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Restorative justice conferencing in Australia and New Zealand : Application and potential in an environmental and Aboriginal cultural heritage protection context
Hamilton, Mark
Hamilton, Mark
Author
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
Date
2021
Type
Journal article
Journal
The International Journal of Restorative Justice
Book
Volume
4
Issue
1
Page Range
81-97
Article Number
ACU Department
Thomas More Law School
Faculty of Law and Business
Faculty of Law and Business
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Relation URI
Source URL
Event URL
Open Access Status
License
All rights reserved
File Access
Controlled