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Criminal & traffic law

Specialist Courts

Overview

There are some specialist courts that deal with specific types of offending or circumstances. Some of these only operate in certain locations. They offer a wider range of outcomes.

Alcohol and other Drug Treatment Courts

These courts began on a test basis in Auckland and Waitakere and have now been made permanent. In December 2019 the government announced that another court would be set up in Hamilton. There is also a Therapeutic Court operating in Wellington.

The Alcohol and other Drug Treatment Courts are designed for defendants whose offending is caused by high needs issues like addiction or dependency and who would otherwise be sent to jail. The aim is to reduce reoffending by treating the causes of offending – alcohol and drug use or addiction – and so reduce the use of jail sentences.

This court is for less serious offending (and not for sexual offences) where you have pleaded guilty. It is up to the judge to decide whether you can go through this court. Sentencing is put off while you go through a programme of case management, treatment, drug testing, monitoring and mentoring. You must comply with bail conditions and might have to wear an alcohol-monitoring bracelet.

Police, lawyers and case managers will work as a team to help the judge make decisions. The police role is mainly focussed on community safety. These courts include the role of Pou Oranga – peer support workers with lived experience of recovery, treatment and knowledge of te reo Māori and tikanga Māori. The victim may be involved with a Restorative Justice process.

The whole programme may take 1-2 years to complete. Once you’ve been through treatment you will be sentenced. If you have successfully completed the programme you will usually be sentenced to 12-15 months intensive supervision.

Special courts for homeless people

The Special Circumstances Court (Wellington) and New Beginnings Court (Auckland) are courts set up for homeless people. The aim is to help you deal with the social and health issues in your life that contribute to your offending and get your life back on track. Serious drug, serious violence offences and sexual offences cannot go through these courts.

You must have pleaded guilty or accepted responsibility for your offending to enter these courts. This is a voluntary court, so you can withdraw and return to the usual court system at any stage. The court process brings a number of agencies together to help with the causes of both your homelessness and your offending. You will be assigned a community worker who will develop a rehabilitation plan. The plan is presented to the court and monitored frequently.

Youth Court

Youth court is for criminal offending by children and young people aged 14-17 that is too serious to be dealt with by the police in the community (but not for murder or manslaughter). Sometimes young people aged 12 and 13 if the offending is especially serious.

If you admit your guilt, there will be Family Group Conference to make a plan for how you can take responsibility for what you did and make sure you don’t offend again. If you complete the plan, the judge has a number of options available. For serious offending, you may be placed in custody in a youth justice residence or transferred to the District Court for sentence.

Usually Youth Court is not open to the public (except for media). You must wait outside until your case is called. Media can only report with the judge’s permission. Your name or other identifying details may not be reported.

What are the Rangatahi Courts and Pasifika Courts?

These courts are a special type of Youth Court designed to help Māori and Pasifika youth engage in the youth justice process and reconnect with their cultural identities by involving whānau and community in that process.

The Rangatahi Court is held on marae and follows tikanga Māori processes. Kaumātua are heavily involved in supporting and holding young people to account.

The Pasifika Court is held in Pasifika churches and community centres with assistance from Pasifika elders. To access these courts you must take responsibility for the incident. These courts are not open to the general public.

What are the Family Violence Courts?

Some District Courts schedule block sittings of family violence cases so the relevant social services, support and programmes are all on hand to connect with families. The court works closely with agencies like Women’s Refuge and Stopping Violence programme providers.

What are the Sexual Violence Courts?

This pilot court for sexual violence cases in Auckland and Whangarei was made permanent in August 2019 after a study found it reduced waiting times for trial significantly. The court provides secure waiting areas for victims and the judges intervene more when defence lawyers ask unacceptable questions. There are also rules allowing child witnesses to give their evidence early in the day. The intensive case management has resulted in more and earlier guilty pleas.

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The criminal courts

Where to go for more support

Community Law

www. communitylaw.org.nz

Your local Community Law Centre can provide free initial legal advice and information.

“Lag Law: Your rights inside prison and on release”

https://communitylaw.org.nz/wp-content/uploads/2020/09/Lag-Law-text-2021-1.pdf

Lag Law answers heaps of common questions you might have if you’re going to prison, you’re in prison, or you’re getting out of prison. It talks about your rights in prison, and sets out the laws and rules that affect you when you’re put in prison.

Order hard copies from:
Community Law Wellington and Hutt Valley
Phone: (04) 499 2928
Email: laglaw@wclc.org.nz

Ministry of Justice

www.justice.govt.nz/about/publication-finder/

The Ministry of Justice website has a range of pamphlets and other information on topics covered in this chapter. You can access this information online, or you can order hardcopies of the pamphlets from:

Phone: 0800 587 847
Email: publications@justice.govt.nz

Fines

Ministry of Justice Collections Unit – www.justice.govt.nz/fines

Phone: 0800 4 FINES (0800 434 637)
From overseas: +64 4 915 8586
From Australia: 1800 144 239 (toll free)

You can check or pay your fines by phone or online. The website has information about both infringement fines and court-imposed fines, and about reparations. The website also has information about District Court Collections Units.

Department of Internal Affairs – www.passports.govt.nz/what-you-need-to-renew-or-apply-for-a-passport/before-you-travel/

This webpage has information about paying your fines to avoid being stopped at the border.

Phone: 0800 PAYORSTAY (0800 729 677)

“Giving evidence” (Law Society pamphlet)

www.lawsociety.org.nz/about-us/about-our-publications/law-awareness-brochures

This pamphlet is for people who have to give evidence in court as a witness.

You can order hardcopies from the New Zealand Law Society:

Phone: (04) 472 7837
Email: pamphlets@lawsociety.org.nz

Department of Corrections

www.corrections.govt.nz

This website has information:

for offenders

for family and friends of offenders

about the Department of Corrections’ role in the community, including community work, supervision, home detention, and the role of probation officers

about the New Zealand Parole Board.

Victim Notification Register

www.corrections.govt.nz/information_for_victims/victim_notification_register

This page on the Department of Corrections website has information about the victim notification register including, the process, how to apply, information victims can receive and how to make a complaint.

Restorative Practices Aotearoa

www.restorativejusticeaotearoa.org.nz

This website provides information on when Restorative Justice may be appropriate, and where in New Zealand Restorative Justice is available. You can also make an enquiry about Restorative Justice by filling out a form on their website.

Phone: 0800 RJA INC (0800 752 462)

Victim Support

www.victimsupport.org.nz

Victim Support provides 24-hour support services to help New Zealanders rebuild their lives following a trauma or crisis.

Phone: 0800 842 846
Email: nationaloffice@victimsupport.org.nz

Victims Information

www.victimsinfo.govt.nz

This is the website of the government’s “Victims Centre”. The site provides links to a range of services available to help victims deal with the practical and emotional effects of the crime, at each stage of the criminal and youth justice process.

Phone: 0800 650 654

Also available as a book

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