Justice Speaks Podcast Episode #35

Judges Lisa Tremewan and Ema Aitken are the founders of the New Zealand Alcohol and Other Drug Treatment Courts (AODTC).  The late Chief Judge, Russell Johnson, sent a delegation of judges to the National Association of Drug Court Professionals’ annual training conference in 2009.  Judge Tremewan describes it as a “profound experience.”  Judge Aitken thereafter attended a conference in Australia and learned of the research that had been done on these types of courts.  They decided they would take leadership in establishing such courts in New Zealand.

The First National Conference

In 2010 there was a conference in Auckland to introduce the concept of treatment courts to the justice system and three years later the first treatment courts opened in Auckland and Waitakere.  They had enthusiastic support from the Ministry of Health and some resistance from the Ministry of Justice. From the beginning, treatment providers have been the most supportive of the AODTCs. Now, however, the national prosecution has “done a 180” and are key supporters. They did a “snapshot” of offenders in the AODTC and, on a given day, found that prior to entry into the treatment court participants had committed 911 offenses; since they had been in the court the number fell to 9 new offenses. From that survey it was clear that recidivist offenders were the correct target.   In New Zealand, unlike other countries, it is unusual for judges to take the lead in an initiative, but these judges were convinced that the evidence was clear that these courts worked for high risk/high need offenders. 

At first, it was counter-intuitive and felt too risky to target offenders headed to prison with horrendous histories of re-offending, but they kept their “eye on the long game.”  The AODTC was clearly an alternative to prison which costs $100,000 per inmate per year in New Zealand. 

Admission Criteria for the Court

Anticipating more applicants than the 100 that currently can be served by the two courts, entry criteria were established through a static risk score that is reasonably reliable except for the recidivist drink driver (DWI/DUI).  There are also weighing factors for admission to address social needs.  Those factors are:

• Does the potential participant have children?
• What is the public safety risk?
• Is there is a history of family violence as a victim or perpetrator?
• Does the person identify as Maori? This particular factor acknowledges the over-representation of Maori in the criminal justice system and pays respect to the heritage and history of New Zealand.

The Maori Cultural Advisor/Pou Oranga

A unique feature of the New Zealand AODTC not found anywhere else in the world is the presence of the Pou Oranga (Maori cultural advisor) as part of the AODTC team.  The Pou Oranga has developed a cultural framework that creates a guide for culturally meaningful and responsive practices in the AODTC.  This helps address the gross disproportional representation of Maori in the justice system.  The Pou Oranga provides cultural input at team meetings as well as treatment recommendations since he is a certified counselor.  He coordinates with the treatment providers and is himself 26 years clean and sober.  He is an excellent male Maori role model and an integral part of the court.

Support from AA/NA/AlAnon

The courts also have tremendous support of Alcoholics Anonymous, Narcotics Anonymous and AlAnon.  There has been someone from the Fellowship in every session of the over 600 sittings of the AODTC to offer support and hope.

The Election of 2016

New Zealand now operates with a coalition government made up of the Labour Party, Green Party and New Zealand First Party.  The first two specifically included expansion of the AODTCs in their platforms.  The current Prime Minister, Jacinda Arden, visited the AODTCs before her election.  The Minister of Justice, Andrew Little, is also quite supportive of rolling out the AODTCs throughout the country in 2019. 

The Second National Conference

On 24 and 25 January 2019, there will be a second national training conference at the University of Auckland entitled “Future Directions of Aotearoa’s Alcohol and Other Drug Treatment Court – Te Whare Whakapiki Wairua.”  There will be a range of speakers from the United States, Australia, the United Kingdom and New Zealand.  They will also launch the Australasian and Pacific Association of Drug Court Professionals at the conference.

How Working in the AODTC is Transforming

Judges Tremewan and Aitken have found their work in the AODTC professionally and personally transformative.  They say working in the AODTC:

1. As a judge, it brings more meaning to your work
2. It is far more rewarding and interesting that business as usual
3. It is a privilege to witness change
4. Working collaboratively is enriching
5. It is both challenging and rewarding to lead change
6. This work makes the community safer
7. It is humbling work to see the strength of character it takes for participants to reach recovery
8. AODTC day is the best day of the judicial calendar