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Introduced by the Children, Young Persons and their Families Act 1989 (CYPFA), the Family Group Conference has become a key element in New Zealand’s youth justice regime. The Family Group Conference was designed as a means of moving decision-making power away from welfare authorities and the judicial system and to reposition it with the persons most directly affected: the young person, his or her parents and extended family and the victim or victims of the offence. The Family Group Conference model represents a shift from linear decision-making, where decisions are made by judges or officials and handed down to those affected by them, towards circular or consensus decision-making where decisions are made by those affected by consensus after full and free discussion. The advantage of consensus decision-making is that different points of view must be accommodated and the participants must work together to reach a solution that is acceptable to all. It has the added advantage that the persons with the greatest interest in the outcome, the young offender and the victim, are part of the decision-making process. This paper analyses the function of the Family Group Conference in relation to the broader restorative justice philosophy and assesses the role of the Family Group Conference in addressing problems associated with juvenile offending in New Zealand today.
