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Title: Report of the Juvenile Delinquency Committee

Author: Ronald Macmillan Algie

Release Date: October 13, 2008 [EBook #26912]

Language: English

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Produced by Jonathan Ah Kit, Mark C. Orton, Victoria
University of Wellington College of Education (Gender and
Women's Studies Programme) and the Online Distributed
Proofreading Team at https://www.pgdp.net

I—15

1955,
NEW ZEALAND

REPORT

OF

JUVENILE DELINQUENCY
COMMITTEE

(Hon. R. M. Algie, Chairman)

Laid on the Table of the House of Representatives

BY AUTHORITY:
R. E. OWEN, GOVERNMENT PRINTER, WELLINGTON, NEW ZEALAND.—1955

[2]

[3]

REPORT

By a resolution of the House dated the 28th day of September 1954 a Special Select Committee was appointed to consider and to report upon certain matters relating to moral delinquency. In particular, the Committee was instructed to study the recommendations contained in the report of the Mazengarb Committee and to make such observations thereon as it thought fit. This Special Select Committee was empowered to sit during recess and was directed to report its findings to the House within twenty-eight days after the commencement of the next ensuing session of Parliament.

The Orders of Reference relating to the Committee were as follows:

ORDERS OF REFERENCE

Extracts from the Journals of the House of Representatives

The Committee met on two days during the recess and on a number of occasions during the 1955 session.

For many reasons which need not be set out in this report, but which were communicated to Parliament, it was found impossible to present a report within the limits of time allowed, and by resolution of the House it was finally agreed that the report should be presented on or before the 1st day of October 1955.

We have given careful attention to each and every one of the recommendations of the Mazengarb Committee. We have not felt it to be our duty to hear over again all or any of the evidence placed before that Committee, nor have we regarded it as our duty to deal ——[4] broadly with the incidence and causes of moral delinquency, or with the discovery and presentation of remedies for this social malady. On the contrary, we felt that we were required:

Our views, suggestions, and recommendations are as follows:

The Need for Continuous Expert Investigation

In the course of our study of this problem it was frequently pointed out to us that there was a real need for a thorough and continuous study of this problem by those who from their training, experience, and occupation were best qualified to advise as to the scope and extent of the problem, as to its general causes, and as to the practical ways of dealing with it. From information in the possession of the police and of the Department of Justice it appeared that the extent of the evil was in fact not so alarming as one might be induced to believe by a perusal of the reports in the newspapers; there was, however, plenty of evidence to suggest that misconduct amongst adolescents was increasing and that this aspect of the matter was one for grave concern. There was support for these views in written memoranda submitted by two of our Magistrates, Mr Sinclair and Mr M. C. Astley. The Secretary for Justice and Controller-General of Prisons, Mr S. T. Barnett, wrote as follows:

The suggestions made by Mr Barnett were adopted, and the work recommended by him is being carried on. The results have not yet been made available to us.

[5] We think that in matters of this kind fact finding carried out by experts in a thoroughly scientific manner is fundamental, and in a later portion of this report we have a specific recommendation to make on this subject.

Specific Recommendations of Mazengarb Committee Relative to Child Welfare Administration

In paragraph (4) of the report of the Mazengarb Committee—pages 57 to 60 inclusive—there are a number of comments and suggestions relating to the Child Welfare Act and its administration. We have examined these paragraphs very carefully, and we set out below some excerpts from the report furnished to us by the Director of Education. Our views are given immediately following the extract from the opinion expressed by Dr Beeby, which is as follows:

Page 58, paragraph (b)

In its report the Mazengarb Committee said that the establishment a few years ago of a Ministry of Social Welfare, and the urgent need for more preventive work to be done, suggest the possibility of better administration if "child welfare" were given an independent status under the Ministry for Social Welfare.

[6] This suggestion was examined by the Director of Education and by the Superintendent of the Child Welfare Division of the Department of Education. They reported fully to us, and their views are set out below in summarized form.

The strongest arguments that were placed before us in support of the view that child welfare should be a separate and independent Department were to the following effect:

The arguments on the other side may be summarized in the following way:

[7] We were completely satisfied that the present arrangement has the full support of the Director of Education and the Superintendent of Child Welfare. This view has also the support of the Public Service Commission. After a study of the evidence that was placed before us we came to the unanimous conclusion that matters should be left as they are.

If it was decided by Government that child welfare should remain linked with the Department of Education it would be advisable that some form of administrative procedure should be worked out to define the relations between the Director of Education and the Superintendent of Child Welfare in so far as their respective approaches to the Minister of Education and the Minister of Social Welfare are concerned. It was clear to us that the present set-up is both efficient and harmonious. A detailed plan for the due performance of the various duties was worked out and agreed to by all interested parties. As it is a purely administrative matter, we have not felt that it was necessary to embody it in this report. Suffice it to say that in our opinion child welfare should remain a part of the Department of Education, that its Superintendent should have a right of direct reference to the Minister of Social Welfare, that the Minister of Social Welfare should be directly responsible for the administration of the vote applicable to the Child Welfare Division, and that the administrative plan placed before us should be adopted and applied unless and until varied by agreement between the Ministers concerned.

Page 59, paragraph (c)

Dr Beeby said:

We agree with the views expressed above by Dr Beeby.

Page 59, paragraph (d)

The Mazengarb Committee pointed out that the practice and procedure of the Children's Court may tend to vary from place to place throughout the Dominion because the Court was not presided over by its own specially appointed Magistrate.

On this point the Director of Education said:

On this point we have no recommendations to make. We feel that the best possible results are being secured by the Magistrates having regard to their numbers and to the conditions under which they work.

Page 59, paragraph (e)

The Mazengarb Committee felt that it was a pity that proceedings in the Children's Court were not conducted in a separate and distinct building. It should at least be possible, said the report, to hear and determine the cases in a room other than the ordinary Court room of a Magistrate's Court. This was rather in the nature of a counsel of perfection. In less-densely populated districts it would not be easy or economic to provide separate accommodation of the kind envisaged. In larger and busier centres it was often necessary to study the convenience of the Magistrates themselves. The present Committee has no specific recommendation to make in this connection.

The best that can be done is in fact being done.

Page 60, paragraph (f)

On the subject of the publicity to be given to proceedings in the Children's Court the Mazengarb Committee said:

With these views we find ourselves to be in complete agreement.

Page 60, paragraph (g)

The Mazengarb Committee appeared to hold the view that when children have been placed under supervision there was no adequate "follow up" procedure.

The following is Dr Beeby's comment upon this paragraph:

[10] Without expressing any decided opinion, the Committee felt that what the Director of Education has to say is worthy of consideration by Government.

Certain Specific Changes Proposed by the Mazengarb Committee

In clause (5) on pages 60 to 63, both inclusive, of the report the Mazengarb Committee recommended that certain specific changes be made as soon as possible in the legislation relating to proceedings in the Children's Court. It was our duty to examine and report upon each of these suggestions. Our comments are as follow:

Both of these recommendations have been given effect to, and they are provided for in the legislation enacted late in the session of 1954.

We agree with this recommendation, and we understand that the necessary provision has already been written into a new Child Welfare Bill which is in course of preparation.

This proposal has already been given effect to by administrative direction. We feel that legislation on this point will not be necessary.

In normal practice the Child Welfare Officer does take a head teacher into his confidence when placing a child in his school district and actively seeks his co-operation. There are odd cases, however, where it may be thought that an individual head teacher should not be given, in the words of the report, all "the circumstances which led to the delinquency". This would be a very rare occurrence, but the statutory obligation to tell everything he knew on every occasion might prevent the Child Welfare Officer's taking steps he believed to be in the best interests of all concerned. The best results, we feel, will come from wise administrative action and from a general improvement in the mutual understanding between teachers and Child Welfare Officers.

[11] The Committee felt that when information of this nature was passed on to a Headmaster it should be treated as confidential. We feel strongly that any child should always have a full opportunity of repentance and of re-establishing his character, and where a child showed that definite improvement had been made by him his chances of rehabilitation should not be prejudiced by the fact of his earlier breach.

A complete redraft of the Act is now in course of preparation.

Further comments on paragraph (f) above were made by Dr Beeby. They are as follow:

Little, if anything, appeared in the Mazengarb Committee's report to justify us in thinking that a right of appeal of the kind suggested should be provided. The Committee express the hope that a step of this kind should not be taken unless sound reasons were advanced for taking it.

Summary of Proposals for Administrative Action

In its report at pages 67 and 68 the Mazengarb Committee set out a number of proposals which in its view could be met by appropriate action on the part of the Departments mentioned by the Committee. The suggestions made have been considered by the Departments, and we give below a statement of the extent to which the suggestions have been carried into effect.

[12]

(a) Police Department

It was suggested that the training of policewomen should be considered with a view to deciding the best method of dealing with girls involved in sexual offences.

For the information of Parliament we set out below a few excerpts from a report prepared in the Police Department and sent to us by the Minister of Police. The excerpts are to the following effect:

It is a fact that within recent weeks steps have been taken by the Government to establish and operate an improved system of training for recruits for the Police Force. We had no information before us as to the nature of the course or the length of the training period: nor do we know whether a specific course of training will be prescribed for women recruits. We feel, however, that it is a fair assumption that a sounder, more thorough, and more systematic system is about to be put into operation. We feel, too, that with the increased emphasis about to be laid upon training, it can safely be taken for granted that every effort has been, and will continue to be, made to give effect to the suggestions of the Mazengarb Committee.

(b) Department of Internal Affairs

It was a recommendation of the Mazengarb Committee that steps should be taken to gazette the outstanding regulations authorized under the relevant film censorship Acts of 1934 and 1953.

A report received from the Department of Internal Affairs contains the information set out below:

We have been advised that quite recently a final draft of the regulations was forwarded to the Film Industry Board for consideration. We were told, too, that conferences are being held between officers of the Department of Internal Affairs on the one hand and members of the Film Industry Board on the other. It is expected that at the conclusion of such conferences an agreed draft will be sent forward to the Government.

(c) Broadcasting Service

Two recommendations were before us for our consideration:

In its report to us the Broadcasting Service says:

Our conclusions as a Committee are as follows:

(d) Censoring Authorities

On this point we cite a paragraph from a memorandum placed before us by the Secretary for the Department of Internal Affairs. It reads as follows:

We, as a Committee, agree with the view expressed above, and recommend it to the Government for consideration.

(e) Department of Education

(i) Relative Functions of Public Health Nurses and Visiting Teachers.—The duties of visiting teachers were laid down quite specifically in an official circular in 1953. Senior officers of the two Departments [18] discussed the relative functions of public health nurses and visiting teachers very fully soon after the publication of the report. The two Departments and Education Boards have drawn the attention of all visiting teachers and public health nurses to methods of avoiding overlapping and of working in co-operation. In a number of districts Child Care Committees, sponsored by Senior Inspectors of Schools, have instituted central case registers. These have been a great help in ensuring that visiting teachers and public health nurses do not deal independently with the same child and family.

A residential course at Frederic Wallis House, Lower Hutt, has been planned for visiting teachers and public health nurses in 1956.

(ii) and (iii) Additional Visiting Teachers and Type of Officer to Help in Post-Primary Schools.—Approval has been given for four additional visiting teachers—two in Auckland, one in Wellington, and one in Christchurch. Discussions have been held with representative post-primary-school principals on the kind of help they need with problem children. Rather than have visiting teachers specially attached to the post-primary service, the great majority of principals were strongly in favour of extending the functions of the Education Boards' visiting teachers to cover post-primary pupils, so that one individual could follow the members of a family through their full school career. Approval has therefore been given for this. As a further assistance to both primary and post-primary schools, three additional school psychologists have been appointed.

(iv) Housing for Teachers.—The Department has been trying to deal with this problem in two ways:

(v) Facilities for Recreation.—The use of school grounds and buildings after school hours is entirely in the hands of boards and local committees. The Department has no direct authority in the matter, but does facilitate and encourage such use. Practice varies, [19] but in many schools very great use is made of school facilities for community purposes. The work in this respect will be made more effective by the decision taken at the beginning of 1955 to build halls in all new post-primary and intermediate schools built to the new designs, to re-introduce the £2 for £1 subsidy up to £4,000 for halls in primary schools and to give a pound-for-pound subsidy up to £4,000 on gymnasia in post-primary schools. Approval has just been given, on an experimental basis, for a subsidy on a gymnasium and cafeteria in one intermediate school in Auckland, with the express condition that it be used "to provide recreational and cultural facilities for young people who have left school".

The Committee recommends these opinions for the consideration of the Government.

(f) Research Into Juvenile Delinquency

The Mazengarb Committee was of opinion that there should be a long-term study of the problem of delinquency. As a matter of fact the present Committee heard evidence on this suggestion from several witnesses, and we were greatly impressed by what we heard. It goes without saying that if one would seek a remedy for a given problem a thorough diagnosis of the problem itself is a fundamental prerequisite. First let us find the facts; let us know what is the nature and extent of the evil; let us get as much data as to its causes and incidence. With that material in hand we should be in a better position to search for useful methods of treatment. This task of fact finding would be a long and arduous one; it would need to be entrusted to experts of wide knowledge and experience. A start has already been made by the setting up of the Inter-Departmental Committee referred to earlier in this report. We strongly recommend the Government to give very favourable consideration to this particular proposal, and we hope that ways and means will be found of giving effect to it. We think that this suggestion is of fundamental importance in any approach to the problem, and we consider it should be given consideration by the Government.

Instruction for Parents: In the long run the responsibility for a child's general well-being rests upon the parents. Some can, and do, take every care to discharge that responsibility. Others either fail or neglect to do so. In some cases this failure comes from a lack of the necessary knowledge or from inability to impart it. In one memorandum addressed to the Committee there appear the following paragraphs:

We are of opinion that the views expressed above do merit very serious consideration. We realize the tremendous difficulty we face in trying to reach those who stand most in need of the help that is here referred to. We recognize, however, that all our children must spend a big portion of their young lives in our primary and post-primary schools. It is here that positive and well-planned character training and instruction in moral values can be undertaken with a certainty that the instruction and the training will reach those whom we would wish to help. Do we take full advantage of this opportunity? Do we give enough attention to those inner disciplines that are so essential if a good life is to be enjoyed by our young people? We are satisfied that our teachers as a whole nobly discharge their obligations to our community in this regard. We think, however, that the matters touched upon in this paragraph are within the special province of the Department of Education and its Minister, and it is our recommendation that they should be referred to that Minister for examination and for such positive action as he may consider proper and desirable.

We think also that much more could be done in the homes if the ranks of our visiting teachers, public health nurses, and school psychologists were strengthened considerably, and we strongly recommend that action along these lines should be taken by the Departments of Education and Health.

[21] We are also of opinion that in any effort to reach parents over the widest possible field a very useful agency lies ready to our hands in our Parent-Teacher and Home and School Associations, and it is our hope that this agency might be much more positively used to awaken and maintain a due sense of parental responsibility and a proper understanding of the moral and spiritual needs of children.

With such thoughts in mind, we would recommend that the Director of Education be asked to confer with the appropriate experts to see how far, and under what conditions, suitable courses of lectures could be provided for parents and prospective parents.

The Special Legislation of the 1954 Session

Following upon the presentation of the Mazengarb report the Government immediately took steps to give effect to those recommendations which called for special legislation. Three Bills were introduced, the first dealing with "indecent publications", the second dealing with child welfare, and the third with police offences.

In our order of reference we were directed to study these pieces of legislation and to report as to their efficacy and as to whether there were any specific amendments that were necessary or desirable.

In the preparation of this part of our report we have had the advice and much valued assistance of the Department of Justice. We deal here with the question of "publications". Our comments as to the Child Welfare Act appear elsewhere in this report. No comment is needed regarding the amendment to the Police Offences Act. First as to publications of a more or less objectionable character circulating in New Zealand.

We set out at some length some portions of the report submitted for our consideration by the Minister of Justice, the Hon. Mr Marshall. Inter alia, it is said:

I. Objectionable Publications in General

II. Suggested Amendments to the Law Relating to Indecent Publications.

The Justice Department has given much attention to the question as to the efficacy of the amending Act introduced in 1954. We had the advantage of reading the report presented by the Department to the Minister of Justice, and we set out below certain portions of the report which we as a Committee think worthy of notice. The report says, inter alia:

Some members of the present Committee felt that this power should be exercised only in the case of a second or subsequent conviction.

The present Committee is of opinion that there is a good deal of force in the suggestions put forward in this part of the report of the Department of Justice, and our view is that these suggestions should be referred to the Minister of Education with a request that he consider them favourably and forward his conclusions to the Government.

The Committee has examined all of these suggestions and recommends that they should receive the very favourable consideration of the Government.

Summary of Principal Conclusions and Recommendations

I. That the changes in the law which were regarded by the Mazengarb Committee as calling for immediate action were duly and promptly brought into being by the Government by and through its 1954 amendments to the Indecent Publications Act 1910, the Child Welfare Act 1925, and the Police Offences Act 1927.

II. That the changes made last year in the Indecent Publications Act 1910 have been to some extent effective and helpful. We recommend, however, that consideration be given by Government to the redrafting of the Indecent Publications Act 1910 and to the inclusion in any new draft of the amendments suggested by the Department of Justice.

III. That it is clear that the suggestions made by the Mazengarb Committee for administrative action by certain named Government Departments along the lines indicated by that Committee have been sympathetically studied by the several Departments and that satisfactory measures have been taken by such Departments to carry out the recommendations of that Committee.

IV. That in the opinion of the present Committee the Child Welfare Division should not be reconstituted as a separate and independent Department of State, but that it should remain, as at present, a Branch or Division of the Department of Education.

V. That Government should take effective steps to set up a broadly based committee composed of men and/or women of expert knowledge and possessed of specialized training and wide experience to act as a fact-finding body so that as far as possible a reliable diagnosis may be obtained of the extent, causes, and incidence of the problem of delinquency in this Dominion. We think that this must be done before any thorough-going solutions can be propounded for consideration by Government.

VI. That the suggestions made by the Department of Justice with respect to "comics" in general and "crime comics" in particular and also with regard to "suggestive" magazines and periodicals appeal very strongly to the members of the present Committee, and we accordingly recommend that the Government should take action along the lines proposed by the Justice Department.

[29] VII. That every effort be made through the Parent-Teacher and Home and School Associations to reach the greatest possible number of parents and prospective parents in order that they might be given the type of assistance referred to in greater detail in the body of this report.

VIII. That, for the better attainment of the object set out in the preceding paragraph, it is recommended that the Director of Education be asked to confer with appropriate experts with a view to the provision of suitable courses of lectures for parents and prospective parents.

That with the same end in view steps should be taken to increase the numbers of our visiting teachers, school psychologists, and public health nurses.

IX. That the Director of the National Broadcasting Service be supported in the course he proposes to follow to put into effect the suggestions made by him in this report. We also stress our view that during the hours set apart for listening by children there should be a complete absence of features that can fairly be regarded as being unsuitable for or injurious to young children.

X. That on the question of contraceptives the Committee has but one recommendation to make—namely, that the Government should seriously consider whether it could be made a criminal offence for any one but a chemist acting in the ordinary course of his business to sell such articles to any member of the general public.

R. M. Algie, Chairman.

BY AUTHORITY:
R. E. OWEN, GOVERNMENT PRINTER WELLINGTON, NEW ZEALAND.—1955

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