Constitution and Rules
Signing of RJA Application for Incorporation
Constitution and Rules
- NAME
- REGISTERED OFFICE
- OBJECTS
- MEMBERSHIP
- MEETINGS
- GOVERNANCE
- DUTIES OF THE EXECUTIVE
- POWERS
- FINANCE
- LIMITATIONS
- CONFLICT OF INTEREST
- ALTERATIONS OF RULES
- COMMON SEAL
- WINDING UP
Statement of Restorative Justice Values and Processes
- INTRODUCTION
- CORE RESTORATIVE JUSTICE VALUES
- RESTORATIVE JUSTICE VALUES IN PRACTICE
- CORE VALUES IN THE RESTORATIVE JUSTCE COMMUNITY
1. NAME
The name of the society shall be Restorative Justice Aotearoa Incorporated (hereafter ‘the Society’).
The registered office of the Society shall be 8 Kenepuru Drive, Porirua, Wellington, or such other address as the Executive or the Society at a General Meeting may from time to time appoint and notify to the Registrar of Incorporated Societies.
The objects of the Society shall be:
a) To promote the interests and practice of restorative justice
b) To promote and encourage proper conduct and accountability among its members and practitioners
c) To preserve and maintain the values and practice of restorative justice as informed by, and as they inform, justice in the community, such as described in the attached ‘Statement of Restorative Justice Values and Processes’, without limitations
d) To promote opportunity for the acquisition and dissemination of knowledge and skills relating to restorative justice in the community
e) To represent its membership in the development of the law and policy and other matters relating to restorative justice
f) To promote communication and liaison between restorative justice organisations, Government, justice stakeholders and individuals in NZ in all aspects of restorative justice services
a) The Society shall have as its governing body a national executive constituted according to the Society’s articles and described herein in clause 6 below (hereafter ‘the Executive’).
b) Membership of the Society shall be comprised of restorative justice provider groups:
(i) who have signed the application for incorporation as members of the Society
(ii) who apply for membership in the written manner stipulated by the Society from time to time, pay the subscription and are accepted as members of the Society by the Executive.
c) Members of the Society shall be those incorporated societies, charitable trusts, trust boards and other restorative justice provider groups which are considered by the Society to operate according to the Constitution of the Society with values and practices such as described in the ‘Statement of Restorative Justice Values and Processes’ attached (hereafter ‘Members’).
d) Applicants may be granted interim membership until completion of the membership assessment process. Interim membership accords the applicant the same rights and obligations as membership. However full membership is not guaranteed until confirmed by the Executive.
e) Associates of the Society shall be individuals and groups who are interested in and supportive of the Society’s objectives and apply to become associates in the written manner stipulated by the Society from time to time, pay the associate subscription and are accepted as associates of the Society by the Executive (hereafter ‘Associates’).
f) The Society shall levy its Members and Associates an annual subscription. The subscription for Members and Associates shall be an amount fixed from time to time by the Society at an Annual General Meeting pursuant to clause 5 below.
g) Any Member or Associate can resign in writing. Resignation takes effect when this is received by the Society.
h) The Executive may review and if appropriate cancel Membership or Association if:
(i) the Member or Associate has not paid the subscription six months beyond the due date
or
(ii) the Member or Associate is determined by the Society to have acted against the values, principles and/or beliefs of the Society, or in any way or manner likely to bring the Society into disrepute
or
(iii) the Executive determines the Membership or Association shall end.
i) The Executive shall notify any Member or Associate of an intention to review pursuant to clause (4)(h) above and in the case of such review notify the Member or Associate of its determination.
j) In the event of review under clause 4(h) above the Member or Associate will, along with its support, be given the opportunity to be heard by the Executive.
k) The Society shall maintain, for public viewing, a current list of its Members and Associates.
[ top ]
5. MEETINGS
a) The Annual General Meeting (hereafter ‘AGM’) of the Society shall be held between 1 July and 30 September each year, or at any such other time as the Executive determines.
b) Members and Associates will be advised of the time, date, and place and given at least eight weeks notice of the date fixed for the AGM.
c) Subject to clause 5(e) below, a Special General Meeting (hereafter ‘SGM’), may be held by the Society at any such other time as the Executive determines. In respect of such case the Members and Associates will be advised of the time, date and place at least twenty one days prior to the date fixed for the SGM.
d) Notice shall be sent by post or email to the Members and Associates at the addresses appearing on the records of the Society. The notice shall state the nature and purposes of the meeting.
e) A SGM will be called by the Executive within fourteen days of it having received a request in writing from no less than one third of its Members requiring, and stating the purpose of, the SGM. The SGM is to be held within six weeks of these criteria for requesting it being met.
f) Each Member is entitled to one vote and may provide a voting representative for AGMs and SGMs.
g) Absentee voting
A vote may be cast in writing by a voting representative unable to be present at any AGMs or SGMs, dated not more than 7 days prior to the date of that meeting. This vote must be lodged with a member of the Executive prior to the commencement of the meeting to which it applies.
h) Quorum
Save as otherwise provided in these rules, no business shall be transacted at any meeting convened pursuant to the rules of the Society unless a quorum is present at the time.
A quorum for AGMs and SGMs shall consist of voting representatives of no less than one third of the Members eligible to be at that meeting.
i) The business of the AGM shall include:
(i) Confirmation of minutes of the previous AGM, and SGMs held since the previous AGM
(ii) Receiving and adopting annual reports and audited financial statements
(iii) Setting annual subscriptions
(iv) Ratifying membership of the Executive
(v) Ratifying the Executive’s selection of the Society’s convenor (chairperson)
(vi) Appointing an auditor
(vii) Transacting notices of motion and any other business.
j) Resolutions at AGM and SGMs shall be reached by consensus between voting representatives, with voting only required when agreement cannot be reached. Resolutions shall then be passed by a minimum of 75% majority.
[ top ]
a) The Society shall be governed by an Executive of no less than nine persons and no more than twelve persons, including a minimum of two Maori. These persons shall be elected or co-opted from Members as follows:
(i) Members shall be divided into regional, Maori and any other such groupings as determined initially by the steering committee and ratified at the inaugural meeting, and then reviewed by the Executive, and ratified at an AGM or SGM from time to time.
(ii) Members from each grouping shall select one person as their representative on the Executive except in any circumstance where the Constitution or the Executive make specific provision to allow a greater number of representatives from any particular grouping.
(iii) Groups shall notify the Executive of the names and contact details of their representative one week before the AGM
(iv) The Executive shall have the power to co-opt a maximum of three individuals from Members after consultation with all Members of the Society
(v) Members of the Executive may be paid an honorarium as determined at an AGM
vi) The Executive shall meet at least three times a year, with a quorum consisting of no less than six members.
[ top ]
a) The Executive shall, either directly or through the Society’s committees, employees or contractors:
(i) Administer the affairs of the Society
(ii) Develop and govern the Society’s policies and plans
(iii) At regular intervals inform, consult and seek direction from Members on the affairs of the Society
(iv) Act as a good employer to any paid or unpaid staff
(v) Approve contracts for and of services to or by the Society
(vi) Be accountable for the Society’s funding and finances
(vii) Receive and consider recommendations from the Society’s committees, officers, employees and contractors and act as it considers appropriate
(viii) Convene AGMs and SGMs and record the business of such meetings
(ix) Accept, review and cancel Membership and Association of the Society
(x) Operate in a manner consistent with the objects and values of the Society.
b) The term of members of the Executive shall be two years. Members may offer themselves for re-election for up to 2 additional terms or as deemed fit at an AGM.
c) The Executive at its initial meeting, and as necessary thereafter, shall allocate each officer primary responsibilities as decided by the Executive, including treasurer.
[ top ]
The Society shall have the following powers:
a) To purchase, take on lease, hire, acquire or manage real and personal property in such a manner as the Society may think fit
b) To invest, deal with, dispose of and/or sell all or any part(s) of the Society’s funds, assets, interests, rights or property for the purpose of good governance and to allow itself to properly manage its affairs
c) To borrow, raise or secure the payment of money in such a manner as the Society may think fit or as otherwise unanimously approved by the Executive
d) To appoint, employ and dismiss staff, including the power to pay staff or employees, whether Members of the Society or not, for work done for the Society, including reimbursement of expenses properly incurred
e) To receive donations from individuals or organisations whether the money, goods, or services offered are in response to services offered by the Society or otherwise, provided that the Society may decide to reject any donation if acceptance would in any way compromise the objectives of the Society
f) To enter into or terminate any contract or arrangement
g) To do all things as may from time to time be necessary or desirable in order to give effect to and/or attain the objects of the Society.
[ top ]
a) The financial year of the Society shall be from 1 July to 30 June or such other period as the Society shall from time to time determine.
b) Income shall be by way of grant, donation, fee, allocation, bequest, gift, investment, sponsorship or contract to supply services.
c) The treasurer, or an employee delegated by the Executive, shall have general responsibility to the Society for its financial affairs and bookkeeping.
d) All moneys received by or on behalf of the Society shall forthwith be paid to the credit of the Society in an account with a Bank nominated by the Society from time to time. The Executive, or a nominated employee, shall be responsible for ensuring all moneys received are properly accounted for and banked, and all bank transactions are properly accounted for.
e) Any two of three people appointed by the Executive, together, shall have the power to sign cheques.
f) The financial statements shall be audited by an auditor appointed by the AGM and who shall be a Member of the Society of Accountants.
a) Any income, benefit or advantage shall be applied to the charitable purposes of the Society.
b) Unless otherwise pursuant to law, no Member or Associate ofmatters before the Executive or the Society in which s/he has directly or indirectly any pecuniary interest, other than an interest in common with the public or with Members of the Society generally.
b) Such Executive members or Members shall declare the pecuniary interest when the matter is first raised before the Executive or the Society and such disclosure is to be recorded in the minutes.
c) The Executive member or Member may only be present at the meeting or take part in the discussion of such a matter to the extent (if any) permitted by the Executive.
a) Executive members and other officers shall be indemnified by the Society for all costs, losses and expenses incurred by them in or about the discharge of their respective duties (including travel and reasonable out of pocket expenses), except such as shall result from their own respective wilful
default(s).
b) No Executive member or other officer shall be liable for the act or defaults of any other Executive member or other officer or for any loss of expense happening to the Society unless the same happens from their own wilful default(s).
These rules may be altered, added to or rescinded only:
a) At an AGM or SGM, provided written notice of the proposed amendment has been sent by the Executive to all Members at least twenty one days prior to the meeting
b) If the proposed change has been agreed to by a 75% majority of Members’ voting representatives present in person or by formal proxy vote.
c) By unanimity of total Membership where notice required as above in this section has not been given
d) Where no such addition to or alteration of the rules detract from the exclusively charitable nature of the Society or affect the limitations or winding up clauses.
[ top ]
The treasurer, or any other person that the Executive, nominates shall have the
custody of the common seal. The common seal shall not be affixed to any
document except by the authority of Executive.
a) The Society may at any time be wound up by a resolution of 75% of Members present at an AGM or SGM, the required quorum having been met.
b) Notice of such a resolution must be provided to the Members not less than twenty one days prior to the AGM or SGM where the matter is to be determined.
c) Notice of passing of such a resolution shall be given to the Registrar of Incorporated Societies
d) Upon dissolution or winding-up of the Society the surplus assets (after payment of liabilities) shall not be divided equally among Members of the Society but be given or transferred to some other charitable body within New Zealand having objects similar to the objects of the Society or some other charitable purpose.
[ top ]
Statement of Restorative Justice Values and Processes
- Restorative justice is a generic term for all those approaches to wrongdoing that seek to move beyond condemnation and punishment to address both the causes and the consequences - personal, relational, and societal - of offending in ways that promote accountability, healing, and justice. Restorative justice is a
- collaborative and peacemaking approach to conflict resolution, and can be employed in a variety of settings (home, business, school, judicial system, etc.). It can also use several different formats to achie the Society or any person associated with a Member or Associate shall participate in or materially influence any decision made by the Society in respect of payment to or on behalf of that Member, Associate or associated person of any income, benefit or purpose whatsoever, except in relation to any honorarium.
c) Any such payment shall be reasonable and relative to that which would be paid in an arms length transaction (being the open market value).
[ top ]
a) An Executive member, or Member of the Society shall not vote upon any ve its goals, including victimoffender dialogue, community or family group conferences, sentencing circles, community panels, and so on.
- For the purposes of this document, "restorative justice" refers to a process whereby those affected by an incident of wrongdoing come together, in a safe and controlled environment, to share their feelings and opinions truthfully and resolve together how best to deal with its aftermath. The process is called "restorative" because it is concerned primarily with restoring, insofar as is possible, the dignity and well-being of those harmed by the incident.
- From this it follows that justice processes may be considered "restorative" only inasmuch as they give expression to key restorative values, such as respect, honesty, humility, mutual care, accountability, and trust. The values of restorative justice are those values that are essential to healthy, equitable, and just
- relationships.
- It cannot be emphasised too strongly that process and values are inseparable in restorative justice. For it is the values that determine the process, and the process that makes visible the values. If restorative justice privileges the values of respect and honesty, for example, it is crucially important that the practices followed in a restorative justice meeting exhibit respect for all parties and give ample opportunity for everyone present to speak their truth freely. On the other hand, as long as these values are honoured, there is room for a diversity of processes and a flexibility of practice.
- It is this emphasis on deep human values and virtues on the one hand, and flexibility of practice on the other, that affords restorative justice such crosscultural utility. Different cultural and ethnic communities may employ different processes in order to actualise common restorative values and achieve similar
- restorative outcomes.
- For this reason, "best practice" does not just refer to a prescribed process or set of procedures to be followed by facilitators. Crucially, it also behoves all involved to:
- recognise the values and virtues that inspire the restorative justice vision;
- understand how these ideals find expression in concrete standards of practice;
- identify the skills practitioners need in order to initiate and guide interactions that express restorative justice values;
- affirm that restorative justice values and principles should shape the nature of relationships between restorative justice providers and all other parties with a stake in the field, including government agencies which contract restorative justice services from community providers.
[ top ]
2. CORE RESTORATIVE JUSTICE VALUES
The vision and practice of restorative justice are shaped by a number of key values which distinguish restorative justice from other, more adversarial approaches to justice and conflict resolution. The most important of these values include:
- Participation: Those most affected by the incident of wrongdoing - victims, offenders, and their communities of interest - ought to be the principal speakers and decision-makers in the process, rather than trained professionals representing the interests of the State. All present in a restorative justice meeting have something valuable to contribute to the goals of the meeting.
- Respect: All human beings have inherent and equal worth irrespective of their actions, good or bad, or of their race, culture, gender, sexual orientation, age, beliefs or status in society. All therefore deserve to be spoken to and treated with respect in restorative justice settings. Mutual respect engenders trust and good faith between the participants.
- Honesty: Truthful speech is essential if justice is to be done. In restorative justice, truth entails more than clarifying the facts and establishing guilt within strict legal parameters; it requires people to speak openly and honestly about their experience of offending, their feelings, and their moral responsibilities.
- Humility: Restorative justice accepts the common fallibility and vulnerability of all human beings. The humility to recognise this universal human condition enables victims and offenders to discover that they have more in common as flawed and frail human beings than what divides them as victim and victimizer. Humility also enables those who recommend restorative processes to allow for the possibility that unintended consequences may follow from their interventions. Empathy and mutual care are manifestations of humility.
- Interconnectedness: While stressing individual freedom and accountability, restorative justice recognises the communal bonds that unite victim and offender. Both are valued members of society, a society in which all people are interconnected by a web of relationships. Society shares responsibility for its members and for the existence of crime, and there is a shared responsibility to help restore victims and reintegrate offenders. In addition, victim and offender are uniquely bonded together by their shared participation in the criminal event, and in certain respects they hold the key to each other's recovery. The social character of crime makes a community process the ideal setting to address the consequences (and causes) of the offence and to chart a restorative way forward.
- Accountability: When a person deliberately inflicts wrong on another, the perpetrator has a moral obligation to accept responsibility for having done so and for mitigating the consequences that have ensued. Offenders demonstrate acceptance of this obligation by expressing remorse for their actions, by making reparation for the losses inflicted, and perhaps by seeking forgiveness from those whom they have treated disrespectfully. This response by the offender may pave the way for reconciliation to occur.
- Empowerment: All human beings require a degree of self-determination and autonomy in their lives. Crime robs victims of this power, since another person has exerted control over them without their consent. Restorative justice seeks to re-empower victims by giving them an active role in determining what their needs are and how these should be met. It also empowers offenders to take personal responsibility for their offending, to do what they can to remedy the harm they have inflicted, and to begin a rehabilitative and re-integrative process.
- Hope: No matter how severe the wrongdoing, it is always possible for the community to respond in ways that lend strength to those who are suffering and that promote healing and change. Because it seeks not simply to penalise past criminal actions but to address present needs and equip for future life, restorative justice nurtures hope - the hope of healing for victims, the hope of change for offenders, and the hope of greater civility for society.
[ top ]
3. RESTORATIVE JUSTICE VALUES IN PRACTICE
Most restorative justice processes involve a meeting or "conference" between the victim, offender, and other members of their immediate and wider community. For such a gathering to be truly restorative in character, the processes employed must evidence key restorative justice values. Many of the values-based processes listed below are, in fact, relevant to all levels of relationship in the restorative justice field - between individual facilitators, within and between Provider Groups, between Provider Groups and other community agencies and funding bodies, and between Provider Groups and the State.
A conference process may be considered "restorative" if it:
- Is Guided by Competent and Impartial Facilitators: To ensure that the process is safe and effective it should be guided by neutral, impartial, and trusted facilitators. The participants should understand and agree to the process which the facilitators propose, and the facilitators should strive to deliver on expectations created by them in the pre-conference process. Pre-conference preparation should be undertaken with all who will attend the conference.
The process is not restorative if the facilitators do not ensure that power imbalances are managed appropriately and that interactions between the parties are effectively facilitated, or if the facilitators impose opinions or solutions on participants or allow any other party to do so.
- Strives to be inclusive and collaborative: The process should be open to all parties with a personal stake in what has happened. Such participants should be free to express their feelings and opinions, and to work together to resolve problems. Justice professionals, such as police and legal counsel, may be present, but they are there to provide information rather than to determine outcomes.
The process is not restorative if key participants are required to remain silent or passive, or where their contribution is controlled by professionals who intrude their own agenda.
- Entails voluntary participation: No one should be coerced to engage or remain in the process, or be compelled to communicate against their will. Restorative processes and agreements should be voluntary. Reaching agreed outcomes is desirable but not obligatory; a well-managed process itself has value for the parties, even in the absence of agreements.
The process is not restorative if the participants are present under duress or are expected to speak or act or decide on outcomes in ways contrary to their desires.
- Fosters an environment of confidentiality: Participants should be encouraged to hold in confidence what is disclosed at the conference and not to pass it on to parties who have no personal stake in the incident. While the commitment to confidentiality cannot be absolute, since there may sometimes be compelling legal or ethical or cultural considerations that override it, in every other situation what is shared at a conference should be confidential to those in attendance.
The process is not restorative if information disclosed in confidence is relayed to people who were not present at the conference so as to inflict further shame or harm on the person who, in good faith, disclosed it.
- Recognises cultural conventions: The process should be appropriate to the cultural identity and expectations of the participants. No one should be required to participate in a forum that violates their cultural or spiritual convictions.
The process is not restorative if it is culturally inaccessible or inappropriate to the key participants or if it significantly inhibits the ability of participants to speak freely and truthfully.
- Focuses on needs: The process should foster awareness of how people have been affected by the incident of offending. Discussion should aim to clarify the emotional, material and consequential harm that has been suffered and the needs that have arisen as a result.
The process is not restorative if it is preoccupied with allocating blame or shame rather than addressing the human consequences of the incident, especially for the victim, or if it focuses solely on monetary compensation without regard to the value of symbolic reparation, e.g., apology.
- Exhibits genuine respect for all parties: All participants should be accorded fundamental respect, even when their prior behaviour is condemned as blameworthy. The process should uphold the intrinsic dignity of everyone present.
The process is not restorative if the participants engage in personal abuse or show contempt for a participant's ethnic, cultural, gender or sexual identity, or if they refuse to listen respectfully when others are speaking, for example, by constantly interrupting.
- Validates the victim's experience: The victim's feelings, physical hurts, losses, and questions should be accepted without reproach or criticism. The wrong done to the victim should be acknowledged and the victim absolved of any unjustified blame for what happened.
The process is not restorative if the victim's experience is ignored or minimised or trivialised, or if victims are made to shoulder undue responsibility for what occurred, or are pressured to forgive.
- Clarifies and confirms the offender's obligations: The offender's obligations to the victim and to the wider community should be identified and affirmed. The process should invite, but not compel, the offender to accept these obligations and should facilitate identification of options for their discharge.
The process is not restorative if the offender is not held accountable for what happened and for addressing the consequences of their wrongful actions or is forced to assume responsibility involuntarily.
- Aims at transformative outcomes: The process should aim at outcomes that meet present needs and equip for the future, not simply at penalties that punish past wrongdoing. Outcomes should seek to promote the healing of the victim and the reintegration of the offender, so that the former condition of both may be transformed into something healthier.
The process is not restorative if the outcomes are irrelevant to the victim or aimed solely at hurting the offender
- Observes the limitations of restorative processes: Restorative justice is not a substitute for the criminal justice system; it is a complement to it. It cannot be expected to meet all the personal or collective needs of those engaged in it. Participants should be informed of how restorative processes fit into the wider justice system, what expectations are appropriate for the restorative justice process, and how restorative outcomes may or may not be taken into account by the court.
The process is not restorative if it is exploited by participants to achieve unfair personal advantage, or arrives at manifestly unfair or disproportionate outcomes, or ignores considerations of public safety, or attempts to subvert society's interest in having criminal offending dealt with in an open, fair, and just manner.
[ top ]
4. CORE VALUES IN THE RESTORATIVE JUSTICE COMMUNITY
Restorative justice values should underpin all relationships between people working in the justice domain with a restorative justice purpose. The values identified above can assist the advancement of the restorative justice movement in New Zealand if those engaged in the movement, whether in the community or within government agencies, endeavour to deal with one other through conscious application of restorative values.
Restorative values should govern relationships within and between community groups. They should also shape relationships with government agencies, with those who exercise funding or administrative roles, in relationships with judges, victims' advisers, restorative justice co-ordinators, the police, probation and prison officers, and so on. The cause of restorative justice is advanced when all such partners treat each other restoratively.
A primary restorative value is respect. Mutual respect engenders trust and good faith between people. The Restorative Justice Network recognises the special role it has been given in the criminal justice system, and members of the Network will strive to undertake it diligently, giving respect to those in the system we deal with, thus earning their trust to
the benefit of the movement.
(Adopted from the Restorative Justice Network March 2004.)
[ top ]
