The Alcohol and Other Drug Treatment Court (AODTC) has been running for about 12 years.
There are just three AODT courts, two in Auckland (Auckland City and Waitakere) and one in Hamilton. Many of us involved with criminal justice had hoped that by 2024 there would be many more AODTC around New Zealand, particularly in Manukau and Wellington where the legal communities have noticed an obvious need.
There is no doubt that this therapeutic court is paying for itself in spades. But its success in supporting people in their journey to recovery and staying clean and sober cannot and should not be measured in purely financial terms. Nevertheless, a cost-benefit analysis carried out in 2019 showed that the court pays for itself.
“The cost of the pilot was $14.46 million with benefits estimated at $19.19m, giving a cost-benefit ratio of 1.33 (range of 0.91–1.75). The cost-benefit ratio average of 1.33 represents a cost-neutral intervention, leaning towards a small to moderate positive return on investment relative to the standard court process. A number of other possible social benefits were identified, but were not able to be measured or monetised, and so were not included in the cost-benefit analysis. This is a common limitation of cost-benefit analysis.”
A more recent study by Impactlab revealed the court returns $2 for every dollar invested.
My visit
On Wednesday 12 June 2024, when I visited, it was a typical day in the AODTC and began with the Te Whare Whakapiki Wairu (the house that uplifts the spirit) waiata and a karakia. The court has a wraparound approach to those who qualify as participants. While the initial learnings are from the United States where there are more than 3000 such courts, their experience has been adapted for local needs to reflect the principles of tikanga and Māori pillars of health: spiritual wellbeing, mental and emotional wellbeing and physical and social wellbeing.
Lawyers and sometimes judges can refer a suitable person or case. The typical applicant will have a history of offending which is driven by addiction issues. He or she will be facing up to 36 months in prison and must admit the offending. The prosecutor can be from the Crown or police. Applicants are assessed and if they qualify, the court will also make an assessment. If accepted, the participant must sign a contract with 21 clauses. The conditions are stringent and include staying in treatment, keeping clean and not reoffending. They must also submit to random drug tests.
Going through drug court is an alternative to prison, so if any condition is breached – for example, if a participant is not in treatment – they are expected to surrender to jail. But that doesn’t mean the end of the AODTC journey.
The team of lawyers, corrections officers, clinical case managers, Pou Oranga and peer support worker will continue working with the participant, who is now called Whaiora (in pursuit of well-being) instead of “defendant”.
Morning session
In the morning, the judge and the AODTC team go through the files of those who are to appear in the afternoon. The approach is non-adversarial. Information is shared among all the parties in an atmosphere of compassion and support.
In other courts, the focus can be on blame and punishment. In the AODTC, people have to take responsibility and step up to meet the obligations and expectations of the court but it is done with understanding of the realities of the recovery journey.
There is much “lived experience” to be consulted in helping the participants stay on the path. The goal, of course, is to remove the reasons for the past offending, stay clean and realise each participant’s full potential.
The morning discussions on each participant involve updates on drug treatment, housing, training, community work, courses being attended, family relationships and physical health. Meth addiction can cause severe dental decay and it is important for people to look after their physical health as part of their recovery as pain can lead to relapses.
Issues such as bail variations are discussed, as this is a court process. The judge moves through the cases, determining how each person will be dealt with: they are to be encouraged but those who were not meeting expectations will need to be told.
The AODTC team has been together for years and knows the participants well – their successes and where they may have fallen. Judge Lisa Tremewan is familiar with the services at Odyssey, The Bridge, Breathe, Epsom Lodge, Higher Ground and House of Hope.
There is also an employment consultant who is forging relationships with places like Take Two, which helps give people a second chance in web design and other software training, along with companies which can offer employment to graduates.
Afternoon session
The afternoon session is for the participants. A number (about six) graduates turned up voluntarily to support those going through the process. They are not asked to do this, it happens organically. They are known as the alumni, or He Takatini.
Graduates of the AODTC work in the field and act as peer support, which is different from the US model. Judge Tremewan invited them to tell some of their stories. A few participants had been to a Narcotics Anonymous camp on Kawau Island. Positive messages of hope and inspiration were mixed with admissions of the reality of the struggle. Tips were shared on how to get through the tough times, with the main goal of staying clean and not reoffending.
Participants in the court process have to talk about what is happening in their lives. The court begins with those who are furthest along the journey as they are doing well and are an inspiration to the others. Good communication with the team is encouraged and sobriety time is acknowledged. Honesty and commitment is also demanded and rewarded. People are seen and heard as the court walks alongside each participant.
There are many hugs, some tears and laughter. This is a courtroom filled with love and hope. There is a photograph of each person on file when they enter the AODTC. At graduation, they are given a certificate with their photographs at the beginning and the end of the AODTC journey. Graduates are later invited to another ceremony where they receive a pounamu and are inducted into the alumni group. The next ceremony is on 12 August when 26 graduates will receive pounamu. The guest speaker will be Principal Youth Court Judge Ida Malosi. After the two years, participants are often unrecognisable, not only mentally but also physically.
The court day ended with a young 26-year-old man facing 19 charges, including burglary, being accepted into the AODTC. He is on an EM bracelet but is told he should come off that soon as the court expects him to do as he is asked. He is told about the court’s values – surrender and serenity, having the courage to take responsibility, being authentic and honest and having the wisdom to do what the court advises.
No one should mistake the AODTC for an easy ride. It has high expectations of commitment from those chosen to be participants in return for the support the court provided. It works when a participant feels able to accept the support and meet the commitments.
Success can look different for different people. In this court, the relationships and bonds that are forged through the adversity of shared experiences are central to the success of each participant, the wider court and therefore ultimately all of us in society. Tihei Mauri Ora AODTC. ■
Julie-Anne Kincade KC is an Auckland barrister and a member of Augusta Chambers. She is also Vice-President of The Law Association ■
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