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+The Project Gutenberg EBook of Report of the Juvenile Delinquency Committee, by
+Ronald Macmillan Algie
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever. You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Report of the Juvenile Delinquency Committee
+
+Author: Ronald Macmillan Algie
+
+Release Date: October 13, 2008 [EBook #26912]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK JUVENILE DELIQUENCY COMMITTEE ***
+
+
+
+
+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
+
+
+
+
+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_
+
+ TUESDAY, THE 28TH DAY OF SEPTEMBER 1954
+
+ _Ordered_, "That a Select Committee be appointed, consisting of ten
+ Members, to consider the Report of the Special Committee on Moral
+ Delinquency in Children and Adolescents (H-47, 1954); the Committee
+ to make such recommendations or observations as it thinks fit to
+ the House or the Government; the Committee to have power to sit
+ during the recess and for twenty-eight days after the commencement
+ of the next ensuing session; the Committee to consist of six
+ Members to be nominated by the Prime Minister and four Members to
+ be nominated by the Leader of the Opposition, such names to be
+ submitted to the Clerk of the House on or before 31 December 1954.
+ (Right Hon. Mr HOLLAND.)"
+
+ The names submitted in accordance with the above Order of Reference
+ were: Mr Aderman, the Hon. Mr Algie, Mr Barnes, the Hon. Mr Hanan,
+ Mrs McMillan, the Hon. Mr Mason, Mr D. M. Rae, the Hon. Mrs Ross,
+ Mr Skoglund, and the Hon. Mr Tirikatene.
+
+
+ WEDNESDAY, THE 20TH DAY OF APRIL 1955
+
+ _Ordered_, "That the period set down by Order of the House dated 28
+ September 1954 within which the Juvenile Delinquency Committee was
+ required to present its report be extended to 1 September 1955."
+ (Hon. Mr ALGIE.)
+
+
+ WEDNESDAY, THE 31ST DAY OF AUGUST 1955
+
+ _Ordered_, "That the period set down by Order of the House dated 20
+ April 1955 within which the Juvenile Delinquency Committee was
+ required to present its report be extended to 1 October 1955."
+ (Hon. Mr ALGIE.)
+
+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 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:
+
+ (1) To study the legislation relating to this subject and enacted
+ by Parliament in 1954, to consider its efficacy, and, if possible,
+ to make recommendations for its improvement, and
+
+ (2) To consider the suggestions made by the Mazengarb Committee for
+ action by particular Government Departments, to give an opinion as
+ to how far such recommendations could be given practical effect,
+ and to set out for the information of Parliament the extent to
+ which those recommendations had been put into operation.
+
+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:
+
+ "My suggestion is that, as a first step, the Ministers in charge of
+ social Departments, e.g., Education, Child Welfare, Justice,
+ Police, should be requested to direct their Permanent Heads to
+ concert together and get down to a group study of the problem and
+ report to Government on the practical measures to meet it.
+
+ "Within these Departments are experts who can get down to the facts
+ and who ought to be able to propound some suggestions to ameliorate
+ the present unsatisfactory state of affairs. They should, of
+ course, be authorized, and indeed requested, to enlarge the
+ departmental group and to take in representatives of principal
+ welfare organizations."
+
+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.
+
+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:
+
+ "We have always felt that the spirit of the Child Welfare Act 1925
+ placed an obligation on us to do preventive work, and there are two
+ Cabinet decisions, one going back to 1941, which certainly give the
+ authority. However, we agree that it might be desirable to have the
+ obligation expressed explicitly in the Act. Indeed, in the draft
+ Child Welfare Bill prepared by the Division some eighteen months
+ ago you will find this done in two ways:
+
+ "(1) On page 43 of the draft Bill I sent you you will find Part
+ I devoted to preventive work, and clause 1 begins, 'It shall be
+ the _duty_ of the Superintendent to take positive action to
+ prevent children, etc.'.
+
+ "(2) On page 1 the definition of 'Child in need of care and
+ protection' is so widened as to cover every possible type of
+ preventive case, if read in conjunction with the amendments
+ passed during last session and with the Cabinet authorities to
+ spend public funds on such children.
+
+ "We do not think it necessary to increase the powers of Child
+ Welfare Officers for these purposes. To give them more actual
+ powers over children who have not committed an offence would be to
+ risk justifiable public objection to interference with the liberty
+ of the subject and the rights of parents."
+
+
+_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.
+
+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:
+
+ (1) The Superintendent would--as the head of his own Department--be
+ the captain of his own ship subject only to the direction of his
+ own Minister.
+
+ (2) The Director of Education has a huge Department of his own to
+ administer, and he cannot be expected to give to child welfare the
+ full measure of attention it should have.
+
+ (3) The Minister of Education must in the main find his principal
+ and absorbing interest in the school system, and he could hardly
+ devote to child welfare the same degree of attention that could be
+ expected from the Minister of Social Welfare.
+
+ (4) There would be times when the Superintendent must find it
+ burdensome to have to work through a Department with far-reaching
+ special interests of its own.
+
+ (5) The public standing and prestige of the Superintendent of Child
+ Welfare would be enhanced if he were recognized as the head of his
+ own independent Department.
+
+The arguments on the other side may be summarized in the following way:
+
+ (1) Child welfare by itself would make a relatively small
+ Department and as such it might tend to become inbred and to
+ stagnate.
+
+ (2) A separate Department of Child Welfare would cost more than at
+ present because it would not be able to rely upon some of the
+ staffing and administrative facilities of the Department of
+ Education.
+
+ (3) Some of the institutions now conducted or controlled by child
+ welfare are really schools and as such they would always need to be
+ under the real control of the Department of Education.
+
+ (4) In actual practice no one could define with precision where the
+ functions of child welfare could be separated from those of
+ education.
+
+ (5) Over the years child welfare and education have worked out
+ their own joint policy of administration. They have in fact worked
+ along in harmony and with effective co-operation, and there
+ appeared to be no sound reason for disturbing a set-up which was in
+ fact efficient, economical, and harmonious.
+
+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:
+
+ "It is true that no regulations have ever been gazetted prescribing
+ the duties of Child Welfare Officers. The provisions for them under
+ the Act are merely permissive, and we think it would be a
+ retrograde step to gazette any. The duties of the Superintendent
+ are adequately defined in the Act, and, as in other parts of the
+ Public Service, he delegates such of those powers as he thinks fit
+ to his subordinates. The Division's work has been done on this
+ basis since the passing of the Act, and we can recall no incident
+ where the absence of regulations has caused any difficulty. To
+ define the powers might well be to restrict them and to interfere
+ with the very preventive work we all desire.
+
+ "There should, as the Committee suggests, be some mention of
+ Honorary Child Welfare Officers in the Act, but their powers,
+ again, are better given by delegation than by legislation. It is
+ very desirable that the extent to which use is made of an Honorary
+ Officer's services be allowed to vary with the requirements of the
+ district and the ability of the officer."
+
+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:
+
+ "This comment is true. The position has arisen because of the
+ practical difficulties of having the work carried out by specially
+ appointed Magistrates. The volume of work involved could justify
+ the appointment of only a few such Magistrates, and, because of the
+ geographical spread of the work, they could not handle it
+ expeditiously."
+
+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:
+
+ "There may be reasons why a Children's Court should be open to the
+ public ... The public has a right to know how child offenders have
+ been dealt with. The Committee does not recommend any alteration in
+ the provision prohibiting the publication of the name of any child,
+ or of any name or particulars likely to lead to identification.
+ Subject to this, it is desirable that reporters should be allowed
+ to attend."
+
+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:
+
+ "It is a little difficult to see just what the Committee are
+ suggesting in this paragraph. If they are proposing that a Child
+ Welfare Officer be required to report progress to a Magistrate for
+ his personal information and to enable him to check on the
+ correctness of his judgment, there can be no possible objection.
+ When asked for, indeed, this is already done. If, on the other
+ hand, it is proposed that the Magistrate have continuing authority
+ over the child, then it would turn the Court into a social work
+ agency and would run counter to the whole trend in the development
+ of Children's Court and child welfare work from the beginning of
+ this century. The Magistrate would be compelled to take on
+ responsibilities for which he is not trained, and Child Welfare
+ Officers would tend to become merely junior probation officers
+ attached to the Court. One of the advantages of the present system
+ is that the Superintendent, being the final authority, can ensure
+ uniform standards of case work throughout New Zealand. If it were
+ left to each individual Magistrate to decide exactly what should be
+ done with children, it is certain that wide variations in
+ principles and procedures would occur. Experience has shown, for
+ example, that some Magistrates, with no first-hand knowledge of our
+ institutions, would send to them children for whom they are not
+ established to cater.
+
+ "With regard to the Committee's suggestion that there 'should be
+ some person or body apart from the departmental officers to whom a
+ child could turn for help ...', we would agree that something like
+ the Visiting Justice system of the Justice Department might apply
+ to our institutions as a guarantee to the public and as a
+ protection to both children and officers. However, to extend such a
+ system to children boarded out in private homes would be to ask for
+ endless trouble. People would be loath to accept State wards into
+ their homes if it laid them open to official visits from laymen
+ whose sole function was to hear complaints from the children. The
+ visits of Child Welfare Officers and of Inspectors of the Division
+ must, we feel, be accepted as the main guarantee to the public of
+ fair treatment."
+
+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:
+
+ _Paragraph (a), page 61_ (creation of a new offence) and _paragraph
+ (b), page 61_ (the compulsory attendance of parents at a Children's
+ Court)
+
+Both of these recommendations have been given effect to, and they
+are provided for in the legislation enacted late in the session of 1954.
+
+
+ _Paragraph (c). page 61_ (power of Court to make orders against the
+ parents of offending or delinquent children)
+
+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.
+
+
+ _Paragraph (d), page 62_ (notification of fact of expulsion of a
+ child from school)
+
+This proposal has already been given effect to by administrative
+direction. We feel that legislation on this point will not be
+necessary.
+
+
+ _Paragraph (e), page 63_ (notification to be given to principal of
+ a school where child found to be delinquent)
+
+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.
+
+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.
+
+
+ _Paragraph (f), page 63_ (recommendation that Child Welfare Act be
+ completely redrafted, etc.)
+
+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:
+
+ "We think that the right of appeal from the decisions of the
+ Children's Courts might be usefully made explicit in the Child
+ Welfare Act. We agree also that it might be well to provide for the
+ right of appeal against the Superintendent in certain
+ circumstances. If the system is to be workable and not brought to a
+ standstill by a mass of frivolous appeals, it will be necessary to
+ restrict the right of appeal. If an appeal were to lie every time
+ the Superintendent shifted a ward of State, the proceedings would
+ be endless. The only appeal, we think, should be one to have a
+ child discharged from the care of the Superintendent. Serious
+ complaints of ill treatment could be aired in this way. We are not
+ able to suggest, off-hand, exactly what the restrictions should be,
+ and very full discussions between Child Welfare authorities and
+ legal authorities would be necessary as a preliminary to effective
+ legislation on the point."
+
+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.
+
+(_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:
+
+ "A. _Selection and Training_
+
+ "The minimum educational qualities required are secondary school
+ (Form 2).
+
+ "Policewomen are not required for clerical or administrative
+ duties, therefore importance is not attached to ability to perform
+ office work, typing, or shorthand writing.
+
+ "Recruits chosen with due regard to the foregoing are required to
+ undergo a course extending over five weeks in the Police School at
+ Lyttelton. They are coached in subjects relating to statutes,
+ general police duties, powers and responsibilities of the police,
+ methods of dealing with various contingencies with which they may
+ be faced when on duty, relations with and bearing towards the
+ general public, first-aid, and self-defence. In short, this course
+ is similar in character to that undergone by male recruits to the
+ Force.
+
+ "Women recruits are instructed by a pathologist in matters
+ pertaining to pregnancy, abortion, and the identification of
+ abortion instruments and drugs. They receive instruction in
+ maternity hospitals, with special reference to the unmarried
+ mother. Children's homes, orphanages, and also homes for the aged
+ are visited and studied with a view to creating a solid background
+ for the policewomen's work.
+
+ "With the co-operation of the Justice Department women trainees
+ visit prisons and borstal institutions. They also attend and study
+ procedure at Magistrates' and Supreme Courts. The workings of the
+ probation service and Child Welfare Department are also the subject
+ of visits and study.
+
+ "The training course of five weeks is shorter than that for men,
+ but women recruits appear to absorb instruction more quickly and
+ less time is devoted to physical training.
+
+ "B. _Suggestions Relative to Training_
+
+ "It is felt the present training syllabus coupled with the
+ practical experience which rapidly follows is adequate and that
+ each policewoman is capable of dealing with the problem of the girl
+ who has been involved in sexual offences.
+
+ "C. _Further Comments_
+
+ "The Police Department appreciates that if increased numerically
+ and used more generally policewomen may be a great factor in the
+ prevention of juvenile delinquency, provided that through their
+ frequent association with children, both in the company of their
+ parents and at all grades of school, they become accepted by these
+ young persons from infancy. The help and guidance of women police
+ could be sought on grounds similar to those of the school dental
+ nurse who in her particular sphere is banishing the fear of dental
+ treatment. It is felt a similar approach to the child's moral
+ welfare is worthy of consideration."
+
+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:
+
+ "It could be assumed from the terms of the recommendation that no
+ regulations are at present in force governing the censorship of
+ films and film posters. This, however, is not the case, as
+ appropriate regulations have been in operation for many years. What
+ is now contemplated is a revision of the existing regulations to
+ take account of later legislation and to modernise them in the
+ light of new developments and policies relating to this aspect of
+ the film industry.
+
+ "In particular, the Cinematograph Films Amendment Act 1953 made
+ fairly extensive amendments to existing law relating to censorship,
+ and this in turn has led to the necessity for a completely new
+ approach to certain policy and machinery aspects of the existing
+ regulations. For these reasons, and as the film industry is a
+ licensed and controlled industry, the Committee will understand
+ that it has not been possible, or even perhaps desirable, to
+ progress as speedily as would be the case with other regulations
+ of a more normal character.
+
+ "For the information of your Committee the general position now is
+ that the regulations are in a final stage of preparation and will
+ be submitted for Government approval as soon as practicable."
+
+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:
+
+ (1) "That the Service ensure that the concept 'Crime must never
+ pay' is more prominently featured in crime serials; and
+
+ (2) "That a married woman be immediately appointed to the
+ auditioning panel."
+
+In its report to us the Broadcasting Service says:
+
+ "As regards (1), the Service has always attached great importance
+ to this principle. We can let feature producers know that we attach
+ greater importance to it than ever; but we cannot make it more
+ explicit or more prominent in a feature than the producers have.
+ (After all, no convention in the field of dramatic fiction, in any
+ medium, is stronger or better understood than the convention which
+ distinguishes hero and villain and makes the first triumph over the
+ second.)
+
+ "As regards (2), this extends a practice in accordance with which,
+ since 1952, one or another of the senior women officers of the
+ Service has been used as a referee, when auditioning officers have
+ been in doubt about the proper classification and placement of
+ features.
+
+ "It may be said in summary, then, that the principles, methods, and
+ practice of the Service are in general commended; that they are in
+ no respect criticized severely and in no respect without express
+ qualification; and that the Committee suggests or recommends no new
+ purpose, no new method, but only the closer application of methods
+ already well tried to a purpose which events have made weightier
+ and more urgent.
+
+ "Nevertheless, it has appeared to be desirable to consider what
+ action could and should be taken in accordance with what appears to
+ be the spirit of the Committee's comments and recommendations on
+ Broadcasting rather than with their letter. This has been done, and
+ in what follows I wish to offer some comments and explanations, to
+ review action taken as soon as the report was available and later
+ decisions now being carried out, and to ask for further direction."
+
+ "_Action: Immediate and Continuing:_
+
+ "(i) After the report had been studied Station Managers and
+ other responsible officers were asked to take interim action to
+ ensure that the spirit of the Committee's conclusions in regard
+ to a certain type of song was reflected in their programmes.
+ They were also asked to let us know, with reasons, of any
+ serial features running at their stations which they think
+ should be considered for withdrawal or later time placement.
+
+ "(ii) Two married women of senior status on our staff have been
+ selected to sit in alternation on the Standard Recordings
+ Purchasing Committee and the Features Purchasing Committee.
+ They will not be able to hear with every auditioning officer
+ all episodes of features or all single recordings of songs. To
+ duplicate auditioning staff for this purpose would require the
+ full-time service of five or six married women. Either one,
+ however, will with the Committee study reports, agreeing to
+ acceptance or rejection, and help to guide auditioning and
+ purchasing policy. Doubtful cases brought up by auditioning
+ officers will be heard by them as well as by other senior
+ officers.
+
+ "(iii) The time allotted to features classified as suitable for
+ playing when large audiences of children may be expected to be
+ listening has been from 5 p.m. to 7 p.m.; it is now to be from
+ 4 p.m. to 8 p.m. There may be differences of opinion from time
+ to time on suitability of features for this classification as
+ we have a considerable number of public judges of our
+ decisions, but we shall do our best. All auditioning officers
+ will be fully alert to their responsibility.
+
+ "(iv) Opportunity was taken at a conference in Wellington at
+ the end of last month of the senior programme organizers of all
+ stations throughout the country to discuss fully their
+ responsibilities towards the matters raised in the Committee's
+ report. They also discussed the draft of a revised code of
+ instructions to auditioning officers and others, and this code
+ is now being circulated.
+
+ "(v) An extension of present procedure on popular song records
+ was decided upon for Head Office auditioning officers. Records
+ will be wholly rejected, or passed for general use, or passed
+ with the reservation that they are to be programmed with
+ special care (i.e., as to time placement, frequency, etc.)."
+
+ "The following further action is to be taken:
+
+ "(i) The issue of the code referred to above will give effect
+ to the Service's desire for the consistent wholesomeness of
+ programmes, the need to aim constantly to maintain standards in
+ programmes of all kinds at the highest appropriate level, and
+ the need to exercise discretion in programming material which
+ might be rendered objectionable by repetition, inappropriate
+ time placement, or standard and style of performance.
+
+ "(ii) Some of the dramatic features at present running will be
+ reauditioned if it is thought that they may be out of tune with
+ the present atmosphere or the revised time classification. Even
+ with additional assistance this task may take about six months.
+ There may be some financial loss if many episodes are to be
+ discarded or if the withdrawal of episodes or alteration of
+ time classification creates difficulties in providing
+ replacement programmes at short notice for sponsors. It is
+ relevant here to note the difference between ourselves and film
+ or book censors. After censoring we must ourselves face the
+ financial result of our actions and the administrative
+ difficulty of finding substitute and less objectionable
+ material.
+
+ "(iii) Suppliers of transcribed programmes in Australia are to
+ be advised of the implications of the report so far as it is
+ likely to affect our future purchasing policy.
+
+ "There has been a tendency amongst our critics (I do not refer
+ here to the Committee) to make insufficient allowance for the
+ considerable part played by broadcasting in serving the public
+ good in the spheres of information, education, the arts,
+ and community services. As Sir William Haley, formerly
+ Director-General of the B.B.C. and now Editor of the _Times_
+ said in a recent lecture on _The Public Influence of
+ Broadcasting and the Press_: 'It is, of course, possible to
+ counter all this by raising one's eyebrows at some of the
+ variety programmes. They are the other side of the medal. But
+ one must look at the whole'."
+
+Our conclusions as a Committee are as follows:
+
+ (1) The officers of the New Zealand Broadcasting Service have
+ studied in a properly co-operative spirit the suggestions and
+ recommendations of the Mazengarb Committee, and that
+
+ (2) They are alive to the responsibilities that rest upon them as a
+ Department of State charged with the task of operating a most
+ important medium of public entertainment, information and
+ instruction, and that
+
+ (3) They have, over the years, worked out for themselves a code of
+ procedure under which a high and commendable standard of
+ broadcasting has been, and is being, maintained, and that
+
+ (4) They are taking all reasonable and practicable steps to give
+ effect to the suggestions put forward by the Mazengarb Committee,
+ and that
+
+ (5) We express the hope that the utmost vigilance should be
+ exercised over the choice, content, and timing of
+ programmes--especially over those designed for the extended hours
+ set apart for juvenile listeners--and that every effort be made to
+ maintain the high standard that the Service has set for itself. We
+ recommend, too, that during the hours set apart for children there
+ should be a complete absence of features that can fairly be
+ regarded as being unsuitable for or injurious to young people.
+
+
+(_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:
+
+ "A further recommendation contained in the report is to the
+ following effect:
+
+ "'Any Departments concerned with censorship should maintain a
+ liaison to produce as far as possible a uniform interpretation
+ of public opinion and taste.'
+
+ "In the view of this Department the objective of the recommendation
+ is good and should be followed up by appropriate action. There are
+ several Departments concerned from different angles, and it would
+ seem that the recommendation could best be implemented by whichever
+ Department is charged with the general oversight of matters
+ relating to moral delinquency. It would then be merely a matter of
+ administrative action for that Department to call periodical
+ meetings of the appropriate officers concerned with censorship."
+
+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 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:
+
+ (_a_) By an extension of existing policy for the erection of
+ teachers' houses. All Education Boards were consulted as to where
+ the greatest need for additional houses lay, and, without
+ exception, they gave highest priority to rural areas and small
+ towns. The Government is giving consideration to an extension of
+ policy based on this advice. In 1954, 61 houses were built for
+ teachers; this year the number is expected to be 84.
+
+ (_b_) By the use of the "pool" housing scheme administered by
+ an Inter-departmental Pool Housing Committee. Under this scheme, a
+ proportion of all new State houses erected is set aside for letting
+ to State employees and teachers on transfer. The Department of
+ Education is represented on the Committee that makes the
+ allocations and represents the needs and interests of the teachers
+ and the schools. Most of the areas concerned are in housing
+ settlements.
+
+(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, 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 L2 for L1 subsidy up to L4,000 for halls in primary
+schools and to give a pound-for-pound subsidy up to L4,000 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:
+
+ "I think it highly probable that much delinquency is due to the
+ fact that parents simply do not know how to teach their children on
+ a subject that many parents regard as secret between parents. I
+ think it highly unlikely that a parent will consult an adviser
+ (say, a doctor) as to how the child should be trained, and I am not
+ so sure that a doctor would know what advice to tender even if he
+ was consulted.
+
+ "Instruction of parents seems to be the job of a specialist. The
+ doctors have prepared several booklets on sex instruction.
+
+ "I am wondering if good attendance could be secured for a series of
+ lectures by specialists to parents, either to both sexes or to
+ mothers alone. A mother would probably be more likely to attend a
+ meeting as one of an audience rather than to suffer the
+ embarrassment of a personal consultation with, say, a doctor to
+ whom she has to admit that she does not know how to discharge her
+ duty to her children.
+
+ "It is generally agreed that much of the cause of child delinquency
+ is due to unsatisfactory home influence and parental control and
+ example, but the fact that many of the offenders come from good
+ homes and fine parents is strong evidence, I feel, that there is
+ some important deficiency even in those good homes, and it may well
+ be that that deficiency lies in the fact that the parents do not
+ really know how to give their children the knowledge that they
+ should have in the way they should receive it. I am confident that
+ we have people who could help in this important work. Perhaps women
+ lecturers would be best."
+
+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.
+
+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_
+
+ "Our survey of the book trade disclosed that there were three types
+ of publication to which particular attention should be
+ given--comics, certain crime stories, and nudist and other
+ suggestive magazines.
+
+ (_a_) _Comics_: "These are the publications which have attracted
+ most public attention, both here and overseas, and in particular
+ the type of comic known as the 'crime' or 'horror' comic has come
+ in for a great deal of severe criticism. It is true that reading of
+ a mildly bloodthirsty nature directed at the juvenile market is no
+ new thing. The comic books of today, however, are not those of a
+ generation ago, nor are they at all similar to the comic strips now
+ appearing in the newspapers. Many of them are full of matter which
+ is brutal, horrifying, and sadistic, and although to a certain
+ extent they are published for and read by adults of feeble
+ mentality they are also available to children.
+
+ "The origin of this type of comic is the United States, but other
+ countries have not been slow to follow suit. Large numbers of
+ comics are reprinted in England and Australia from American plates.
+ The interim report of the Kefauver Committee strongly indicts crime
+ and horror comics and gives some revolting illustrations of their
+ contents. Reports indicate that comics almost as bad were
+ circulating in England before the introduction of legislation
+ there. The nature of crime comics circulating in Canada was
+ responsible for an Act passed there in 1949 prohibiting such
+ comics.
+
+ "Even before the passing of last year's Act none of the comics on
+ sale in New Zealand was as bad as the worst American or English
+ examples. At the same time some of them were most objectionable.
+ Since action has been taken here and in Australia the standard of
+ comics distributed in New Zealand appears to have improved
+ considerably. That is not to say that they are all free from
+ objection, and there are a number of crime comics which we do not
+ think should be allowed to go on circulating. Indeed, we think that
+ this country can well do without the crime comic altogether.
+ Recently objection was taken to some forty comics, and we are
+ waiting advice from the distributors as to their attitude. Later in
+ this report we shall refer to further proposals for dealing with
+ comics.
+
+ (_b_) _Crime Stories_: "The second class of publications referred
+ to comprises publications usually known as 'thrillers'. These books
+ are quite different from the ordinary detective novel and from the
+ more traditional type of thriller. Many examples of this new type
+ of gangster thriller have been flooding the New Zealand market in
+ the form of paper-backs selling at 2s. 6d. or less. They are
+ entirely devoid of literary or other merit and are devoted to the
+ wanton depiction in gross detail of brutality, violence, and sex.
+
+ "These publications and a number of so-called detective magazines
+ which imitate them may perhaps be regarded as the adolescent
+ equivalent of the crime comic, and we believe them to be equally
+ harmful. Action against them will, we think, no more infringe the
+ principle of freedom of speech than action against narcotics
+ infringes the principle of free enterprise in the economic sphere.
+
+ "Action against these publications was taken some time ago, and
+ some of the results of this action have appeared from recent
+ reports in the press. As an illustration of what has been done we
+ advised the Associated Booksellers that you considered all the
+ novels of Mickey Spillane to be indecent and that you were prepared
+ to prosecute in respect of them. The booksellers agreed with this
+ opinion and recommended their members not to stock these books. We
+ think it significant that these books, which were agreed to be
+ objectionable, were being sold by many reputable booksellers in New
+ Zealand. This shows how easy it is to offend unwittingly against
+ the Act.
+
+ "There was a group of even more objectionable publications
+ published in paper-back form by an English firm, Milestone Ltd. We
+ advised the police some time ago that we intended to take
+ proceedings against any one found selling these books. The
+ Booksellers' Association agreed with this view.
+
+ "There is an enormous output of books and paper-backs of the
+ detection-thriller type, and it is by no means easy to know where
+ to draw the line. It should be possible, however, to eliminate the
+ really harmful and leave the rest.
+
+ (_c_) _The Suggestive Magazine_: "The third class of publications
+ is the suggestive magazine. Some public concern has been expressed
+ that a number of suggestive magazines are continuing to circulate
+ in this country. The truth is, however, that, although the names
+ are the same, the contents are very different. We have carefully
+ examined all these magazines, and, although they are not perhaps
+ very edifying, we are satisfied that at present none of them
+ clearly infringes the law.
+
+ "Nudist magazines are another matter. Those we have seen appear
+ unobjectionable if their circulation is restricted to nudists and
+ persons interested in the nudist cult. They have, however, been
+ appearing in some newsagents' and tobacconists' shops and openly
+ displayed in windows, and we consider circulation in this form to
+ be undesirable. Serious consideration is being given to the
+ prosecution of any one who displays these magazines or sells them
+ to the general public."
+
+
+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_:
+
+ "(1) We think that the substantive changes made in the special
+ legislation in 1954 have been beneficial, and we strongly recommend
+ that they be retained. The Indecent Publications Act 1910, as it
+ previously stood, dealt with sex and with sex alone, and this is
+ not sufficient. It is, for instance, doubtful if the Spillane
+ novels or some of the books in the Milestone series could
+ successfully be objected to merely on grounds of sex; but they are,
+ nevertheless, of an immoral and mischievous tendency and should not
+ be allowed to continue in circulation. They might be described as
+ 'sadistic' in the true psychological sense in that they combine sex
+ and violence.
+
+ "There has been some suggestion that the Act leaves too vague just
+ what is indecent and that the word 'indecent' should be defined
+ with precision. In the nature of things there are, however, very
+ great difficulties in attempting such a definition. It is
+ significant that no precise definition of indecency exists either
+ in the principal Act or so far as we are aware in the legislation
+ of any other Commonwealth country.
+
+ "The present state of affairs might be dangerous if prosecutions
+ could be taken on the decision of police officials in any town in
+ New Zealand. Whatever may be said in theory, however, the fact that
+ prosecutions can be brought only with the leave of the
+ Attorney-General is, we think, a sufficient guarantee that the law
+ will be applied uniformly and reasonably. Moreover, there is a
+ further safeguard in the right of appeal to the Supreme Court
+ against all decisions of a Magistrate under the Act.
+
+ "We believe that the bookselling trade is quite happy with the
+ present substantive law as it is now being administered, and we
+ firmly hold the opinion that the best course is to leave the
+ substantive provisions of the 1954 Act largely as they are.
+
+ "(2) The registration provisions are a rather complex way of
+ achieving their object, which is to enable the Court to put a
+ seller out of business if he is convicted of an offence against the
+ Act and if the Court believes his conduct is such as to warrant
+ this penalty. We think that this object could be achieved by giving
+ the Court this power directly. It could be provided that on
+ convicting any one under the Act the Court may make an order
+ prohibiting him for a certain period from carrying on the business
+ of selling books or periodicals. The provisions as to registration
+ could then be repealed."
+
+Some members of the present Committee felt that this power should be
+exercised only in the case of a second or subsequent conviction.
+
+ "(3) The marking requirements of the Act are not well adapted to
+ their object, and, as we have mentioned, it has proved necessary to
+ a large extent to dispense with compliance with them. We think it
+ is anomalous that the law should continue to require marking while
+ almost every publication is exempted.
+
+ "In place of the present marking provisions we suggest that every
+ New Zealand publisher should continue to be required to print his
+ name and address on what he publishes, that the importer of
+ overseas periodicals for sale or distribution be required to supply
+ to the Department of Justice a list of the titles imported by him,
+ and that every one other than a retail bookseller who carries on
+ the business of importing books be required to supply to that
+ Department a list of the publishers whose books he imports.
+
+ "(4) There is one anomaly in section 5 (1) (_d_) of the principal
+ Act as set out in the 1954 Act. This is the provision which
+ requires the Magistrate to take account of the persons, classes, or
+ age groups to whom a document is sold or is intended or likely to
+ be sold _and the tendency of the document to deprave or corrupt
+ such persons_. The words in italics are appropriate in the
+ Victorian statute from which they were copied because the
+ common-law test of depraving or corrupting applies in Victoria, but
+ they are at best unnecessary in New Zealand where the Act lays down
+ its own test--namely, that the act of the defendant must be of an
+ 'immoral or mischievous tendency'.
+
+ "(5) The 1954 Amendment contains some ambiguities and anomalies in
+ matters of detail which should be remedied when any further
+ legislation is brought down. These defects were discussed in an
+ article by Professor I. D. Campbell in the 1955 _New Zealand Law
+ Journal_, page 294.
+
+ "_New Provisions Suggested_: (1) As we have said, we are not
+ anxious that the ordinary law-abiding bookseller or distributor
+ should have to undergo the stigma of a criminal prosecution, and
+ this was the main reason for entering into arrangements with the
+ Associated Booksellers and Gordon and Gotch. At present, however,
+ criminal proceedings afford the only real way of testing the
+ position even where there is an honest difference of opinion. We
+ think a better procedure could be devised, and the Select Committee
+ may be invited to deal with this matter.
+
+ "(2) A number of comics which are not strictly indecent within the
+ meaning of the Act are nevertheless objectionable from other points
+ of view. In many the ethical standards of the characters are low.
+ The quality of the print and illustrations varies from the
+ indifferent to the very poor, and must have a serious effect on
+ children's eyesight. In a number of comics the grammar and
+ vocabulary are likewise bad.
+
+ "It is said that children learn from what they see and hear around
+ them. If this is so it would appear that the assiduous reading of
+ comics tends to counteract the work of teachers which costs the
+ country so much.
+
+ "An Inter-departmental Committee in 1952 recommended the
+ introduction of a system of registration. The Committee's original
+ recommendations were: that publishers or importers of comics should
+ apply for registration of every title and that only suitable titles
+ should be registered. The sale of unregistered comics was to be an
+ offence. This procedure may be preferable to the subsequently
+ suggested system of automatic registration followed by
+ de-registration upon complaint.
+
+ "Registration of comics, of course, amounts to censorship. There
+ is, however, no question of literary merit or the spread of
+ knowledge, and the view that an adult should in general be free to
+ read what he likes does not apply in the case of publications
+ primarily intended for children. If it is accepted as proper to
+ censor films there can be little objection to censoring comics.
+
+ "We therefore suggest that the Select Committee might consider
+ whether an authority might be set up to approve and register
+ comics. There could be an Appeal Board similar to that in respect
+ of films to consider complaints against any decision of the
+ registering authority.
+
+ "If this suggestion is unacceptable an alternative might be an
+ amendment to the legislation to be introduced enabling the Court in
+ the case of comics to take into account as one of the factors in
+ considering whether they are objectionable matters of grammar,
+ language and visual standards."
+
+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.
+
+ "(3) We have come across cases in which publications have been
+ advertised to such persons and in such a way as to endeavour to
+ sell them or attract the public on the basis of their emphasis or
+ alleged emphasis on sex, horror or violence.
+
+ "If a publication--for instance, a medical book--is displayed in a
+ shop window open at a page of illustrations this would probably be
+ an offence against the present law even though the book may itself
+ be unobjectionable. There is however, another type of case which
+ would not be caught by the law as it stands, but which we think
+ equally deserves to be prohibited. An example of what we have in
+ mind is an advertisement which is put out by a mail-order firm and
+ is obviously designed to 'sell the book on its sex.' This open
+ appeal to salacious instincts is most objectionable and we can see
+ no justification for allowing it. Whether or not the publication
+ itself is indecent, we think the type of advertisement we refer to
+ should be prohibited by law.
+
+ "_Amendments of Principal Act_: Prior to 1954 the Indecent
+ Publications Act 1910 had stood without alteration for over forty
+ years, and although its main principles are still sound revision is
+ badly needed. Indeed, last year's amendment in certain respects
+ increased rather than decreased the difficulties. In our opinion,
+ the best solution is to reconsider the legislation as a whole and
+ to deal with the topic of objectionable publications in a new and
+ self-contained Act. This would, of course, take some time. We have
+ notes of many points to raise with the draftsman, but we cite
+ others of more general significance.
+
+ "(1) We consider that parts of the present section 6 are obsolete
+ and should be repealed. Section 6 enumerates certain classes of
+ works which are _prima facie_ indecent. Among these are 'any
+ document or matter which relates or refers, or may reasonably be
+ supposed to relate or refer, to any disease affecting the
+ generative organs of either sex, or to any complaint or infirmity
+ arising from or relating to sexual intercourse, or to the
+ prevention or removal of irregularities in menstruation'.
+
+ "In so far as this part of the section would prevent the
+ advertising of useless or harmful products, it is unnecessary in
+ view of the Medical Advertisements Act 1942. In so far as it
+ represents a general attitude it seems out of date now that the
+ matters referred to are discussed with far less reticence than when
+ the Act was passed. The reference to drugs or methods for procuring
+ abortion or miscarriage in the later part of the section might be
+ retained, but it belongs more properly in the Crimes Act or the
+ Police Offences Act.
+
+ "(2) At present section 157 of the Crimes Act overlaps the
+ provisions of the Indecent Publications Act 1910, and the tests it
+ lays down are expressed in very different language. This section is
+ little used, but it seems undesirable that there should be two
+ different tests for what is really the same offence. We recommend
+ the repeal of section 157 in so far as its subject matter overlaps
+ the Indecent Publications Act 1910.
+
+ "(3) If the legislation is rewritten, we suggest that consideration
+ be given to the incorporation in the Act of the 'dominant effect'
+ test laid down in an American case, the Ulysses case.
+
+ "The consolidation and rewriting of the existing legislation would
+ be of real benefit. The nature of the topic, however, demands that
+ any general consolidation should receive careful and even cautious
+ consideration. We do not think that in this matter urgent or speedy
+ action is called for."
+
+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.
+
+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
+
+_Price 1s. 6d._
+
+
+
+
+
+
+End of the Project Gutenberg EBook of Report of the Juvenile Delinquency
+Committee, by Ronald Macmillan Algie
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+*** END OF THIS PROJECT GUTENBERG EBOOK JUVENILE DELIQUENCY COMMITTEE ***
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