Abstract:
This thesis discusses the implementation of restorative justice in New Zealand while considering its place within the wider context of colonisation and the history between Māori, the Indigenous population of New Zealand, and the New Zealand government. Specifically, this thesis discusses whether restorative justice is meeting three of its commonly specified principles; victim and offender empowerment, reduced recidivism and incarceration, and the creation of an Indigenous-centred justice process. This thesis draws upon the ideas of Juan Tauri as a central theorist and discusses the different arguments surrounding the merits and pitfalls of restorative justice by various New Zealandbased and international scholars. Wider context is given by discussing the history of the relationship between Māori and the New Zealand government, and Māori encounters with the criminal justice system over time. Results of various studies evaluating the youth and adult restorative justice programmes are discussed. This thesis also discusses the marginalisation and exclusion of Māori in criminal justice policy decisions and in wider academia to give context to the impact of restorative justice. A further discussion of the significant issues with restorative justice in New Zealand is presented, and finally a discussion of steps to be taken to strengthen restorative justice and make significant and meaningful change to the overall criminal justice system is presented. Overall, this thesis finds that the implementation of restorative justice in New Zealand has been of some benefit for the youth court in particular, but remains an initiative which has been implemented using token Māori culture and practices without changing the existing system it exists in. This thesis argues that restorative justice is another government policy which is complicit in the continuing marginalisation of Māori knowledge and viewpoints.
