5. Alternative Resolution Schemes

The purposes of alternative resolution schemes are to prevent re-offending and focus on rehabilitating criminal behaviour. Diversions and the Te Pae Oranga programme offer a second chance for those who have committed minor offences. This may involve addressing the underlying drivers of offending by providing access to support services.

A diversion, if granted, is an alternative to full prosecution and will not appear on your criminal record. The Diversion Scheme is a discretionary scheme managed by the Police Prosecution Services (PPS); it is not outlined in law but, instead, in police policy. Police discretion to offer a diversion is wide and not always limited to first-time offenders.

A diversion may be offered pre-charge (before it is filed before the Court) or during proceedings. If you qualify for a diversion, the prosecutor must notify the Court if the defendant completes a diversion programme. Once the Court is notified that you have successfully completed a programme of diversion in respect of the offence charged, the registrar must dismiss your charge: sections 147-148 CPA.

The police must consider the eligibility of all individuals who appear in front of the court for a diversion. You may also proactively raise the possibility of a diversion with a diversion officer. Category 1 offences that do not maintain a mandatory disqualification will qualify to be considered for diversion.

Diversions are predominantly given to first time offenders, however you may still qualify for a diversion if:

• your previous offending was different;

• the police believe it is appropriate;

• your previous offence was 5 or more years ago.

You may not have a diversion for a challenged infringement offence. A diversion will not be offered for any traffic offence where the law requires you to be disqualified from driving for a minimum period. Instead, these will be dealt with through the Traffic Compliance Scheme.

An initial plea of not guilty does not necessarily prevent the issuance of a diversion, but you must have since acknowledged your responsibility to the satisfaction of the police.

There is no right to appeal a police decision to refuse your diversion.

To qualify for a diversion, it is required that you acknowledge responsibility for your actions. Other factors considered include:

• the severity of the offence;

• previous diversion history;

• any future risk you may pose to the public;

• whether you display remorse;

• aggravating factors

• mitigating factors (i.e. young age, a promising career pathway);

• whether you have accepted responsibility for your actions; or

• a desire to address any underlying issues that contribute to the offending.

This is a non-exhaustive list. How much weight is placed on each factor in a diversion assessment will depend on the details of your case.

Diversion conditions focus on rehabilitation, offering skill and knowledge courses that aim to prevent further offending. If practical courses are included in the diversion agreement, this may include driving lessons, defensive driving courses or an impaired driving awareness course. You may also be asked to requalify/upgrade your license.

It is possible to receive a diversion with no accompanying conditions. For instance, if the court process has required you to take time off work. This is possible so long as the burden is proportionate to the offence. In this case, you must sign and acknowledge the diversion agreement without needing to take any further steps.

1. Alcohol and Other Drug (“AOD”) Clinicians

Various JP Courts/District Courts will have access to alcohol and other drug clinicians. If alcohol or drugs are of concern, you may be referred for an AOD assessment, which will provide you with a score to indicate the severity of any substance issues. This finding informs the JPs and police decision-making.

If faced with a drug or alcohol addiction, a condition of your diversion may be to receive addiction support services, behavioural support services, personal support services or any other Ministry of Health accredited counselling agencies that police can refer you to.

2. Visiting a Forensic Mental Health Court Liaison Nurse (“FCLN”)

A forensic nurse can carry out a consultation and provide testimony for JP proceedings. Some courts will have forensic nurses available within the District Court building. You may be requested to go and receive an evaluation.

A nurse can identify and provide advice for anyone who is known or suspected to have any underlying mental issues, addiction, intellectual disability or other conditions that could have contributed to offending. This may be considered in a request for a diversion or other alternative resolution.

Note: If you are asked to attend support or rehabilitation services for your diversion, keep your receipts or proof of attendance to present to the police, who will notify the court that you have completed the requisite course.

Refer to the Adult Diversion Scheme Guidelines and Community Law for more information.