CASE STUDIES
Restorative Justice
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Author of case study:
Marcela Torres Molano
Geopolitical location of space:
Manutuke (Marae)
Gisborne, New Zealand
Extant? Yes
Architects:
Māori people
Not specified. Activities are ongoing.
An alternative Youth Court that operates with the same legal frame as the traditional Youth Court, but is held on a marae (a traditional meeting place) and follows Māori cultural traditions. It is a culturally adapted process to engage young people and their family in the justice system.
Yes, it is a space for the process of a restorative justice system that combines existing Youth Court framework with a Māori-specific environment, to help young Māori and their families (whānau) engage with the justice system in culturally appropriate ways.
This system is used to prevent Māori youth from going to the penal system. Instead of prison, the Youth Court chooses Rangatahi Court (restorative justice) and community problem-solving for many of the cases. Rangatahi Court starts by doing a restorative conference with the victim and the offender, and follows the rest of the process.
Yes, the marae is a traditional space for respect, listening and narrating of stories.
A Rangatahi Court is a Youth Court for young people (up to 17 years old) who have committed an offense. Those who admit their offending and agree to a family group conference will be referred to the Rangatahi Court. The court works with serious offences other than murder, manslaughter, aggravated robbery, and arson.
This is a tribal private space. Guests are only allowed by invitation.
Māori language, culture and protocols are used as part of the court process. The Ministry for Children (Oranga Tamariki) supports young people through the process. The marae social services (1) and kaumātua (elders) and kuia (elderly woman) will help to rehabilitate the offenders.
*(1) The marae (meeting grounds) is the focal point of Māori communities throughout New Zealand.
Manutuke is a settlement in the Gisborne District. It is located to the west of the city, close to the mouth of the Waipaoa river. The area has four marae. A marae is a traditional Māori meeting space. It is a fenced complex of carved buildings and open grounds that belongs to a tribe (iwi), subtribe (hapū) or a family (whānau).
Māori people see their marae as their place to stand and belong (tūrangawaewae). Thus the space is used for meetings, celebrations, funerals, education and important tribal events. It is composed of a carved meeting house (wharenui), an open space in front of the house (marae ātea), a cooking area, a dining hall, a toilet and shower block. It contains carvings that narrate the genealogy of the tribe and some Māori legends. Inside the wharenui, it is also common to see photos of loved ones who have passed away.
People do not live in a marae but visit during important occasions. Marae life is communal, everyone sleeps in the same room, usually the main meeting house. They eat together in the dining room, and spend time together learning, discussing and debating tribal matters. Any new visitor must partake in a formal welcoming ceremony (powhiri) to remove the sacredness and become one people with those of the marae.
A wharenui (carved meeting house ) resembles the human body and can represent a particular ancestor of the tribe. There is a carved figure on the rooftop (the tekoteko) that represents the head; the front barge boards (maihi) represent the arms that welcome visitors; the short boards at the front (amo) represent the legs, while a large beam running down the length of the roof (the tahuhu) represents the spine (100% New Zealand).
In 2017 in the Northland region, 134 young people appeared in Youth Court; more than 80% of those young people were Māori. On average, over 60% of those appearing in New Zealand’s Youth Courts are of Māori descent.
The Rangatahi Court is a culturally innovative way of dealing with the disproportionate rates of young Indigenous offenders. They apply the same law as the Youth Court but use a culturally adapted process happening in a marae, the traditional tribal meeting place. The main objective is to better engage young people and their relatives (family, subtribe, and tribe) in the justice process.
The Courts address the underlying causes of the offender by using Māori language, culture and protocols as part of the process. It allows young Māori people to learn about their culture, and their extended family (whānau) to be involved in the process. Young offenders who admit their charge and agree to a family group conference will be referred to the Rangatahi Court. At the conference, the offender and the extended family, and the victim and their supporters, have an opportunity to address the wrongdoing and propose solutions to prevent reoffending. This progress is monitored in the Rangatahi Court; when appropriate, sentencing options are also available.
The Youth Māori courts have had a big success in preventing reoffending. Some of New Zealand’s senior judges and Ngāti Kahungunu say the success of the Rangatahi Courts proves that Māori culture and values should be instilled throughout the criminal and family courts, and even the rest of the court system (Bradley, 2020).
Rangatahi court hearing
A typical hearing will start with a welcome of visitors onto the marae. A morning tea will be served. Each hearing begins with the young person receiving a talk from the respected elders (kaumātua), showing respect to the offender and their family and tribe. During the court there is the presence of a judge, the police, respected tribal elders, a social worker, court staff, the extended family, a youth advocate (lawyer), lay advocate, and the victim if they choose to attend.
The young offender is expected to learn and deliver their pepeha (traditional greeting of tribal identity) at each hearing. They may also be encouraged to attend some protocols and cultural practices (tikanga) to help them learn more about their cultural identity.
One of the purposes of this court is to connect youth with the culture and community, and to reduce the number of young people who re-offend. “We know that the principles that underlie this court aim to connect young people, or keep them connected to their culture and their community” (Orange Tamariki). Rangatahi Court is based on the Koori Court model in Perth and Victoria in Australia for Aboriginal youth offenders.
The conference
A family group conference FGC is a face-to-face encounter involving offenders and their families, victims and their supporters. It is organised by a Youth Justice Coordinator, to address the victims’ needs and support offenders as they take responsibility for their wrongdoing. Unlike restorative justice programs attached to justice systems elsewhere, this group formulates the entire outcome or disposition, not just restitution. This is done by consensus of all the participants, not only the decree of an official. Victim, offender, family members, youth advocate, or police can individually block an outcome if one of them is unsatisfied.
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)
