CASE STUDIES
Restorative Justice
* For image references, please scroll to the bottom of the page.
Author of case study: Greg Labrosse
Geopolitical location of space:
65-69 Albert Street
Auckland 1010, New Zealand
Extant? Yes
Architect:
Original architect unknown
The New Zealand government established the AODT Courts in 2012 as a 5-year pilot program, with the Ministry of Justice commissioning a formative and process evaluation. In 2016, Cabinet Paper agreed to extend the pilot until 2020. In December 2019, the Government announced the two pilot courts were now permanent, and that a third court would open in Waikato in 2020.
The adult Alcohol and Other Drug Treatment Court was established in 2012 to pilot a new approach to offending which is fuelled by alcohol and other drug addiction. It targets offenders—especially those from the Māori community—who would otherwise be imprisoned, but whose offending is being fuelled by their unresolved “high-needs” issues of addiction or dependency. They are also assessed as being “high-risk” in terms of their non-compliance: in other words, past sentences and court orders made have not changed their situation. Consequently, they are on a treadmill of offending, typically being punished, but then going on to reoffend.
As an alternative to prison, the court applies evidence-based best practices in a potentially transformative program of case management, treatment, drug testing, monitoring and mentoring. Sentencing is deferred while participants go through the rigorous program, which includes regular court appearances to check on progress, and may take one to two years to complete.
Yes. The New Zealand model includes the role of Pou Oranga, a position held by a person with a lived experience of recovery, treatment and sound knowledge of te reo Māori and tikanga. Peer support workers who also have a lived experience of recovery mentor participants while they are in the court, and community treatment services provide a range of treatment options all contributing to the work of the court in holding participants accountable for their offending by requiring them to address its underlying causes.
The spaces where restorative justice takes place within the AODT court have been designed in partnership with the Māori community in accordance with its ‘two house’ model. This model maps the traditional courtroom to Tumutumuwhenua, the tupuna whare (ancestral house) on Ōrākei marae, while simultaneously relating these two houses to the three stages of recovery: serenity/te wairua mārie, courage/manawanui and wisdom/māramatanga.
There are three sections in the courtroom:
The three core domains of Tumutumuwhenua parallel the courtroom space, as explained by the Pou Aranga:
“When you enter the tupuna whare, […] you enter the house in peace. When the pōwhiri (welcome) begins and the whaikōrero (formal speech) begins, it’s in the midsection, Tumutumuwhenua at this house. And to the wall of the tupuna whare is ngā tūpuna (ancestors) and the puna mātauranga, or the access to the wisdom of the past.”
The AODT Court primarily serves members of the Māori community from Auckland and Waitākere.
The site is open to the public, but the AODT Court is focused on offering services to members of the Māori community.
Although Maori make up 14% of the overall population, they represent over 50% of New Zealand’s prison population. As of June 2017, 13% of the prison population was incarcerated for drug offences, and 20% incarcerated for crimes of dishonesty such as theft. The Department of Corrections reported that two thirds of prisoners in New Zealand have substance abuse problems.
As such, the AODT Court aims to:
– Reduce reoffending and the use of imprisonment
– Reduce alcohol and other drug consumption and dependency
– Positively impact on health and wellbeing
– Be cost effective
The global growth in popularity of drug treatment courts instead of penal sentences reflects the growing international recognition that drug addiction is a social problem.
Although the AODT Court is modeled on similar drugs courts operating in the United States (there are over 3.000 such courts operating in the U.S.), the ‘two house’ model adopted by the AODT Court in Auckland includes elements that are unique to the New Zealand context in which it operates and that relate to cultural responsiveness and partnership with the Māori community (as evidenced in the photos).
The AODT Court delivers justice through a model of therapeutic interventions. The court’s objective is to help offenders deal with their addiction and criminal behaviour. Along the way, the multi-agency AODT team also works to help participants repair stressful social and emotional situations, such as homelessness and shattered relationships with whānau. It uses a pre-sentence model whereby sentence is deferred while the offender works their way through the drug court programme. It takes most graduates 12–18 months.
Evidence from similar courts overseas has clearly demonstrated that there is a significant reduction in reoffending, both in terms of the rates of reoffending and seriousness of it, where such a court applies evidence-based best practice, as occurs in the New Zealand pilot. There are demonstrated benefits using other measures too. For instance, contact with police drops dramatically for many AODT court participants as their lifestyles improve. The courts also witness a ripple effect of recovery as participants’ progress impacts positively on relationships with those around them, especially family members.
As at December 2019, more than 200 participants have graduated. Not only have these graduates completed their comprehensive and intensive individualised treatment plans, but they also contributed more than 38,000 hours in voluntary community work as a way of giving back to the community — around 185 hours per graduate.
is an author, speaker, columnist, and podcaster in the fields of architecture and decorative arts. She is completing her MA in Art History at Concordia University, Montréal, and holds a Bachelor of Commerce with a major in Marketing from John Molson School of Business. She studied Industrial Psychology in Los Angeles, California. Sicotte is the author of two published books on design (2015, 2018) published by Les Éditions Cardinal.
is a Colombian PhD candidate in the Department of Art History at Concordia University. She has a background in architectural design and community activism and holds a master’s degree in Building and Urban Design from the Bartlett School of Architecture in London, England. Her interests focus on socially-engaged art, social movements, collaborative activism in post-conflict scenarios, collectively-produced art, and art produced in relation to the built environment.
is a PhD candidate in Humanities at Concordia University. His research focuses on spatial agency, social aesthetics, youth narratives, and graphic representations of urban memory. He has published on the relationship between children, play, and public space in Cartagena, Colombia. He has also worked as an editor on literary projects, including Territorio Fértil, which received the María Nelly Murillo Hinestroza award for Afro-Colombian literature.
is Associate Professor and Canada Research Chair in Architectures of Spatial Justice (Tier 2) at the Peter Guo-hua Fu School of Architecture at McGill University, Montréal, Québec, Canada. Her research interests include low-income housing and participatory design, civil protest and urban design, and campus landscapes and race. Her publications include the co-edited book, Orienting Istanbul (2010) and solo-authored book, Istanbul Open City (2018).
is an artist and a professor of Art History at Concordia University. Her work focuses on women and the history of the built environment, urban landscapes, research-creation, and oral history. She has published on the spatial history of the suffrage movement, public art, gardens, and the politics of urban change. In addition to her research on the spaces of restorative and transitional justice, she is leading an oral history project on the urban memories of diverse Montrealers.
is Associate Professor in the Department of Theatre at Concordia University, Montreal (Quebec, Canada). He is also the second co-director of Concordia’s Centre for Oral History and Digital Storytelling. His latest publications explore listening in the context of post-conflict performances of memory. For instance, see ‘Facilitating voicing and listening in the context of post-conflict performances of memory. The Colombian scenario.’ In: De Nardi, S., Orange, H., et al. Routledge Handbook of Memoryscapes. Routledge: London. (2019), and his article ‘Not being able to speak is torture: performing listening to painful narratives’. International Journal of Transitional Justice, Special Issue Creative Approaches to Transitional Justice: Contributions of Arts and Culture. (March, 2020)
