissioner for children:  Children@occ.org.nz or through Karen Howarth,                         Communications manager,      PO Box 5610, Wellington.
      (ii) A paper by Gabrielle Maxwell and Sean Buckley on Respectful Schools:  Beyond             Punishment and Exclusion in New Zealand is in press with a book being edited by             Brenda Morrison and to be published this year by the UK publisher – Hart Publishing,       Oxford.
      (iii) Power point: Restorative Practices in New Zealand Schools.  In English (Education       06) and Spanish (Educacion)

4) Implementing restorative justice in international and indigenous contexts

a)  Crossing Cultural Boundaries
     (i) A paper with the above title was written for Mexico 2006 (Cross Cult Bound)
     (ii) Power point presentation attached in English only (Crossing Cultural      BoundariesMex)
b)  International examples
     (i) For the Pacific region:  Maxwell, G. and Hayes, H. (2006).  Restorative Justice      Development in the Pacific Region: A comprehensive survey Contemporary Justice      Review:  9 (2), 127-154
     (ii) For other areas of the world:  See Johnstone, G. and Van Ness, D (2007).  Handbook      of Restorative Justice.  Willan Publishing.

5) Family violence and child protection

a)   Impact on children and effective programmes: 
     (i) Impact paper:  Maxwell, G.M.  (1994). Children and family violence:  the unnoticed      victims. Wellington:  Office of the Commissioner for Children Occasional Paper no. 3.       Published by the Office of the Commissioner for Children.  Also in Social Policy Journal of      New Zealand, 2, 81-96.
     (ii) Effective programmes - paper:  Maxwell, G. (2003). Chapter 13 - Measuring      Effectiveness. In McMaster, K. and Wells, A.  Innovative Approaches to Stopping Family      Violence New Zealand.  Steele Roberts.
     (iii) Power point presentation:  Family Violence and Children combines information from      both the above – in English only (FVChildren)
b)  NZ Legislation: http://www.legislation.govt.nz/ Domestic Violence Act 1995
c)  Child protection and family group conferences
     (i) Paper by Gabrielle Maxwell and Shannon Pakura entitled:  The family group      conference: Does it work for child protection? (2006). Presented at a conference in      Wellington October,2006. Draft to be revised and published 2007 (CareProtFGC).
     (ii) Power point presentation:  The family group conference:  Does it work for child      protection. In English only (Care& ProtectionFGC).

6) Victims

     (i) Paper – Morris, A. Maxwell, G. & Robertson, J. (1993) Giving Victims a Voice. Howard      Journal of Criminal Justice 32(4) pp304-21
     (ii) Power point presentation: In English (Victims) and Spanish (Victimas).