The Alcohol and Other Drug Treatment Court (AODTC) is a specialist court in New Zealand which targets criminal offending driven by alcohol and drug addiction. There are three such specialised courts, in Auckland, Waitākere and Hamilton. Their purpose is to reduce the use of imprisonment by offering offenders with addictions the opportunity to attend treatment in the community. To be admitted to the AODTC, defendants have to be formally assessed as substance dependent (i.e. they have an addiction) by a qualified clinician, be facing a prison sentence of up to three years, and plead guilty.
The treatment programme takes up to 18 months. Participants are drug tested up to twice a week and subject to regular judicial monitoring of their progress. If the defendant successfully completes the programme, on graduation they are sentenced to Intensive Supervision in the community, instead of to prison. This enables additional support and drug testing to be provided for up to another two years.
The Auckland and Waitakere courts were established as a pilot programme in 2012. Judge Lisa Tremewan was appointed to run the Waitakere Court and Judge Ema Aitkin to run the court in Auckland. The pilot was evaluated extensively over the next five years to ascertain how well it was working and made permanent in 2019. In 2021, a new drug court was established in Hamilton. Despite the remarkable success of the AODTC at reducing reoffending, no further funding has been allocated in subsequent Budgets to roll drug courts out nationwide.
Background
In 2009, when the Law Commission was reviewing New Zealand's liquor laws, judges told the Commission that 80% of all crime in New Zealand was committed by individuals with alcohol and drug problems. A study conducted by the Corrections Department found that nearly 90% of offenders were affected by alcohol or drugs in the period leading up to their offence. At a conference in Wellington in 2009, alcohol and drug use was identified, and accepted by the Government, as one of the main drivers of crime in New Zealand.
In 2010, American drug court judge, Peggy Hora, was invited to New Zealand by National Party member, Mike Sabin, to run a drug court workshop. Judge Hora subsequently visited New Zealand seven times and became the official international consultant to the courts. In 2011, the Law Commission reviewed New Zealand’s Misuse of Drugs Act 1975, and recommended that specialist drug courts should be established.
Judges Lisa Tremewan and Ema Aitken, who are both passionate about therapeutic jurisprudence, were appointed to run the two AODTC courts in Auckland and Waitakere which opened in 2012.
Key components of the AODTC
The AODTC is based on a drug court model developed in the United States that combines intensive judicial supervision, mandatory drug testing, sanctions for lapses, and addiction treatment to help defendants whose criminal behavior is driven by their substance use. The model was developed by the National Association of Drug Court Professionals (NADCP), rebranded as All Rise, and is described in What works? The Ten Key Components of Drug Court: Research-based Best Practice.
The key components include: early identification of eligible offenders the integration of addiction treatment into the court and justice system provision of a continuum of AOD and other related treatment and rehabilitation services a non-adversarial approach towards participants by officers of the court ongoing judicial interaction with each drug court participant expectation of abstinence with frequent alcohol and drug testing to monitor compliance a coordinated strategy that governs responses to participants’ compliance with the court’s requirements multi-disciplinary approach including education of court officials (prosecution, defence, police, probation, etc) to promote effective drug court planning, implementation and operations developing partnerships among court officials and community-based organisations to generate local support and enhance drug court effectiveness
Unique components
A component unique to New Zealand is the inclusion of Maori language (te reo) and tikanga in court processes and a Maori kaumatua in court to give support to Maori participants and advice to the judge on cultural issues.