28 Nov 2023

Te Kooti o Timatanga Hou - Court of New Beginnings helps offenders turn their lives around

7:29 am on 28 November 2023
Judge Tony Fitzgerald presides over monthly sittings at the New Beginnings Court.

Judge Tony Fitzgerald presides over monthly sittings at the New Beginnings Court. Photo: RNZ / Amy Williams

A court that writes off charges for recurring low-level crime is helping Auckland's homeless off the streets and into work.

Te Kooti o Timatanga Hou - The Court of New Beginnings takes offenders under its wing and gives them tools to do the mahi to turn their lives around.

It first sat in Auckland 13 years ago to this month and on its anniversary held graduations.

Last year, Tim* was sleeping rough and facing charges in the Auckland District Court of assault and driving without a licence.

"I said to them that I'd been invited to join gangs and that I was offered to pretty much join the Mongrel Mob. I said that wasn't the life I wanted for me," he said.

"The prosecutor stood up and said that due to the fact I was homeless and above the age of 18 that I qualified for the new beginnings court system."

The Court of New Beginnings coordinator Carmel Claridge with Tim as he graduates.

The Court of New Beginnings coordinator Carmel Claridge with Tim as he graduates. Photo: RNZ / Amy Williams

Together with the New Beginnings Court's co-ordinator and support workers, Tim worked through a series of goals to get back on his feet.

Now 21, he said a motorbike accident that left him seriously injured in hospital just four months ago, was a big blow, but a surprise visit helped his recovery.

"My own judge turns up at my hospital, you know. To come from a background where I come from you don't really even expect a nurse to walk into your room let alone your own judge from a court," Tim said.

"It was just a real shock to me because I don't believe in people caring for other people, so to see that they actually cared and were genuinely worried about me, it was a real wake up call for me.

"Having Judge Fitzgerald come to my hospital and see me it was a real eye opener, making me feel that they really did care."

Judge Tony Fitzgerald presides over the monthly sittings at the New Beginnings Court, where proceedings are still firm - but less formal than the courtrooms that deliver sentences, not dispensations.

The court started in 2010 and evaluations have shown that its approach reduces reoffending rates by 66 percent, nights spent in prison by 78 percent and hospital admissions, also by 78 percent.

After opening with waiata, participants take turns sitting before Judge Fitzgerald, who starts by asking how they are.

He addresses the first person to approach the bench, Tim, who is graduating.

"We've seen the potential in you and the ability you've got to go on and find yourself the type of job you want to be doing, pursue those interests you've got and I hope you see in yourself the potential we see in you because it stands out a mile," Judge Fitzgerald said.

Those involved in the court, a corrections officer, police prosecutor and the court's co-ordinator, also take turns congratulating Tim.

"What a fantastic day, it's been such a joy to watch your progress through this programme and to see the things you've achieved. A lot's happened in your life in a really short space of time and you've dealt with it really well," the court's co-ordinator, Carmel Claridge, said.

The New Beginnings Court estimates around 180 people have graduated since its first sitting 13 years ago.

It has taken 10 months to get to this point - Tim has found a place to live and is making plans to get a job in the building trade.

"Not only is it a second chance, it actually helps people who want to help themselves. They're willing to help you so far as you do the work," Tim said.

"I came into this thinking I'm going to get these people to do this and that and I can do nothing. I realised real quick I've got to do most of the work myself. It's those little nudges I need, they'll help me."

Then Judge Fitzgerald wipes the slate, saying the low-level offences would have carried great consequences for Tim's future.

"I've now recorded that you're discharged without conviction, my signature's underneath it so that's all official so you'll be able to leave here in a moment with our best wishes for your future."

Tim is given a certificate and pounamu, and has a photo taken with Judge Fitzgerald and Claridge.

Michelle Kidd in her office at the Auckland District Court.

Michelle Kidd who set the programme up 13 years ago retires at the end of this year. Photo: RNZ / Edward Gay

He bows his head to receive the pounamu from the court's Whaea, Michelle Kidd, a social worker who set it up 13 years ago.

"I will gift a pounamu or a sprig of a totara tree so that they will continue to grow straight and true.

"I'm quite often, when I'm walking here to court, thinking about them and how far they've come through their own commitment."

After 30 years working at Auckland District Court, now in her 70s, Whaea Kidd retires at the end of this year.

"This court is not about numbers, getting people in. That would be hypocrisy. This court is about helping our people who have found themselves in difficult situations."

Tim has plans to raise a family and one day, run his own business.

"It's given me stability, it's given me a home. It's given me a second chance. I just truthfully thought I would've ended up in jail and it's also given me the courage to keep pushing forward," he said.

*Not his real name

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