Dated; April 2021, released September 2021

In 2020, the Office of the Chief Victims Advisor commissioned Artemis Research NZ Ltd to undertake a research study to explore key stakeholders’ perspectives on if, and to what extent, coercion or control by perpetrators of family violence impacts on victims’ decisions to participate in restorative
justice with the perpetrator, and how they participate/share at the restorative justice conference.

This research study came about because both the Chief Victims Advisor and the Under-Secretary for Justice were concerned that there could be elements of coercion and control present in family violence dynamics for victims participating in restorative justice processes.

The research findings are based on interviews conducted with 20 key stakeholders between March and June 2020: 18 were with restorative justice stakeholders and two were with stakeholders from family violence support services. Seven were based in Kaupapa Māori organisations.

We conclude that a restorative justice conference going ahead because of pressure on a family violence victim from their perpetrator is unlikely in cases dealt with by specialist restorative justice practitioners with significant experience of working with cases of family violence. We feel confident
that if a perpetrator was exerting pressure on the victim to participate in restorative justice, an experienced restorative justice facilitator of family violence cases would be able to ascertain this at
the pre-conference stage and would not proceed to conference.

That is not to say that the risk of a victim being coerced or controlled to participate in restorative justice by a person who harmed them is not a real possibility. Stakeholders we interviewed identified several potential risk factors for victims of family violence participating in restorative justice processes. (From the Executive summary). record #7279