Judge McElrea Restorative Justice Collection
Napier Libraries are proud to host online the complete papers of New Zealand restorative justice advocate, educator and reformer FWM McElrea. Fred McElrea was sworn in as a District Court Judge of New Zealand in 1988 and was later appointed a Youth Court Judge and Alternate Judge of the Environment Court. He retired from full-time judging in 2008 and part-time judging in 2013.
The McElrea collection has been radically expanded and a suite of background materials and reader and researcher aids added in 2017, as below.
WELCOME AND BACKGROUND MATERIALS.
These three links will tell you:
READER/RESEARCHER AIDS (START WITH THESE EACH TIME!)
So the papers will make sense, orient yourself, save time and dive deeper with these links:
- The Complete Overview and Synopsis Table: all 80 papers at a glance! PDF version
- The Complete Overview and Synopsis Table: all 80 papers at a glance! Excel version
NB: The papers have been made available for non-commercial use only. In addition to any acknowledgements required inside individual papers, users should acknowledge Fred McElrea and any other authors and the publishers, if any, and should also cite this web address: http://www.napierlibrary.co.nz/special-collections/judge-mcelrea-papers. The authors’ moral rights are asserted under the Copyright Act 1994.
The site was launched officially in October 2017.
Recent additions:
McElrea and this collection’s collator, David Thompson, have co-authored a three-part series on the history of the “traditional” criminal justice system from a restorative perspective. Parts I, II and III respectively have been published online and in hard copy at [2019] New Zealand Law Journal No. 4 May at p. 126, No. 7 August at p. 240 and No. 10 November at p. 378.
McElrea and Prof Chris Marshall, who holds New Zealand's only chair in restorative justice, were interviewed on RNZ: National's Sunday Morning programme by Wallace Chapman on 15th April 2018 about how restorative justice works and public acceptance of it. Download the 21 minute audio file.
Papers by Judge McElrea are available for download below (but start with the two tables in reader/researcher aids above):
- A NZ perspective in old and new restorative justice writings - Chapter in Criminal Punishment & Restorative Justice Past, Present and Future Perspectives, UK - 2006
- Accountability in the community - Legal Research Foundation, NZ - 1995
- Adult restorative justice practice in NZ - Chapter in Restorative Justice and Practices in New Zealand Towards a Restorative Society, NZ - 2007
- Announcing speakers on justice - St Aidan’s newsletter, Auckland - 2006
- Community & government - Restorative justice conference, Florida - 199811
- Community Justice Centres proposal - Own record, NZ - 200604
- Criminal law & restorative justice - Lecture notes, AUT University, Auckland - 200809
- Culture of peace - UNESCO launch, Wellington - 199909
- Customary values & role of prosecutors - Law conference, South Africa - 20070221
- Draft submission on Sentencing Bill - Legislative submission, NZ - 200109
- Education, discipline and restorative justice - Legal Research Foundation, NZ - 1996
- Experiential learning - Kristen School address, Auckland - 20001117
- Impact of Prof Zehr's visit - Stimulus newsletter, Auckland - c. 1994
- Intent of law behind Family Group Conferences - Conference of NZ Youth Court Assoc, Auckland - 19940225
- Internal report on UK study trip - Ditchley and London, UK - 200007
- Internal report USA trip - Report to Chief District Court Judge, NZ - 200510
- Interpreting NZ statistics on post-restorative justice recidivism - Interview, Radio NZ - 20050214
- Intro to restorative justice for Caribbean - International Criminal Bar Conference, Bahamas - 200105
- JPs' conference - Conference of Justices of the Peace, Greymouth - 20060304
- Judges' role in creative conferencing - Judges' workshop, Wellington - 19981030
- Law & restorative justice - Lecture notes, AUT University, Auckland - 200104
- Lawyers challenged to reduce reliance on prisons - Acquitalk legal newsletter, NZ - 200907
- Let justice flow like a river - Church address, Auckland District Law Society - 199702
- Long view of modern restorative justice history - Conference, Prison Fellowship, Auckland - 200605
- Meditative Tradition & restorative justice - Conference , Queensland - 200205
- New dimensions of sentencing - Seminar, NZ Law Society - 200303
- NZ experience of restorative justice legislation - Restorative justice conference, Fresno & Minnesota - 2005
- NZ Model of Family Group Conferences - Penal conference, Ontario - 199803
- NZ perspective on restorative justice - Law conference, London - 20020616
- One judge's role in developing restorative justice - Report [redacted] to judicial group, NZ - 200307
- Partners or adversaries - Peace conference, Massey University, Auckland - 2000424
- Peacemaking through restorative justice - LEADR [Lawyers Engaged in Alternative Dispute Resolution] conference, Perth - 199705
- Personal view to lawyers [redacted] - Criminal Bar address - 201012
- Procedural revolution from courts to restorative justice - Chapter in Civilising Criminal Justice An International Restorative Agenda for Penal Reform, UK - 2013
- Procedural revolution from courts to restorative justice - Law conference, Winchester - 20071010
- Rape, 10 years' ‘progress’ - Conference, Wellington - 199603
- Reflections after UK study trip - Ditchley and London - 200006
- Relationships in restorative justice - Chapter in Relational Justice Repairing the Breach, UK - 1994
- Resolving conflict from a 'New Testament' perspective - Conference, Melbourne - 200102
- Resource Management Act & restorative justice - Environmental law conference, NZ - 200407
- Restorative corrections - International Corrections & Prisons Assoc conference, Amsterdam - 200210
- Rethinking punishment - District Court Judges’ conference - 199404
- Role changes from court to Family Group Conferences - Legal Research Foundation, NZ - 1993
- Roles of state & community - Lecture notes, AUT University, Auckland - 200808
- Sentencing Act 2002 restorative justice section by section - Seminar, Auckland District Law Society - 20020902
- Sexual abuse and restorative justice - Conference, Australia-NZ Assoc Treatment of Sexual Abusers, Auckland - 200404
- Some thoughts on Resource Management Act prosecutions - Butterworth's Resource Management Bulletin, NZ - 2007
- Table of adversary justice & restorative justice - Tonga - 200410
- Te Oritenga restorative justice group & church - St Giles’ address, Auckland - 199709
- Thoughts about study trip - North America - 1995
- Towards a less aggressive culture - Graduation address, Waikato University, NZ - 20010509
- Twenty years of restorative justice in NZ - Journal of Commonwealth Criminal Law - 2011
- Victims' rights submissions - Submission to Parliamentary Cttee, NZ - 20070329
- Visit to Northern Ireland - International Corrections & Prisons Assoc newsletter - 199905
- Why restorative justice works - Restorative justice conference, Florida - 199811
- Win-win solutions to school conflict - Education law conference, Sydney - 199707
- Youth Court in NZ New Model of Justice - Seminar, Cambridge University - 19931020
- Youth Court Judges discussion qq - Youth Court Judges Conference, Auckland - 19950316
- Youth justice in NZ - Article in NZ Herald - 199706
Papers written, wholly or partly, by other authors - also available for download:
- Adult restorative justice case law by Yael Shy - Student thesis, Auckland - 2006
- Benefits to defendants in environmental prosecutions by Deborah Clapshaw - Butterworth's Resource Management Bulletin - 2009
- Journey to belonging by Prof Howard Zehr - Conference, Massey University, NZ - 20000424
- Making peace or doing justice by Dr (later Prof) Nigel Biggar - Chapter in Burying the Past Making Peace and Doing Justice after Civil Conflict, USA - 2001
- Prison-based restorative justice by McElrea & Katounas - International Corrections & Prisons Assoc, UK - 200112
- Restorative justice in NZ courts 1995-2005 by Judge Stan Thorburn - Conference, Shenzhen, China - 200507
- Restorative justice values and standards by Dr (later Prof) Chris Marshall - Restorative Justice Network, NZ - 200306
- Survey of 17 adult conferences by Yael Shy - Student paper, Auckland - 2006
- Te Kōti Rangatahi, The Rangatahi Court, Best practice - Court publication - 20150701
- Turning the tide in the courts by Chief District Court Judge Russell Johnson - Restorative Justice conference, Wellington - 201003
- Victims' needs and rights, co-written at AUT Restorative Justice Centre - Submission to Ministry of Justice, NZ - 20100318
Cases: judgments and sentencing notes
- Auckland City Council v Shaw - NZ District Court (McElrea DCJ) - 20060302
- Dikoko v Mokhatla case and summary - Constitutional Court of South Africa - 20060803
- R v Buttar - NZ District Court (McElrea DCJ) - 20070914
- R v Buttar, Court of Appeal - NZ Court of Appeal - 20080226
- R v Sami - NZ District Court (McElrea DCJ) - 20051014
- State v Maluleke - High Court of South Africa - 20060613
- Van der Walt v ABSA Bank - High Court of South Africa - 20061017
Indexes to material elsewhere:
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