Innovative approach by the Police promotes restorative justice
Wallace Haumaha
Wellington, August 15, 2023
Good news stories tend to get overshadowed by negative press and quite often we forget to pause and reflect on the difference that we are making in the lives of those who need support and in many cases the most vulnerable in our communities.
One of the most palpable programmes that is visible and transformative in the justice system is Te Pae Oranga.
The programme is now in 23 locations across the country working alongside Iwi/Māori, designed to prevent reoffending, and victimisation and promote healing and restoration among individuals and communities. The punitive responses which have often failed, have resulted in the approach we have taken over the past 10 years, to achieve real sustainable change and its working.
Our investment in our people transferring resources and decision-making to Iwi panel providers, and a willingness to share power has seen a change in both culture and mindset from one that prioritised punishment to one that prioritises solutions.
The feedback and stories from both victims and offenders have been highly successful and it is a credit to a whole different way of thinking both on the part of police and that of our Iwi/Māori providers, strengthening wrap-around services, which meet the basic needs of those coming into contact with the system.
Heartwarming referrals
In a letter, a Te Pae Oranga participant said, “Police actions saved me from potentially having a criminal conviction. This has given me a second chance to reflect on my behaviour.”
At the heart of Te Pae Oranga is the concept of whakamana: uplifting people, and rebuilding mana. This supports harm reduction not only for the participant, their whānau, and the victim but also for the wider community.
The Kaupapa is growing establishing new panel partnerships, exploring new referral types and pathways through pilots, and working together with districts to enable consistent Police Te Pae Oranga practice and uplift across the motu.
“He left that panel with, I believe, a great sense of hope for his future and a belief that he could make changes in his situation,” a member of the Panel said, explaining the mana-enhancing outcomes of Te Pae Oranga.
A member of the Police staff, who supported a complex referral to Te Pae Oranga said, “He felt that he finally got to tell his story and be heard and that he was no longer just a name in a file.”
The mahi of three Police workgroups in the Southern District saw a careless driving case diverted out of the court system to successfully complete Te Pae Oranga processes instead.
Innovative approach in South Island
Sergeant Justine Bishop, Supported Resolutions Coordinator in Southland, said that Te Pae Oranga enables innovation and thinking differently and when Police workgroups collaborate, they contribute to more positive outcomes.
He was reviewing a list of eligible offences for Te Pae Oranga when a careless driving case that had gone to Prosecution for court action caught her attention.
“It was a reasonably serious crash involving fatigue as a factor. The participant fell asleep while in control of a heavy vehicle with a woodchipper trailer and the vehicle rolled on its side and fishtailed down the highway, causing disruption and damage to the road. The 20-year-old driver had no prior criminal history, had stable employment, a full driver’s licence, as well as supportive bosses and family,” she said.
Justine asked Sergeant Rob Mills of Police Prosecution Services if the matter could be taken to Te Pae Oranga through diversion.
Rob has seen the benefits of the Kaupapa and regularly refers matters meeting diversion criteria to Te Pae Oranga as an alternative to prosecution. The case was approved and referred to Te Pae Oranga provider Ngā Kete Mātauranga Pounamu.
The participant was supported through the process by his boss, who was in the vehicle at the time of the crash. At the main panel meeting, the participant agreed to a plan of action and conditions to put right the harm caused, including attending a Serious Crash Unit education session and defensive driving course and writing a letter to the Police.
The educational experience
Senior Constable Ken Patterson, Senior Serious Crash Analyst in Southern, who ran the education session, said it was nice to be able to talk with the participant as most of those he deals with can no longer talk back.
The session was an opportunity to discuss crashes involving professional drivers with fatigue as a factor, along with lifestyle, micro periods of sleep, postprandial dips –drowsiness after a meal – and the importance of training and experience.
Ngā Kete Mātauranga Pounamu Manager Jessica McDermott said that the session was mana-enhancing to all that attended.
Ken suggested extra improvements for the participant and the employer to consider.
Ngā Kete Facilitator Megan Legg said that the participant’s employer later texted to say: “The presentation from Monday was great. It Inspired us to look at a driver enhancement programme. As it is, we do not have truck training at work which we probably should have, as we have training for everything else to do with arboriculture.”
In a letter to the Police, the participant said that Te Pae Oranga had made a difference to him.
Had the court case progressed, he might have faced a $3000 fine with loss of driving licence, and a criminal record which could have affected future employment.
“The process… has given me a new outlook on the severity of my lapse of focus, and I have a newfound respect for those who spend a lot of time driving because I can understand now how quickly and suddenly fatigue can set in. I also want to take the time to apologise for the action itself. I understand that the crash could have been a lot worse but I find myself feeling guilty about wasting the police and fire service’s time on something that could easily have been avoided.
“I believe I can speak for everybody I work with when I say the process has been beneficial for myself and I am grateful for the lessons I have learnt from the process.”
The Adult Diversion Scheme
Justine said this is a great example of how staff across workgroups can come together to recommend cases for referral to Te Pae Oranga.
Once a charge is laid in court the only way to use Te Pae Oranga is through the adult diversion scheme. This is a great way to use a supported resolution as a solution, instead of prosecuting.
“It was also a chance to support a Te Pae Oranga provider and panel members with a creative, innovative and meaningful outcome, tailor-made for the participant and his circumstances, in keeping with the mana-enhancing Te Pae Oranga values,” she said.
Keep the good news stories coming.
The need for change is urgent and it must be bold and courageous.
Te Pae Oranga has extended into the heartland of its patron, with a Te Pae Oranga panel established in Raahui Pookeka Huntly.
Wallace Haumaha is Deputy Commissioner of Police (Iwi and Communities). He lives in Wellington. During his service, which goes beyond 40 years, Wally, as he is affectionately called, has earned the trust, love and respect of all communities and his services to the South Asian Communities including people of Indian, Fiji Indian, Pakistani, Bangladeshi, Sri Lankan and Nepali origin, earned him a Special Commemorative Award at the Ninth Annual Sports, Community, Arts and Culture Awards held at Swaminarayan Complex in Auckland on June 19, 2023.
