Taranaki Restorative Justice Seminar;
24 March 2010
Hon Tariana Turia; Minister of the Crown

Last Wednesday, I joined the Prime Minister, Minister of Maori Affairs, Attorney General and whanau, hapu and iwi of Taranaki in progressing a settlement of the historical claims of Taranaki iwi on behalf of Nga Uri o Taranaki Iwi.

1. The ceremonies at Owae Marae and Puniho Pa were scheduled to commemorate the start of the Taranaki land wars 150 years ago.

2. These were wars in which both Te Atiawa and Taranaki Iwi suffered the fate of the colonial project, losing lives, being uprooted from all they knew; alienated from their homelands by the subsequent land confiscations.
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3. The Waitangi Tribunal, in the 1996 Taranaki Report, described the claims of Taranaki iwi as standing on two major foundations, land deprivation and disempowerment. Disempowerment, according to the Tribunal, was the “denigration and destruction of Maori autonomy or self-government”.
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4. To begin to even understand the scale of injustice that has occurred, one must be familiar with the history of Parihaka Pa. Parihaka is known around the world, as the birthplace of the passive resistance movement.
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5. Founded by the prophets, Te Whiti o Rongomai and Tohu Kākahi, the people of Parihaka sought to resolve land issues without physical violence, to establish their own livelihood as the largest Māori village in the country. For nearly a decade Parihaka thrived, was productive and self-sufficient.

And then suddenly, in 1879, the Government decided it was time to open up nearby seized land and so they moved in with their survey pegs. Time after time, the people of Parihaka removed the pegs and ploughed up the land.

Maori throughout Aotearoa flocked to the pa to help, in solidarity and support. But still, Government officials broke down the fences, arrested the ploughmen again and again and eventually passed new laws that allowed imprisonment without trial.

Inevitably the prisons were filled with the Parihaka protestors. The tragic events of Parihaka culminated in the largescale massacre of the people, led by a Government force of 1,589 Armed Constabulary and volunteers. Women were raped, homes were destroyed, the crops were burnt to the ground. There were assaults; looting pillage and theft. And finally, 1556 persons were forced to relocate without money, food, or shelter.

During that period all law and order seemed to be suspended in time.

I can never come into this rohe, and travel under the watchful gaze of Maunga Taranaki, without immediately being transplanted in time.

I look at the lush dairy fields that I pass through, and I wonder how the iwi of Taranaki have benefited from the investment in dairying, and there is one word on my lips – Justice.

Restorative justice – the kaupapa that brings us to this hui today – is all about reducing the impact of crime on victims and to hold offenders accountable for their actions.

It is about giving victims a voice in the criminal justice system. It is about enabling them to receive reparation, apologies and answers.

It requires offenders to face their victims, to redress the harm caused to victims and the community, and to address the causes of their offending.

And so I ask us to consider the concept of Treaty settlements as the ultimate experience of restorative justice.

The actions or omissions of the Crown that breach the promises made in Te Tiriti o Waitangi are investigated in a legal process; a process which we would hope will lead to the reconciliation of the Treaty partners.

As representatives of the Crown we came face to face with the faces of descendants who carry the pain of the land wars into their every day.

Through the process of settlement they are seeking to build solutions on behalf of nga uri o Taranaki, which will be inclusive; will bind them together as a collective; will be transparent to all, and regularly communicated. And most of all, they seek to negotiate outcomes that are to the greatest possible benefit of Nga Uri o Taranaki.

I have spent some time sharing the story of Taranaki this morning, because I believe that restorative justice, in its broadest interpretation, must respect the unique context our cultures play throughout Aotearoa.

Some time ago the New Zealand Maori Council thought that restorative justice could :

“provide a complementary system of justice which can reside within the communities of New Zealand, both Pakeha and Māori, and which can operate alongside court-based processes as an integral part of the whole system”.

And fifteen years ago when Hon Doug Graham called for a national discussion on restorative justice several of the submissions saw a relationship between restorative justice and the Treaty.

They made mention of the history of Maori in relation to the Treaty, and the context of the Crown’s obligations to Maori as being a base for any restorative justice programme.

It was around this time that Government started funding restorative justice programmes, with early community panel diversion being funded to run at Hoani Waititi Marae in Auckland; in Timaru and Rotorua.

It has been since 1995 that Courts have been applying restorative justice outcomes and six years later in 2001 the very first court-referred restorative justice pilot began.

I think it is always useful to understand our beginnings, in order to advance our pathway forward.

There is no doubt that the research in New Zealand and overseas consistently shows that most victims who participate in restorative justice processes find the experience rewarding.

A recent evaluation of the Ministry of Justice’s four year pilot of restorative justice in cases of serious offending by adults showed
high levels of satisfaction amongst victims and offenders;
a small reduction in the reconviction rate of offenders;
fewer and shorter sentences of imprisonment and
more use of home detention.

Fifteen years on from Hoani Waititi, eight of the 26 restorative justice providers contracted by the Ministry are Maori and operate out of a tikanga base. They are located in Whangarei, Central, South and West Auckland, Rotorua, Tokoroa, Taupo and Gisborne.

So where have we come to?

Government is now spending $1.72 million in restorative justice services to 32 courts around New Zealand.

Principles of best practice have been identified; and standards of practice are being developed as we speak. An interim funding framework has been established to develop national consistency.

Outside of Government we have the national body, Restorative Justice Aotearoa which is holding its national conference for practitioners this weekend. There’s the Restorative Justice Centre operating at Auckland University of Technology. Restorative Justice is also being used in Resource Management Act disputes, in schools and workplaces.

The last fifteen years have seen an incredible growth in the Restorative Justice sector and it is evident to me that Government is keen to extend the availability of these services to meet the needs of victims and offenders in the criminal justice system.

Once more then, I return to the events of a week ago.
If restorative justice is fundamentally about repairing harm between the victim and the offender, how do we know that we have truly made the difference?

It is my view that no matter how impressive the court records or the official statistics are, the greatest difference made will be in the hearts and minds of whanau

I am talking about the people who gave birth to the individuals we label as victims and offenders. I am talking about the people who cry for them, who weep for the potential stolen, who count the true costs of injuries sustained.

I am talking about the people who are always ready to hear; who try to provide support and guidance; who feed them, and nurture them.

The people who seek to inspire them with lessons from our history; who seek to shift the focus to the possibilities before them.

I am talking about the people who bury them.

The people of Taranaki summoned up the courage needed to take their stories to the Waitangi Tribunal; and they did so in their love and collective concern to make a better world for their descendants.

So too, everyone who enters into a restorative justice process is connected to family members who know them intimately, and know also the greatness they are capable of.

I sometimes worry that restorative justice practitioners overlook the amazing resources that are right before their eyes, in the faces of whanau.

It has been a great honour for me to be part of your gathering today, and if I could ask one thing of you, it would be to ensure that the commitment to restorative justice is also a commitment to the process of restoration and healing that we all know our families need.

Let us look to those who wear the Raukura with such pride, and let us believe we can all live up to that message.

A message that reminds us of the importance of our spiritual growth; our commitment to making peace; and the investment in wellbeing. Tena tatou katoa

ENDS

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