DOCSLIB.ORG

A Civil and Ecclesiastical Union? the Development of Prison Chaplaincy in Aotearoa-New Zealand

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

A Civil and Ecclesiastical Union? The Development of Prison Chaplaincy in Aotearoa-New Zealand Douglas B Mansill A thesis submitted to Auckland University of Technology In fulfilment of the requirements for the degree of Master of Philosophy (MPhil) 2008 Institute for Public Policy Primary Supervisor: Dr. Love Chile Table of Contents Attestation of Authorship Page 4 Acknowledgements Page 5 List of Abbreviations Page 6 Abstract Page 7 CHAPTER ONE: INTRODUCING THE STUDY Page 8-16 The Role of the Prison Chaplain Prison Chaplaincy: 1840–2006 Justification for this Study Scope and limitations of this study Emergent themes and structure of this study CHAPTER TWO: METHODOLOGY: THE CHALLENGES OF DATA COLLECTION AND INTERPRETATION Page 17-24 Literature Reviewed Data Collection Underpinning Methodological Approaches CHAPTER THREE: THE ORIGINS OF PRISON CHAPLAINCY IN NEW ZEALAND 1840 – 1880 Page 25-50 The Development of the Prison System in New Zealand 1840-1952 Prison Chaplaincy in New Zealand under the Provincial Government Prison Chaplaincy and Maori Spiritual Issues 1840-1880 CHAPTER FOUR: LEARNING TO LIVE WITH A CENTRALISED PRISON SYSTEM 1880 – 1949 . Page 51-70 Prison Chaplaincy under the Hume Administration: 1880–1909 Prison Chaplaincy in the Post Hume Era: 1909–1949 CHAPTER FIVE: CHURCH STATE AND PRISONS: A NEW PARTNERSHIP 1949 – 1954 Page 71-88 Social, Economic and Religious Factors 1951-1954 The Catholic Chaplaincy 1951-1954 A reluctant Bride and an avid Suitor? CHAPTER SIX: CHURCH, AND STATE: DEVELOPING THE NEW PARTNERSHIP 1954–1980 Page 89-123 Developing Ministry to Maori Prisoners’ The Catholic - Protestant Relationship Training and Theological Development The Prison Chaplains’ Association Two Crises A Golden Age or Seed Bed for future difficulties? CHAPTER SEVEN: RELATIONSHIPS UNDER STRAIN: 1980–1989 Page 124-160 The Penal Policy Review: 1981 A Fraught Relationship: Prison Chaplains, the NCC and CCANZ 1980 – 89 Pentecostalism and Prison Fellowship The Resurgence of Maori Consciousness Public Service Administration and Government Economic Policy 2 CHAPTER EIGHT: ROPER AND PERRY: RE-THINKING THE RELATIONSHIP Page 161-177 Background to the Roper Enquiry The Roper Report: Terms of Reference and Findings Prisons in Change The Perry Report CHAPTER NINE: RELATIONSHIP DIFFICULTIES AND A NEW PARTNER 1990–1998 Page 178-211 Legislative and Restructuring Influences The Interim Advisory Board The New Job Description: Re-configuring the Role of Prison Chaplains The Catholic Response to the Perry Report Accountabilities and Matters of Principle The Department of Corrections CHAPTER TEN: CONTRACTING THE UNION: 1998–2006 Page 212-241 Department of Corrections Developments 1995 – 2006 Negotiating the Contract Contracting Partners: the PCSANZ and Department of Corrections, 2000 – 2006 The Catholic Church and the Contract Prison Chaplaincy at ACRP Postscript CHAPTER ELEVEN: PRISON CHAPLAINCY AND CAPITAL PUNISHMENT Page 242-267 Capital Punishment in New Zealand 1840-1961 The Moral Dilemmas The Impact of Executions Ministry to the Condemned Prisoner Postscript: A Time for Healing? CHAPTER TWELVE: A CIVIL AND ECCLESIASTICAL UNION? Page 268-277 The Nature of the Church-State Interface The Impact of Biculturalism The influence of theological and Ecclesiastical Trends The Impact of Inter-Church Politics The Impact of Socio Economic Trends and Developments Changes in Government Policy A Civil and Ecclesiastical Union? Areas for further Research REFERENCES Page 278-287 APPENDICES: Ethics Approval Page 288-289 3 Attestation of Authorship I hereby declare that this submission is my own work and that, to the best of my knowledge and belief, it contains no material previously published or written by another person (except where explicitly defined in the acknowledgements), nor material which to a substantial extent has been submitted for the award of any other degree or diploma of a university or other institution of higher learning. Signed: Name: Douglas Mansill Date: 03 December 2008 4 Acknowledgements I gratefully acknowledge the support and encouragement of the following people who have assisted with the writing of this thesis. • Staff of the Departments of Corrections and Justice • Board members, chaplains and other employees of the PCSANZ. • All of those people who participated in oral interviews. • My supervisors Dr Love Chile and Dr Allan Davidson. • Staff of church and other archival repositories. • All of those people who have provided data from their own personal collections. • My wife Elizabeth, her father Hugh Livingston, my parents Vern and Jean Mansill and my daughters Jean and Morag. • David and Elie Connor who provided paid assistance for formatting and word processing of this thesis. • Any other people who have assisted in any way with the completion of this project, Without their support, advice and encouragement to commence this research, completion of this study would not have been possible. I hope that the information provided by this study will assist Church and State administrators to enhance the spiritual well being of the men and women who are incarcerated in the penal institutions of New Zealand. Douglas Mansill. 5 List of Abbreviations ACRP Auckland Central Remand Prison AJHR Appendix to the Journal of the House of Representatives ATL Alexander Turnbull Library CCANZ Conference of Churches in Aotearoa New Zealand CCAW Catholic Church Archives, Wellington COG Corrections Operations Group CPCG Catholic Prison Chaplains’ Group DNZB Dictionary New Zealand Biography DoC Department of Corrections DSC Daily Southern Cross ECA Employment Contracts Act FTE Full Time Equivalent Chaplain ICAB Interim Chaplaincy Advisory Board ICCoP Inter-church Council on Public Affairs LDO Legal Deposit Office NCC National Council of Churches NZH New Zealand Hearald NZPC New Zealand Prison Chaplains NZPCA New Zealand Prison Chaplains’ Association PCAB Prison Chaplaincy Advisory Board PCACF Prison Chaplains’ Association Correspondence File PCSANZ Prison Chaplaincy Service of Aotearoa New Zealand PFA Public Finance Act PPR Penal Policy Review PPS Public Prisons Service Roper Report Prison Review - Te Ara Hou: The New Way Perry Report Prison Chaplaincy Review SPC RC Catholic Senior Prison Chaplain SPC Senior Prison Chaplain TGC The Gaols Committee 6 ABSTRACT New Zealand prisons were a colonial construct established by early colonial administrations to deal with criminal behaviour occurring at the time of European settlement. Like the prison system, prison chaplaincy also had its origins in colonial experiences from the United Kingdom where chaplains were employed to meet the spiritual needs of those in institutions such as schools, hospitals, colleges, the military and legations. This thesis addressed the question of how the partnership between Church and State administrators in New Zealand for the provision of chaplaincy services developed between 1840 and 2006. Four phases were identified in the evolution of prison chaplaincy: phase one 1840-to-1950, characterised by ad hoc arrangements between clergy and local prison management; phase two 1951-to-1989 when Secretary for Justice Samuel Barnett established a formal relationship with the National Council of Churches and the Roman Catholic Church to provide chaplains for penal institutions; phase three identified as ‘prisons in change’ 1990-1999, when the Interim Chaplaincy Advisory Board and Prison Chaplaincy Advisory Board worked in tandem with the Departments of Justice and Corrections to administer the Prison Chaplaincy Service, arising from the recommendations of the Roper and Perry Reports; and phase four 2000-to-2006, a period when the Prison Chaplaincy Service of Aotearoa New Zealand was contracted to the Department of Corrections to employ prison chaplains. The research adopted a multi-faceted approach, consisting of phenomenology, ethno- methodology and hermeneutics to understand attitudes and experiences of key players and institutions in the evolution of Prison Chaplaincy. Data was collected through interviews of key informants, critical evaluation of published and unpublished material in public and private collections. The study identified six key factors that influenced the development of Prison Chaplaincy in New Zealand. These were: the nature of the Church-State interface, the impact of biculturalism, the influence of theological and ecclesiastical trends, the impact of inter-church politics, the influence of socio economic trends and developments, and changes in Government policy. It also found that while there were tensions, the Church-State partnership had positive benefits for the spiritual outcomes for prisoners. 7 CHAPTER ONE INTRODUCING THE STUDY This study asks: “how did Church and State administrators manage the relationship for the provision of chaplaincy services in New Zealand prisons between 1840 and 2006?” Consideration of this issue is important because evidence shows that there were tensions and misunderstandings in this Church-State partnership, hence the title of this thesis. By examining available literature, documentary data and the views of key informants, this enquiry seeks to address this question as well as identify developmental trends in the evolution of chaplaincy services in New Zealand penal institutions. The Role of the Prison Chaplain Understanding the role and function of a chaplain is a prerequisite for considering the Church-State partnership that evolved in the provision of chaplaincy services to New Zealand penal institutions. Prisons in New Zealand
Recommended publications
  • An Assessment of Governmental Accountability for Prisoners’ Rights in New Zealand’S Private Prisons

    An Assessment of Governmental Accountability for Prisoners’ Rights in New Zealand’S Private Prisons

    Much Obliged 207 Much Obliged: An Assessment of Governmental Accountability for Prisoners’ Rights in New Zealand’s Private Prisons * REBECCA KENNEDY A series of damning incidents and allegations of mismanagement in privately managed prisons in 2015 have triggered an important discussion about the nature of prison management in New Zealand. This article examines the extent to which the New Zealand Government is obligated to safeguard and uphold prisoners’ rights under the prison privatisation regime enacted in the Corrections (Contract Management of Prisons) Amendment Act 2009. It proposes that while the ambit of the Government's managerial role is different under this regime, the Government retains complete accountability for prisoners’ rights. It further assesses the strengths and weaknesses of New Zealand's prison privatisation regime, concluding it is inadequate for safeguarding prisoners’ rights, and recommends ways to address this inadequacy. I INTRODUCTION The Corrections (Contract Management of Prisons) Amendment Bill 2009 (the Bill) was introduced on 12 May 2009. It amended the Corrections Act 2004 (the Principal Act) by allowing competitive tendering for the private management of New Zealand prisons on a case-by-case basis.1 The Bill passed its third reading 68 votes to 53. It received Royal assent on 7 December 2009 and came into force the following day. Currently, only one New Zealand prison is under private management. One other prison had been privately managed, but the Government regained control of it in 2015 following allegations of mismanagement. * BA/LLB. Solicitor, Auckland. The dissertation that forms the basis for this article was awarded the Legal Research Foundation Unpublished Postgraduate Student Paper Award for 2015.
  • Prisoners' Rights and Media Wrongs: a Critical Discourse Analysis of The

    Prisoners' Rights and Media Wrongs: a Critical Discourse Analysis of The

    Prisoners’ Rights and Media Wrongs: A Critical Discourse Analysis of the Media Representation of Private Prisons in New Zealand By Otis Lynch Boyle A thesis submitted to Victoria University of Wellington in fulfilment of the requirements for the Degree of Master of Arts in Criminology Victoria University of Wellington December 2016 For those imprisoned, not least my friend Alex. ii ABSTRACT In 2009, the Corrections (Contract Management of Prisons) Amendment Bill was passed, implementing the New Zealand (NZ) Government’s policy of prison privatisation. Subsequently, ‘Mt Eden’, a public prison previously managed by the state, was contracted to British conglomerate Serco and a second private prison, ‘Wiri’, was built under contract to the same company. However, in July 2015, a cell-phone video capturing Mt Eden prisoners engaged in fights, in full view of prison officers and CCTV, was uploaded to YouTube. It captured the attention of the media, politicians and the public. An unprecedented stream of media revelations about prisoner mistreatment, corruption and various human rights violations followed, prompting the Department of Corrections to seize control of the prison. In the wake of this ‘crisis’, this thesis explores the changing nature of legitimacy for private prisons in NZ. Where previously, legitimacy of the penal system was largely staked on security and maintaining sufficiently austere prison conditions, the revelations of serious rights violations at Mt Eden prison highlights one of the ‘moments’ in which the legitimacy of the prison system was fractured for being too severe. To examine the changing nature of legitimacy, the study investigates the treatment of private prisons by three media sources - the New Zealand Herald, Stuff and Radio New Zealand.
  • In the High Court of New Zealand Auckland Registry Cri 2012-085-009093 [2014] Nzhc 1244

    In the High Court of New Zealand Auckland Registry Cri 2012-085-009093 [2014] Nzhc 1244

    IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CRI 2012-085-009093 [2014] NZHC 1244 THE QUEEN v JOHN ARCHIBALD BANKS Hearing: 19–22, 26–27 and 29 May 2014 Appearances: P E Dacre QC and A Van Echten for the Crown DPH Jones QC and K Venning for the Defendant Verdict and 5 June 2014 Reasons for Verdict: REASONS FOR VERDICT OF WYLIE J R v BANKS [2014] NZHC 1244 [5 June 2014] INDEX Paragraph Introduction ............................................................................................................ [1] Judge alone trial ..................................................................................................... [5] Structure ............................................................................................................... [12] Relevant rules of law and practice ....................................................................... [13] The applicable law – The Local Electoral Act 2001 ............................................ [21] (a) Is the person whose conduct is under scrutiny a candidate? .................... [30] (b) Transmission of return of electoral expenses? .......................................... [31] (c) Was the return false in any material particular? ....................................... [32] (d) Knowledge of the falsity ............................................................................ [37] Overall factual setting .......................................................................................... [49] The mayoral campaign ........................................................................................
  • Hung out to Dry?

    Hung out to Dry?

    SOPHIE DAVIS HUNG OUT TO DRY? QUESTIONING THE LEGALITY OF SOUTHLAND BABY- FARMER MINNIE DEAN’S 1895 MURDER TRIAL AND EXECUTION Submitted for the LLB (Honours) Degree Faculty of Law Victoria University of Wellington 2014 2 Abstract In 1895 Minnie Dean became the only New Zealand woman to receive the death penalty. In the Invercargill Supreme Court she was found guilty of the murder of Dorothy Edith Carter, a child Minnie had recently adopted, who was found buried in her garden alongside two other infants. Branded a vindictive baby-farmer, Minnie Dean was widely condemned by the New Zealand press and public during the four months between her arrest and execution. This paper will assess whether, amongst the mania, Minnie was afforded a fair criminal trial and sentencing. It will be argued that while Minnie’s fate was largely predetermined from the moment of her arrest, against 1895 legal standards, correct criminal procedure was generally followed. Despite this, when comparing her trial and sentencing with contemporaneous murder trials, it is evident that Minnie Dean received no procedural clemency. Key Words Minnie Dean; 19th Century; Criminal Procedure; Death Penalty; Infanticide 3 Table of Contents I Introduction .............................................................................................................. 4 II Methodology ............................................................................................................. 5 III Minnie Dean’s Background and Arrest ...................................................................
  • Te Wairua Kōmingomingo O Te Māori = the Spiritual Whirlwind of the Māori

    Te Wairua Kōmingomingo O Te Māori = the Spiritual Whirlwind of the Māori

    Copyright is owned by the Author of the thesis. Permission is given for a copy to be downloaded by an individual for the purpose of research and private study only. The thesis may not be reproduced elsewhere without the permission of the Author. TE WAIRUA KŌMINGOMINGO O TE MĀORI THE SPIRITUAL WHIRLWIND OF THE MĀORI A thesis presented for the Degree of DOCTOR OF PHILOSOPHY in Māori Studies Massey University Palmerston North, New Zealand Te Waaka Melbourne 2011 Abstract This thesis examines Māori spirituality reflected in the customary words Te Wairua Kōmingomingo o te Maori. Within these words Te Wairua Kōmingomingo o te Māori; the past and present creates the dialogue sources of Māori understandings of its spirituality formed as it were to the intellect of Māori land, language, and the universe. This is especially exemplified within the confinements of the marae, a place to create new ongoing spiritual synergies and evolving dialogues for Māori. The marae is the basis for meaningful cultural epistemological tikanga Māori customs and traditions which is revered. Marae throughout Aotearoa is of course the preservation of the cultural and intellectual rights of what Māori hold as mana (prestige), tapu (sacred), ihi (essence) and wehi (respect) – their tino rangatiratanga (sovereignty). This thesis therefore argues that while Christianity has taken a strong hold on Māori spirituality in the circumstances we find ourselves, never-the-less, the customary, and traditional sources of the marae continue to breath life into Māori. This thesis also points to the arrival of the Church Missionary Society which impacted greatly on Māori society and accelerated the advancement of colonisation.
  • Imagereal Capture

    Imagereal Capture

    Internal Disciplinary Hearings in New Zealand Prisons: Undisciplined Administrative Discretion by Kerry Greer· For most people the prison is a place of mystery-set aside from the rest of public and private society. In popular mythology, it has an image of violence. While the potential for such is real, it is not the potential for violence or cruelty from guards, or fellow prisoners that is the greatest evil; neither is it the threat of homosexuality or long hours confined to cells. The greatest potential evil in our prisons is administrative discretion granted to inadequately trained prison staff. It is a discretion that is not open to review independently of the prison system. The nature of this discretion and its use as it applies to the for­ mal disciplinary procedures in New Zealand prisons is examined. Changes that would both support and reform existing disciplinary procedures are proposed and discussed. I. ADMINISTRATIVE DISCRETION IN PRISON Administrative discretion in the prison is that power to make deci­ sions that affect the prisoner's status, mental and physical wellbeing, and access to procedures, privileges and information. It can even decide the length of time the prisoner will serve within the upper limit of the. court-imposed sentence. It is that power to decide for the prisoners everything that they would have done for themselves. An increasingly popular view is that the prisoner retains all the rights which citizens in general have, except those which must be limited or forfeited to enable the administration of the penal institu- • Mr Greer is presently a prisoner at Auckland Maximum Security Prison.
  • The Compassionate Contrarians a History Of

    The Compassionate Contrarians a History Of

    The Compassionate Contrarians The Compassionate Contrarians A history of vegetarians in Aotearoa New Zealand Catherine Amey Anti-Copyright 2014 May not be reproduced for the purposes of profit. Published by Rebel Press P.O. Box 9263 Marion Square 6141 Te Whanganui a Tara (Wellington) Aotearoa (New Zealand) [email protected] www.rebelpress.org.nz National Library of New Zealand Cataloguing-in-Publication Data Amey, Catherine. The compassionate contrarians: a history of vegetarians in Aotearoa New Zealand / Catherine Amey. ISBN 978-0-473-27440-5 (pbk.)—ISBN 978-0-473-27441-2 (PDF) 1. Vegetarians—New Zealand—History. 2. Animal rights activists—New Zealand—History. 3. Political activists—New Zealand— History. I. Title. 613.2620922093—dc 23 Cover design: Kate Logan Bound with a hatred for the State infused into every page Set in 10.5pt Minion Pro. Titles in Futura Std Heavy 18pt Contents Foreword i Introduction 1 1. A fig for the vegetarians! 5 2. Perils of the flesh: 31 Seventh Day Adventists and pure foods 3. Is meat-eating a necessity? 51 women’s rights, temperance, and vegetarianism 4. The kinship of all living beings: 75 peace, vegetarianism and animal rights 5. Spuds, parsnips, and swedes: 99 vegetarian conscientious objectors in detention, from the Second World War to the Korean War 6. ‘Glorious is the crusade for humaneness’: 121 theosophy, vegetarianism and animal rights 7. Flavours and recipes from many traditions 143 8. Diet and the revolution: 169 vegetarianism in the counterculture 1960s—1980s 9. Chickens, pigs, cows, and the planet 193 1980s—2000s Looking backwards, looking forward 211 Endnotes 217 Index 267 Foreword The rat was white and very clean, with a sensitive, twitching nose and a gentle expression.
  • True Crime New Zealand 2

    True Crime New Zealand 2

    1. TRUE CRIME NEW ZEALAND 2. TRUE CRIME NEW ZEALAND THE CASES: VOLUME ONE SIRIUS RUST SIRIUS PUBLISHING TRUE CRIME NEW ZEALAND 3. First published in 2019 Copyright © True Crime New Zealand Email: [email protected] Web: www.TrueCrimeNZ.com TRUE CRIME NEW ZEALAND 4. CONTENTS Introduction by Jessica Rust 6. History of True Crime New Zealand 9. Case 1: Parker-Hulme Murder, 1957, Christchurch 17. - Part I: Events Leading up to Murder 18. - Part II: Events Subsequent to Murder 49. Case 2: The Missing Swedes, 1989, Thames 67. - Prologue: A Trip of a Lifetime 68. - Investigation: Following Leads 82. - Epilogue: The Next Twenty Years 103. Case 3: Schlaepfer Family Murders, 1992, Paerata 122. Case 4: Delcelia Witika, 1991, Mangere 136. Case 5: Maketū Wharetōtara, 1842, Russell 154. Case 6: Minnie Dean, 1895, Winton 171. Case 7: Walter James Bolton, 1957, Wanganui 191. Case 8: Graeme Burton, 1992, Lower Hutt 210. - Part I: Paul Anderson 211. - Part II: Karl Kuchenbecker 223. Case 9: Joe Kum Yung, 1905, Wellington 249. Case 10: Brent Garner, 1996, Ashhurst 268. TRUE CRIME NEW ZEALAND 5. - Part I: Venus 270. - Part II: Mars 283. Case 11: The Crewe Murders, 1970, Pukekawa 294. - Prologue: Pukekawa 295. - Investigation: Looking for Evidence 310. - Epilogue: Nine Long Years 333. Case 12: The Rainbow Warrior, 1985, Auckland 356. - Prologue: Nuclear Proliferation 358. - Part I: Warriors of the Rainbow 365. - Part II: Operation Satanic 379. - Epilogue: Nuclear Free New Zealand 392. Aknowledgements 401. TRUE CRIME NEW ZEALAND 6. Introduction I met my husband in 2012. I was a lonely, insecure young woman.
  • Чаграк Н. І. COUNTRY STUDIES the United Kingdom of Great Britain

    Чаграк Н. І. COUNTRY STUDIES the United Kingdom of Great Britain

    Чаграк Н. І. COUNTRY STUDIES The United Kingdom of Great Britain and Northern Ireland The USA Canada Australia New Zealand Навчальний посібник для студентів вищих навчальних закладів Івано-Франківськ Гостинець 2010 1 УДК 811.111 ББК 81.2. Англ. Ч 12 Рецензенти: Ткачівський В.В. кандидат філологічних наук, доцент Петрик Т.В. кандидат філологічних наук, доцент Чаграк Н. І. Ч 12 Country Studies. Посібник для студентів вищих навчальних закладів. – Івано-Франківськ: Гостинець, 2010. – 158с. Посібник призначений для студентів фахових факультетів вищих навчальних закладів України за спеціальностями «Туризм», «Готельно-ресторанна справа», а також усіх, хто зацікавлений вивченням англомовних країн. Посібник містить інформацію країнознавчого, лінгвістичного, туристичного характеру, висвітлюючи різні аспекти сучасного життя і туристичний потенціал Великобританії, США, Канади, Австралії та Нової Зеландії. Затверджено до друку Вченою радою Інституту туризму Прикарпатського національного університету імені Василя Стефаника (Протокол № 1 від 27 серпня 2010 р.) 2 CONTENTS ПЕРЕДМОВА THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND THE UNITED STATES OF AMERICA CANADA AUSTRALIA NEW ZEALAND SOURCE MATERIAL 3 ПЕРЕДМОВА Навчальний посібник з лінгвокраїнознавства є одним з перших, що розглядає англомовні країни в аспекті туризмознавства і розрахований для студентів фахових факультетів вищих навчальних закладів України за спеціальностями «Туризм», «Готельно- ресторанна справа». Посібник містить інформацію країнознавчого, лінгвістичного, туристичного характеру, висвітлюючи різні аспекти сучасного життя і туристичний потенціал Великобританії, США, Канади, Австралії та Нової Зеландії. Книга складається з 5 розділів, побудованих за єдиною структурою, до якої входять такі підрозділи, як короткі відомості з географії та демографії, економічного розвитку країни, характеристика систем державного управління, освіти, здоров’я, інформація про культуру, мови і національну кухню. Значну частину кожного розділу присвячено туристичному потенціалові країни.
  • An Analysis of Historical News Reporting of Multiple-Child Murders

    An Analysis of Historical News Reporting of Multiple-Child Murders

    Copyright is owned by the Author of the thesis. Permission is given for a copy to be downloaded by an individual for the purpose of research and private study only. The thesis may not be reproduced elsewhere without the permission of the Author. Killing innocents An analysis of historical news reporting of multiple- child murders in New Zealand and the legislation that changed the crime reporting framework A thesis submitted in partial fulfilment of the requirements for the degree of Doctor of Philosophy at Massey University, Wellington, New Zealand. Francine Tyler 2021 2 Author’s address Francine Tyler School of Communication, Journalism and Marketing Massey University [email protected] Supervisors Associate Professor F. Elizabeth Gray, Ph.D. Office of the PVC, Massey Business School Massey University Dr. Catherine Strong, Ph.D. School of Communication, Journalism and Marketing Massey University Cover photo by Francine Tyler. 3 Abstract The murder of children – innocents who require nurture and love - is one of the most horrific and inexplicable of crimes, and has generated innumerable column inches of newspaper reportage. This research project addresses a gap in academic research by examining naming and framing practices in newspaper accounts of multiple-child murder cases in New Zealand during the 60-year-period from 1870 to 1930. It also examines the discussion around New Zealand’s suppression laws and their introduction and evolution in legislation and in common law; these laws changed the framework for how multiple-child murders could be reported in news reports. The research into the evolution of suppression laws, beginning at the turn of the twentieth century, is used to examine whether these legal changes altered the media landscape and the way multiple-child murders were reported.
  • NZ LOIPR, Peace Movement Aotearoa, January 2014

    NZ LOIPR, Peace Movement Aotearoa, January 2014

    Peace Movement Aotearoa PO Box 9314, Wellington 6141, Aotearoa New Zealand. Tel +64 4 382 8129 Email [email protected] Web site www.converge.org.nz/pma _______________________________________________________________________________________ NGO information for the Human Rights Committee, 110th session: List of Issues Prior to Reporting, New Zealand 23 January 2014 Overview 1. This report provides an outline of some issues of concern with regard to the state party's compliance with the provisions of the International Covenant on Civil and Political Rights (the Covenant) to assist the Human Rights Committee (the Committee) with drawing up the List of Issues Prior to Reporting in advance of New Zealand's sixth Periodic Report. There are ten main sections below: A. Information on Peace Movement Aotearoa; B. The constitutional and legal framework: lack of protection for Covenant rights (Article 2); C. Indigenous Peoples' Rights (Articles 1, 26 and 27): i. Foreshore and seabed legislation; ii . Deep sea oil exploration and drilling, hydraulic fracturing (fracking) and mining iii. Fresh water and the privatisation of state-owned assets; and iv . Local government, the Treaty of Waitangi and indigenous peoples’ rights. D. Rights of the Child: Child Poverty Action Group case (Articles 2, 24 and 26) E. Social welfare reform agenda (Articles 2, 3, 24, 26) i. Social Security (Youth Support and Work Focus) Amendment Bill 2012; ii . Social Security (Benefit Categories and Work Focus) Amendment Bill 2012; and iii . Social Security (Fraud Measures and Debt Recovery) Amendment Bill 2013. F. Privatisation of prisons (Articles 2 and 10) G. Deployment of electro-muscular disruption devices / tasers (Articles 6 and 7) H.
  • The Suppression Order Made in the District Court in Relation to the Contents of the United States' Record of the Case Remains in Effect

    The Suppression Order Made in the District Court in Relation to the Contents of the United States' Record of the Case Remains in Effect

    NOTE: THE SUPPRESSION ORDER MADE IN THE DISTRICT COURT IN RELATION TO THE CONTENTS OF THE UNITED STATES' RECORD OF THE CASE REMAINS IN EFFECT IN THE COURT OF APPEAL OF NEW ZEALAND CA526/2012 [2013] NZCA 38 BETWEEN THE UNITED STATES OF AMERICA Appellant AND KIM DOTCOM, FINN BATATO, MATHIAS ORTMANN AND BRAM VAN DER KOLK First Respondents AND THE DISTRICT COURT AT NORTH SHORE Second Respondent Hearing: 20 September 2012 Court: Arnold, Ellen France and French JJ Counsel: J C Pike and F Sinclair for Appellant P J Davison QC, W Akel and R C Woods for Mr Dotcom G J Foley for Messrs Batato, Ortmann and Van der Kolk Judgment: 1 March 2013 at 3 pm JUDGMENT OF THE COURT A The appeal is allowed. The order for disclosure made by Judge Harvey in the District Court is quashed. B The cross-appeal is dismissed. C Costs are reserved. The parties have leave to file further memoranda if necessary. ____________________________________________________________________ USA V DOTCOM & ORS COA CA526/2012 [1 March 2013] REASONS OF THE COURT (Given by Arnold J) Table of Contents Para No Introduction [1] Allegations against Megaupload and Mr Dotcom [6] Extradition Background [12] Extradition Act 1999 [16] (a) The relationship between the Act and a relevant extradition treaty [19] (b) Protection of human rights [22] (c) Different extradition processes [27] (i) Endorsed warrant process: Part 4 [28] (ii) Commonwealth and treaty countries: Part 3 [30] (iii) Non-Commonwealth, non-treaty countries: Part 5 [36] Background to record of the case procedure [37] Nature of extradition proceedings [40] The judgments below [46] (a) District Court [46] (b) High Court [48] Evaluation [49] The NZ/US Treaty [50] The Act [65] (a) Section 25 [82] (b) Section 24 [97] Drawing the threads together [104] Relief [110] Decision [114] Introduction [1] This case raises an important point concerning the extent of disclosure that a court may order a requesting state to provide in advance of a particular form of extradition hearing.