University of Auckland, 3-4th September 2015
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University of Auckland, 3-4th September 2015 Kotahi ano te kohao o te ngira E kuhana ai te miro mā, te miro pango, te miro whero. I muri i ahau, kia mau ki te aroha ki te ture me te whakapono. There is but one eye of the needle through which the white, black and red threads must pass. After I am gone, hold fast to love, to the law, and to resolute faith. Whakatauākī - PŌtatau Te Wherowhero, the first Māori King at his coronation, 1858.
Nau mai haere mai
Welcome to the Aotearoa Conference on Therapeutic Jurisprudence
On behalf of the Conference Program Committee, we are excited to be hosting the first Aotearoa
Conference on Therapeutic Jurisprudence.
The theme of the conference ‘Weaving Strands: Ngā whenu rāranga’ signifies the unique interlacing of cultural, legal,
psychological and social practice and philosophy in Aotearoa New Zealand to the international concept of therapeutic
jurisprudence. Building on the success of three previous therapeutic jurisprudence forums of this kind held in England
(1998), America (2001), and Australia (2006), we hope the next two days will foster an inter-disciplinary and collegial
environment to discuss and constructively debate the place of therapeutic jurisprudence in a variety of contexts.
Please find enclosed your information pack that includes important information to make your experience of the conference
positive. This includes information on conference program committee, a guide to the powhiri, the program at a glance and
details of the conference related events.
We look forward to meeting you all over the next few days.
Ngā mihi nui,
Katey Thom and Warren Brookbanks
Aotearoa TJ conference program committee Mental Health Law in New Zealand, in its second edition
(2005). He has also edited a volume of essays: Psychiatry and
Co-Chairs the Law (2007) and co-edited Criminal Justice in New Zealand
Katey Thom (2007) with Julia Tolmie. Warren’s text, Competencies of Trial:
Fitness to Plead in New Zealand was published in 2011.
Katey Thom (PhD) is a Senior Research Fellow in the Faculty
of Medical and Health Sciences at the University of Auckland.
Her research interests are broadly focused on the intersection Committee members
between law and mental health. She had recently completed Stella Black
three projects related to the application of mental health law,
including the use of advance directives, an exploratory on Stella Black (BA (Hons)/LLB), is of Tuhoe, Ngati Whakaue,
the role of district inspectors and the decision-making of the Whakatohea, Te Whanau-a-Apanui descent and grew up
mental health review tribunal. Katey’s current research has in Mt Maunganui. She has worked as a Maori Researcher
a strong focus on social justice issues in mental health and in the School of Nursing, since 2011. Previously she worked
addictions, covering various aspects of mental health law, the research unit at Waitemata DHB Awhina Health campus
human rights and more recently therapeutic initiatives within and undertook several research projects in the fields of
the criminal justice system. She is currently leading a Marsden mental health and addictions including: service delivery and
funded project on the application of therapeutic jurisprudence workforce development evaluations; and the development
in New Zealand’s specialist problem-solving courts and Co-PI and testing of a AOD tool specifically for Aotearoa NZ youth.
on a project focused on Nga Koti Rangatahi. Stella is passionate about working Maori young and old and
the complexities of Maori realities shaped by historical and
contemporary issues as they transect the health, criminal and
Warren Brookbanks social justice systems.
Warren (LLD) is a Professor of Law at the Auckland University
Law School, where he has taught since 1983. His previous Kate Diesfeld
experience is as a criminal barrister, probation officer and
departmental solicitor. Warren has an international reputation Professor Kate Diesfeld (BA, JD) is a member of the California
in the fields of criminal law, mental health law and therapeutic State Bar and practiced mental health law in Los Angeles. In
jurisprudence. He is co-author of the leading text Simester and England, she was the Legal Supervisor of the Kent Law Clinic
Brookbanks, Principles of Criminal Law, Brookers, now in its (Mental Health and Learning Disability). She also represented
fourth edition (2012), and co-author of Bell and Brookbanks, people before the Mental Health Review Tribunal. In NewZealand, Kate was the Director of the National Centre for Anthony O’Brien
Health Law and Ethics. At Te Piringa Faculty of Law (University
of Waikato) she was the Associate Dean of Research. With Anthony (RN, PhD) is a mental health nurse whose clinical
Professor Ian Freckelton, QC she co-edited Involuntary Detention practice in liaison psychiatry includes the role of duly authorised
and Therapeutic Jurisprudence: International Perspectives on officer. Anthony’s previous research and publications have
Civil Commitment (Ashgate, 2003). With Ian McIntosh she co- covered issues of nursing practice in relation to mental health
edited Elder Law in New Zealand (ThomsonReuters, 2014). She legislation, use of community treatment orders, and the
is an editor for the Journal of Legal Medicine. relationship between social deprivation and use of mental
health legislation.
Alice Mills
Khylee Quince
Alice Mills (PhD) is a Senior Lecturer in Criminology in the
Department of Sociology at the University of Auckland. She has Khylee (BA/LLB (Hons) LLM) is a leading Maori academic in the
been researching problem solving courts since her arrival in field of youth justice and criminal law. She established the first
New Zealand in 2011 and is currently engaged in research on specialised elective course in Youth Justice, and has recently
Rangatahi courts. Her other research interests include mental published “Youth Justice in Aotearoa” (LexisNexis 2014), the
health in prisons, the work of NGOs in criminal justice, and the first law and policy critique of our unique specialised youth
housing needs of vulnerable groups, particularly ex-prisoners. justice system. Khylee has been recognized for her outstanding
teaching in law, most recently being awarded the National
Tertiary Teaching Excellence Award for sustained excellence in
2014.
Programme at a glance
September 3rd – 4th . Registrations open, 08:00am – 5:00pm
Programme, Thursday September 3rd
07:45 – 08:00 Gather at Waipapa Marae Gate
08:00 – 09:20 Powhiri, followed by morning tea
09:30 – 10:30 Karakia followed by conference opening words from Andrew Bridgman and keynote address
of Khylee Quince
10:30 – 12:00 Concurrent session one
12:00 – 13:00 Lunch
13:00 – 14:00 Keynote address of Chris Marshall
14:00 – 15:30 Concurrent session two
15:30 – 16:00 Afternoon tea
16:00 – 17:00 Keynote address of David Wexler, followed by karakia
17:30 – 18:30 Welcome reception and book launch of Therapeutic Jurisprudence: New Zealand Perspectives
(ed. Warren Brookbanks)
Programme, Thursday September 4th
09:00 – 10:00 Karakia, followed by keynote address of Lisa Tremewan and Rawiri Pene
10:00 – 10:30 Morning tea
10:30 – 12:00 Concurrent session three
12:00 – 13:00 Lunch
13:00 – 14:00 Keynote address of Michael Perlin
14:00 – 15:30 Concurrent session four
15:30 – 16:00 Afternoon tea
16:00 – 17:00 Keynote address of Ian Freckleton
17:00 – 17:45 Concluding words by co-chairs Katey Thom and Warren Brookbanks, followed by conference closing by
Kim Workman and karakia
19:00 Conference dinnerConcurrent Session Programme
Thursday Sep 3rd, Session One, 10:30am
1.1 Transforming spaces #1 1.2 Impairment & the law 1.3 Disrupting dichotomies #1: Victims, offenders & gender 1.4 Mental health intersections with the law #1
Case study room 2, Chair: Anthony O’Brien Case study room 3, Chair: Warren Brookbanks Case study room 4, Chair: Jane Bolitho OGGB5, Chair: Penelope Weller
Stella Black, Katey Thom
Heather Campbell Rob Hulls Lillian Ng, Susan Hatters-Friedman, Kate Diesfeld
Redefining legal space, rethinking research: Weaving strands
Unusual suspects: Criminal behaviour in dementia Victim or offender: A useful debate? How therapeutic jurisprudence can impact practice
in Aotearoa New Zealand specialist courts
Jared Sharp Jon Nuth, Louisa Jackson Amanda Wilson
Seonaid Abernethy
Glimmers of therapeutic hope in the Northern Territory’s Falling between the cracks: Brain injured offenders & Gender limited: The impact of negating performativity &
Folly, ‘mental health’, & embodiment
mass incarceration catastrophe therapeutic dispositions in New Zealand penal law intersectionality in criminal justice
Sarah Gordon
Kate Diesfeld, Jennifer Moore, Donna Buckingham
Stefan Sjöström, Maritha Jacobsson Ignorance or disregard: The New Zealand government
Hiroko Goto, Tadashi Nakamura To rehabilitate or to discipline? A therapeutic
Obsessed with alcohol? Comparing discourse about alcohol in response to the Convention for the Rights of Persons with
Recent movement of therapeutic justice in Japan jurisprudence analysis of impaired lawyers’ proceedings in
rape & battery/assault Disabilities’ advice & recommendations on the Mental
New Zealand
Health Act
Thursday Sep 3rd, Session Two, 2:00pm
2.1 Disrupting dichotomies #2: Victims, offenders & gender 2.2 Court innovation #1: Practice, policy & evaluation 2.3 Mental health intersections with the law # 2 2.4 Vectors of the comprehensive law movement #1
Case study room 2, Chair: Stefan Sjöström Case study room 3, Chair: Elizabeth Moore Case study room 4, Chair: Lillian Ng OGGB5, Chair: Warren Brookbanks
Ian Deardan Robert Schopp Nina Khouri
Kerstin Nordlöf
Mainstreaming therapeutic jurisprudence in indictable Therapeutic jurisprudence, parens patriae interventions, & Bringing apologies into the mainstream: The case for
Child witnesses of domestic violence
courts: A judge’s perspective human dignity apology legislation in New Zealand
Jane Bolitho Penelope Weller
Elisa Buggy Tony Foley
White wine, red wine & the value of cleanskins: What’s in a Therapeutic jurisprudence & the Convention for the Rights of
Tales from the frontline: The difficulty of translating ‘best Mainstreaming therapeutic jurisprudence: An example of
label? Restorative justice, therapeutic jurisprudence & Persons with Disabilities in mental health law: Are they
practice’ guidelines into effective therapeutic courts judges seizing the initiative to sentence restoratively
justice innovation different bottles?
Alice Mills Jelena Popovic Yoshikazu Ikehara Thomas Barton
Family violence courts: ‘Therapeutic’ for whom? Designing innovative court programs for longevity Family group conference as an alternative to guardianship The past & future of preventative/proactive law
Friday Sep 4th, Session Three, 10:30am
3.1 Court innovation #2: Practice, policy & evaluation 3.2 Youth & the criminal justice system 3.3 TJ teaching & research 3.4 Mental health intersections with the law #3
Case study room 2, Chair: Elizabeth Richardson Case study room 3, Chair: Khylee Quince Case study room 4, Chair: Elizabeth Grierson OGGB5, Chair: Sarah Gordon
Greg Levine, Elisa Buggy Camille Nakhid, Guled Mire Stephen Tang Anthony O’Brien, Jacquie Matthews
Victoria’s family drug treatment court: A commitment to African youth experiences with the police & the New Transforming & transformative law schools: A therapeutic Analysis of nursing practice in the role of duly authorised
hope Zealand justice system model of legal education officers using principles of TJ
Suzanna Fay-Ramirez
Nicky McWilliam
Restorative justice through therapeutic practice: Cultivating Sue Duncombe, Daniel Daylight William Leasi
Experiential law & research: Developing a new approach to
interdependency & communitarianism in family treatment NSW youth koori court: Opportunities & challenges Samoan perceptions of compulsory treatment orders
legal pedagogy
court
Elizabeth Moore Amanda Wilson, Diane Robinson
Gerald Waters Alan Harrison
The therapeutic jurisprudence journey continues: Towards Breaking the mold: Reflections on teaching therapeutic
New Zealand youth traffic offences & traffic offending Use of nutrition in legal problems dealing with mental illness
best practice in Tasmanian drug courts jurisprudence in law
Friday Sep 4th, Session Four, 2:00pm
4.1 Transforming spaces #2 4.2 Court innovation #3: Practice, policy & evaluation 4.3 Mental health intersections with the law #4 4.4 Vectors of the comprehensive law movement # 2
Case study room 2, Chair: Alice Mills Case study room 3, Chair: Elisa Buggy Case study room 4, Chair: Anthony O’Brien OGGB5, Chair: Tony Foley
Astrid Birgden Jelena Popovic, Glenn Rutter Patsy-Jane Tarrant Elizabeth Grierson
Therapeutic jurisprudence in practice in the correctional The court integrated services program (CISP): Unique & The therapeutic role of the court liaison nurse in criminal Restorative justice: From adversarialism & blame to
system: A multidisciplinary approach effective in many ways courts in New Zealand responsibility & reparation
Randal Frizler, William Brown, Robert G. Stanulis
Rebecca Stoop Susan Hatters Friedman, Suzanne Yang, Andrew Howie,
Glenn Rutter, Brianna Chesser “If you can’t be a good example, you’ll just have to service
Sentencing sex offenders: A therapeutic jurisprudence Sherif Soliman
Changing lives: The assessment & referral court (ARC) list as a horrible warning”: The American experience of veterans
inquiry into the current legal framework How do evaluees hear testimony? Forensic experts' views
returning home & the criminal justice system
Nicky McWilliam Elizabeth Richardson Kate Prebble
Luke Strongman
A pilot community conflict management training program at Mental health courts: Through the lens of social control Misfits of deinstitutionalisation? A history of service provision
Double standards & corporate neutrality
a therapeutic prison theory for mentally-ill criminal offenders in Auckland, 1972-1988Waipapa marae: Protocol for the pōwhiri
This proverb has many meanings one of which is that respect should be accorded to
those whose domain you enter.
He kāinga nō te ururoa, te moana The ocean is the home of the shark
He kāinga nō te kereru, te ngahere The forest is the home of the wood pigeon
Ko Maungakiekie te maunga Maungakiekie is the mountain
Ko Waitemata te moana Waitemata is the sea
Ko Ngāti Whātua te iwi Ngāti Whātua are the people/tribe (of Auckland)
Ko Waipapa te marae Waipapa is the University Marae
Ko Tāne-nui-ā-rangi te wharenui Tāne-nui-ā-rangi is the meeting house
Ko Reipae te wharekai Reipae is the dining hall
Terms
hongi ........................................pressing together of nose and forehead in greeting
[look downwards but do not close your eyes]
kaikaranga ..............................the woman/women ‘caller’ (tangata whenua side)
who has the honour of calling on the visitors
kaikōrero..................................the speaker
kaiwhakahoki i te karanga.....the woman/man ‘caller’ (manuhiri side)
who has the honour of returning the call to the tangata whenua
karanga ...................................a call
karakia ....................................a prayer
kaumātua ................................elder(s) [inclusive of both male and female]
kawa.........................................protocols, rules, procedures
koha..........................................a gift/donation [a gesture of appreciation]
manuhiri ..................................visiting group
marae ......................................whole complex, grounds and buildings
marae atea..............................ground directly in front of the wharenui [forecourt of the marae]
ope............................................group
pōwhiri.....................................ceremony of welcome
tangata whenua......................home people [people of the marae]
tangihanga..............................bereavement/funeral
waiata.......................................song
wairua......................................spirit
wharenui..................................meeting house
wharekai...................................dining hall and/or kitchenPōwhiri process This hand-out is a brief guide to the procedure for attending a pōwhiri (traditional maori welcome) at Waipapa Marae. The kawa (protocol) can vary from place to place but for this marae the following guide will give you some idea of what to expect. It should be noted that walking on to the marae (māori meeting house) is a time of remembrance, sadness and showing of respect. The manuhiri (visitors) should walk forward slowly with their head bowed, some even shed tears for those who have died. So when called on to the marae it is appropriate to be silent and reverent. 1. Assemble outside the gate and organise kaikōrero (speakers) and kaiwhakahoki i te karanga (the person who will return/answer the call from the home people). 2. Move to the gate - women in the front, men at the back (and sides). It is important that you keep together, with your caller in the front. Usually the elder women of your group will stand at the front. Stay together as a group when moving forward. 3. When the kaikaranga (caller) for the tangata whenua (home people) gives her call, your ope (group) proceeds to walk forward slowly on to the marae atea (porch front of māori meeting house). It is polite to be silent during the pōwhiri. It is important to stay close together as a group when walking on to the marae - so if you have children they should be at your side. 4. The kaiwhakahoki i te karanga for the manuhiri will reply. She/he is at the front (or sometimes to the sides) of the group and everyone stays behind or close by. The group walks slowly forward and stops about halfway between the gate and the wharenui. At this point the group will stop for one to two minutes. 5. The manuhiri starts walking forward and the kaikaranga for the tangata whenua will begin their second call. 6. The call is answered by the kaiwhakahoki i te karanga for the manuhiri. The group walks on to the porch of the marae where they remove their shoes. They enter the house and go to the right side of the house. They then walk to the right hand side of the house and remain standing. Visitor seating is provided on that right hand side of the house (those unable to get a seat will be seated behind them on the floor or on mattresses). It is correct to remain standing until everyone is assembled inside and until you are asked to be seated by the tangata whenua. Please keep the front row (or two) free for the speakers and male elders. 7. Once seated, the speeches begin (prior to this though, a prayer of thanks is often given). As each speech is made, it is followed with a waiata (song). The manuhiri speakers follow with their speeches and waiata. See below for potential waiata for the conference powhiri. 8. At the end of the speeches the tangata whenua will indicate to the manuhiri to come forward to shake hands and to hongi (nose pressing). 9. The hongi is incorrectly translated as rubbing noses. The hongi has special significance, including the mixing of the breath and the wairua (spirit). Often the hongi is only performed by the kaikōrero (speakers) and kaumātua (elders) of your group. The nose and then the forehead are pressed against the other person’s nose and forehead once. In other parts of New Zealand it is usually two presses of the nose). 10. The formal part of the Pōwhiri finishes once the person has had something to drink and eat (there are cultural reasons for this). You are now tangata whenua and you become part of Waipapa Marae. You will be called into the
wharekai where a karakia (prayer) is always said before the eating of a meal. A utensil is tapped on the table to
indicate to people to be quiet and still as the prayer is about to be said.
11. Elders and visiting dignitaries should be given first priority when lining up for food or for seating at the tables.
Points to Remember
Please be aware that food and drinks are not permitted in the wharenui.
A great deal of respect is accorded to people who are speaking so there are some rules that are
important to know.
• There are no absolute restrictions on women to speak within the wharenui but there are appropriate
places and times. So always check prior to standing or until someone has indicated.
• It is not polite to speak when others are speaking. No matter how much you disagree with a speaker,
you must wait until they have finished talking completely.
• Never walk in front of a speaker. If you really need to move then walk behind them or bend down if
walking in front of them.
Himene (hymn)
Whakaria Mai How Great Thou Art
Whakaaria mai Show
Tōu rīpeka ki au your cross to me.
Tiaho mai Let it shine
Rā roto i te pō there in the darkness.
Hei kona au To there I
Titiro atu ai. will be looking.
Ora, mate, In life, in death,
Hei au koe noho ai let me rest in thee.
See link for tune:
www.youtube.com/watch?v=YeWtYFsy3Ko
Waiata (song)
Te Aroha E hara
Te aroha E hara i te mea
Te whakapono No naianei te aroha
Me te rangimarie No nga tupuna
Tatou tatou e I tuku iho, i tuku iho
x2 x2
See link for tune: See link for tune:
www.youtube.com/watch?v=uefJdSCkzPo folksong.org.nz/ehara_i_te_mea/index.htmlWelcome reception, Thursday Sept 3rd, 5:30pm The welcome reception will be held on the foyer of the Owen Glenn Building where the conference is taking place. The welcome reception will also serve as the book launch to Warren Brookbank’s book, entitled Therapeutic Jurisprudence: New Zealand Perspectives, including as part of the full registration package. Drinks and nibbles will be served from 5:30pm, followed by welcoming words from Co-Chairs Warren Brookbanks and Katey Thom. Sir Anand Satyanand will open the book launch. Sir Satyanand is a former lawyer, judge and ombudsman. He was the 19th Governor-General of New Zealand. He is now Chair of the Commonwealth Foundation. Guests will also hear from representatives of the book publisher Thomson Reuters and conference sponsors, The New Zealand Law Foundation and The Australian and New Zealand Association of Psychiatry, Psychology and Law Conference dinner, Friday Sept 4th, 7:00pm The conference dinner will take place at the Fale Pasifika on the University of Auckland grounds, a short walking distance from the Owen Glenn Building where the conference is taking place. The Fale Pasifika is one of the more iconic buildings on the University of Auckland campus and plays an important role as the touch-point between the University and Pacific communities. In most Pacific communities, the role that a central structure, such as the Fale Pasifika, has in the setting of a “village green” or malae (marae), is to be the centre of focus for communal activities. In parts of Polynesia for example, over the course of any given day, the village fale will serve a number of purposes. In the mornings, it is likely to be the venue for women’s committees to meet on issues to do with family and communal health or to work together on various forms of heritage arts (weaving fine mats, making tapa, etc.) for important upcoming events. In the later part of the afternoon, the fale will be the venue for meetings of the village elders and in the evenings, it is likely to be the venue for village social events. On special occasions, such as the bestowal of chiefly titles, the fale will be the focal point for the formalities and communal celebrations. For most Pacific communities, such a fale is more than just a physical structure: it is their point of reference for activities that are central to their cultural expression and it gives them a sense of place and community. Equally, the University’s Fale Pasifika, plays a similar role in our outreach and relationship with Pacific communities. See www.auckland.ac.nz/en/about/pacific-at-the-university/our-fale.html for further information on the Pasifika Fale.
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