Law and Order: Conference Reporting 2023

Reviewing Section 8 of the Law Book

The disciplinary process in section 8 of the Law Book is largely founded on retributive justice and modelled on a process similar to that in our judicial system, in line with processes that are adopted by professional bodies: serious complaints lead to charges and a hearing before the Disciplinary Tribunal with evidence given on oath. The Tribunal then has powers to issue a decision and discipline the minister or other member of the Church. For a minister, the sanction can be suspension or removal from full connexion. The process makes provision for mediation, which enables an agreed resolution in some cases.

Unlike the criminal and civil court system (save for family disputes) the charges are not publicised, and hearings are usually “in committee”, that is in private.

The process is adversarial and focused on establishing facts through evidence, making findings of fact and, where breaches of the Church’s rules are proved, imposing a sanction. The process does not engage tikanga or restorative justice values. It is largely confidential, involving official correspondence and process with no kanohi ki kanohi, unless mediation takes place. Te ao Māori is not reflected in the process and there is no focus on restoring relationships.

Neither the victims of the wrongdoing, the wrongdoer, or the Church (or wider) community are served well by this approach. It often destroys relationships and may leave both wrongdoers and victims worse off. It leaves the Church community uninformed, or partly informed through gossip or one-sided accounts. This is divisive, destructive and means that useful opportunities to both heal, learn lessons and grow (as members, individuals and as a Church) are lost.

The proposal is that the Church move to develop a new process to replace Section 8 which reflects te ao Māori and restorative justice principles. The recommendation is that this approach apply across the Church.

Restorative justice sits well alongside, and is imbedded in, te ao Māori processes for addressing wrongdoing. It is recognised and used within parts of the formal criminal justice system in New Zealand and elsewhere. Importantly, we are a Church and restorative justice is aligned with Christ’s teachings.

Key elements of the new process envisaged include:

§ The President’s role would remain pastoral and separate from the process

§ One tikanga restorative process for all Church members

§ Restorative (relationship, respect, responsibility, repair, reintegration), rather than punitive focus. But with the Tribunal process available where a member complained against refuses to engage in this process/admit any wrongdoing

§ Kanohi ki kanohi integrated into restorative process

§ Mediation remains available

§ Openness and engagement within the part of the Church community affected, but with confidentiality protections included for the vulnerable where needed

Glossary

Te ao Māori – The Māori world view

No kanohi ki kanohi – face to face

Tikanga - Customary practices

Key focus of Committee in 2023

The work of Law Revision since last Conference has focused primarily on the review and revision of Section 8 of the Disciplinary Procedures of the Law Book. A wānanga including church members, legal professionals and experts was held to develop a framework for the proposed changes to the procedures. At the wānanga we looked at the conceptual underpinnings of a restorative approach to relationship breakdown. Retributive justice focuses on rules and penalties. Restorative justice, however, is undergirded by relational values and focusses on harms and repairing those harms. Relational values recognise that we exist with and in relation to others: interconnectedness (whanaungatanga). Moving to a restorative approach therefore involves a significant change of focus.

It remains necessary to establish the truth and protect others. As a result, a process always needs the option for a formal process based on natural justice. The hope is that by adopting a restorative justice focus, this formal process would be reserved for the most complex cases. Expert opinion noted that the earlier a restorative approach was used in addressing an issue, the less likely it was that it would develop into a full-blown process. In addition, where a formal process had to be adopted, a restorative approach could be used to address harms including to the wider affected community flowing from the misconduct, also the same experienced by the person responsible.

A restorative justice process respects both the victim and perpetrator. The experts noted the importance of storytelling in a facilitated restorative justice process and the need to use trained facilitators in an approach that is embedded throughout the Church.

There was discussion about tikanga and talanoa approaches as waka which run alongside the restorative justice waka. The approaches are underpinned by church and theological values. Also, Māori values for example, mana, aroha, koha, utu (reciprocity), muru, tumanako and pono.

Key Achievements

A first draft of Section 8 of the Law Book passed at Conference 2023, with a draft proposal to present to the March synods and Hui Poari in 2024 for feedback and consultation before seeking final approval at Conference in 2024.

Further work has been undertaken on the reviews of the Connexional Standing Committees, which are in process and will be completed for Conference approval in 2024.

Connexional Standing Committees Review

The Law Book states that every seven years, Conference shall undertake a review of the purpose and functions of each Standing Committee. To do this Conference appoints a Review Committee and a report with recommendations is made at the succeeding Conference.

Current Standing Committees include: President’s Committee of Advice, Pastoral Committee, Law Revision Committee and Faith and Order Committee. In addition, the Public Issues Network was reviewed in 2020 and the PAC Distribution Group is currently under review.

The objectives of the reviews are to:

1. To ensure that the Conference Standing Committees, are fit for purpose and have the capacity to adapt to the changing needs and contextual realities of the Methodist Church of New Zealand.

2. To assess the effectiveness of the way the bicultural partnership between Te Taha Māori and Tauiwi is modelled and demonstrated in the work of the respective Conference Standing Committees.