The Criminal Justice System Response to Domestic Violence in New Zealand

Abstract

The question of how the criminal justice system ought to deal with domestic violence lies at the heart of this thesis. Since the 1970s Western jurisdictions have made increasing use of the criminal justice system as a tool to combat domestic violence and New Zealand has not been immune to the lures of the criminalisation solution. As a result, this country now has a range of intervention tools, including firm arrest and prosecution policies, comprehensive civil remedies in the form of court orders, and a range of crisis and counselling services for both offenders and victims. In the light of these changes, the broad objective of this thesis is three-fold: to analyse the kinds of domestic violence incidents and people (offenders and victims) dealt with by police; analyse the criminal justice system's response to these; and explore the extent to which recent police policy developments have improved the situation for victims of domestic violence. On the basis of an analysis of 270 police files and interviews with 24 victims of domestic violence, the findings of this research suggest that tough arrest and prosecution policies do not necessarily meet the needs of all victims of domestic violence. A number of recommendations are identified in an attempt to improve the situation of victims of domestic violence and make the criminal justice system generally, and law enforcement officials in particular, more responsive to the needs of victims. These recommendations are made with respect to police policy and practice, court practices, counselling options, culturally appropriate interventions, and primary prevention options.