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
Authors | Hamilton, Mark |
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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. |
Keywords | restorative justice conferencing; environmental offending; Aboriginal cultural heritage offending; connection to the environment |
Year | 2021 |
Journal | The International Journal of Restorative Justice |
Journal citation | 4 (1), pp. 81-97 |
Publisher | Eleven International Publishing |
ISSN | 2589-0891 |
Digital Object Identifier (DOI) | https://doi.org/10.5553/TIJRJ.000064 |
Page range | 81-97 |
Publisher's version | License All rights reserved File Access Level Controlled |
Output status | Published |
Publication dates | |
Online | 2021 |
Publication process dates | |
Deposited | 12 Oct 2023 |
https://acuresearchbank.acu.edu.au/item/8zv9q/restorative-justice-conferencing-in-australia-and-new-zealand-application-and-potential-in-an-environmental-and-aboriginal-cultural-heritage-protection-context
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