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Referring Clients to the AODTC — A Practical Guide for Defence Lawyers

If you are a defence lawyer with a client who may be eligible for Te Whare Whakapiki Wairua, here is what you need to know about the referral process, eligibility criteria, and how to make a strong application.

AODTC Legal Professionals Referrals Defence Lawyers

Referrals from defence lawyers are the primary pathway into Te Whare Whakapiki Wairua. If you have a client whose offending is driven by addiction, the AODTC may offer them a genuinely different outcome — and your referral is the first step.

Eligibility Criteria — The Five Core Requirements

Before making a referral, confirm your client meets the five core eligibility criteria:

1. Guilty Plea Entered

Your client must have already pleaded guilty. The AODTC is not a pre-trial diversion programme — it is a sentencing alternative.

2. Facing a Prison Sentence of Up to Three Years

The court is designed for moderate-level offending. Serious violent offending or offending that would attract a sentence of more than three years is generally not eligible.

3. Offending Driven by Alcohol or Other Drug Dependency

This is the critical criterion. Your client’s offending must be driven by addiction, not just associated with drug use.

The distinction matters:

  • Drug use — using substances, but offending is not primarily driven by addiction
  • Drug dependency — addiction is the root cause of the offending behaviour

A clinical assessment by an AOD clinician will determine whether your client meets this threshold.

4. Living Within the Court’s Jurisdiction

Your client must reside in the Auckland, Waitākere, or Hamilton District Court areas. The AODTC operates in Tāmaki Makaurau (Auckland), Waitākere, and Kirikiriroa (Hamilton).

5. Genuine Willingness to Engage

The programme is intensive and requires commitment. Your client must be genuinely willing to participate in treatment, attend court regularly, and engage with the multidisciplinary team.

The Referral Process — Step by Step

Step 1: Initial Consultation with Your Client

Explain what the AODTC is, what the 18-month programme involves, and what the potential outcomes are. Be honest about:

  • The intensity of the programme (regular court appearances, random drug testing, treatment requirements)
  • The potential for sanctions if they do not comply
  • The alternative — likely imprisonment if they do not complete the programme or are not accepted

Your client needs to make an informed decision about whether they want to apply.

Step 2: Gather Supporting Information

Before making the referral, gather:

  • Criminal history — the court will review this, but you should be prepared to explain the pattern of offending
  • AOD history — any previous treatment, assessments, or diagnoses related to addiction
  • Whānau support — whether your client has whānau who can support them through the programme
  • Accommodation and employment status — stable housing and employment (or a pathway to it) improve the likelihood of success

Step 3: Make the Referral

The referral is made through the AODTC registry. You will need to file:

  • A formal application to the court
  • A summary of your client’s offending and how it relates to their addiction
  • Any supporting documentation (previous AOD assessments, treatment history, etc.)

The court will then arrange for a clinical assessment by an AOD clinician.

Step 4: Clinical Assessment

An AOD clinician will assess your client to determine whether their offending is genuinely driven by addiction. This is not a rubber-stamp process — the clinician will conduct a thorough assessment.

If the clinician determines that addiction is not the primary driver of offending, your client will not be accepted into the programme.

Step 5: Determination Hearing

If the clinical assessment supports eligibility, a determination hearing is held before the AODTC kaiwhakawā (judge). The kaiwhakawā will consider:

  • The clinical assessment
  • Your client’s criminal history
  • Their willingness to engage
  • Whether the AODTC is the appropriate pathway

The kaiwhakawā has discretion to accept or decline the application.

What Happens If Your Client Is Accepted?

If your client is accepted into the AODTC, they will:

  • Be assigned a clinical case manager
  • Be assigned a peer support worker with lived experience of recovery
  • Receive an individualized treatment plan
  • Appear in court regularly (usually every two weeks initially)
  • Be subject to random drug testing multiple times per fortnight

You will continue to represent your client at all court appearances throughout the 18-month programme.

What Happens If Your Client Is Not Accepted?

If your client is not accepted, they return to the standard sentencing process. However, the court will take into account:

  • Their willingness to engage with treatment
  • Any effort made to address their addiction
  • The fact that they applied to the AODTC

This may still result in a more lenient sentence than if they had not applied.

Common Misconceptions About the AODTC

Misconception 1: “The AODTC is a soft option”

The AODTC is not a soft option. It is an intensive 18-month programme that requires genuine commitment. Many participants find it harder than a short prison sentence — but the outcomes are far better.

Misconception 2: “Only Māori can access the AODTC”

The AODTC is open to all people whose offending is driven by addiction, regardless of ethnicity. The integration of tikanga Māori benefits all participants, not just Māori.

Misconception 3: “If my client doesn’t complete the programme, they will be worse off”

If your client does not complete the programme, they return to the standard sentencing process. The court will take into account the effort and progress they made during their time in the programme. They are not penalized for trying.

When to Consider Specialist AODTC Representation

If your client is accepted into the AODTC, you may want to consider whether specialist representation is appropriate. The AODTC operates differently from standard criminal court — it is therapeutic, not adversarial.

Some defence lawyers choose to refer their clients to a specialist AODTC barrister (like me) who has been embedded in the court since its founding and understands the therapeutic model, the multidisciplinary team dynamics, and the tikanga framework.

This is not a requirement — but it can make a significant difference to your client’s experience and outcomes.

Even If the Court Is at Capacity, Apply Anyway

The AODTC has limited capacity. At any given time, there may be a waitlist. Apply anyway.

Places change regularly as participants graduate or exit the programme. Even if your client cannot be accepted immediately, getting them on the waitlist means they will be considered as soon as a place becomes available.

The Bottom Line

If your client’s offending is driven by addiction, Te Whare Whakapiki Wairua may offer them a genuinely different outcome. The referral process is straightforward, and the potential benefits — for your client, their whānau, and the community — are significant.

Need a consultation about a potential AODTC referral? Kōrero with Helen — she offers professional consultations, eligibility assessments, and specialist AODTC representation for defence lawyers and their clients.