Restorative justice and the New Zealand Court of Appeal’s decision in the Clotworthy case.

Source: (2000) Journal of South Pacific Law 3 (4). Vanuatu: University of the South Pacific School of Law.

Bowen and Thompson review a 1998 New Zealand case involving a violent attack. A lower court’s non-custodial sentence based on restorative principles and practices was replaced by the Court of Appeal with a custodial sentence. Beginning with a review of the case and the original sentencing, the authors then discuss the Court of Appeal’s examination of restorative justice, particularly as the Court addressed the issue of applying restorative justice principles to cases involving violence. Following this discussion, Bowen and Thompson consider the status and value of restorative justice processes in relation to specific laws regarding the Maori, and in relation to effectiveness in meeting the interests of different cultural groups. Implications of this appellate decision for restorative justice principles and practices are drawn out by the authors as well.