Restorative justice conferencing in Australia and New Zealand : Application and potential in an environmental and Aboriginal cultural heritage protection context

Journal article


Hamilton, Mark. (2021). Restorative justice conferencing in Australia and New Zealand : Application and potential in an environmental and Aboriginal cultural heritage protection context. The International Journal of Restorative Justice. 4(1), pp. 81-97. https://doi.org/10.5553/TIJRJ.000064
AuthorsHamilton, Mark
Abstract

Indigenous people may suffer harm when the environment, sacred places and sacred objects are destroyed or damaged. Restorative justice conferencing, a facilitated face-to-face dialogue involving victims, offenders, and pertinent stakeholders has the potential to repair that harm. This article explores the use of conferencing in this context with case law examples from New Zealand and New South Wales, Australia. As will be discussed, the lack of legislative support for conferencing in the Land and Environment Court of New South Wales means it is doubtful that such conferencing will develop past its current embryonic state. As well as using restorative justice conferencing to repair harm from past criminality, this article suggests that further research should explore the use of restorative justice to resolve present conflict, and prevent future conflict, where there is a disconnect between non-Indigenous use of the environment and Indigenous culture embedded in the environment.

Keywordsrestorative justice conferencing; environmental offending; Aboriginal cultural heritage offending; connection to the environment
Year2021
JournalThe International Journal of Restorative Justice
Journal citation4 (1), pp. 81-97
PublisherEleven International Publishing
ISSN2589-0891
Digital Object Identifier (DOI)https://doi.org/10.5553/TIJRJ.000064
Page range81-97
Publisher's version
License
All rights reserved
File Access Level
Controlled
Output statusPublished
Publication dates
Online2021
Publication process dates
Deposited12 Oct 2023
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