If you have issues viewing or accessing this file contact us at NCJRS.gov. CIC~r S~:2. -9Y i;, ~: Report of Ministerial Committee of Inquiry into Violence 108665 U.S. Department of Justice National Institute of Justice This documenl has been reproduced exactly as received from the person or organization originating it. Points 01 view or opinions stated In this document are those of the authors and do not necessarily represent the official posilion or pOlicies 01 the National Institute of Justice. Permission to reproduce this copyrightetl material has been granted by Department of Justice, Wellington, New Zealand .. to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permis· sian of the copyright owner. Presented to the Minister of Justice March 1987 iOReport of Ministerial Committee of Inquiry in~o Violence "'---, Presented to the Minister of Justice March 1987 COMMITTEE OF INQUIRY INTO VIOLENCE Chairman Sir Clinton Roper of Christchurch, Retired Judge of the High Court Members Mr M. R. D. Guest of Dunedin, Barrister and Solicitor and Dunedin City Councillor since 1977. Mrs A. Tia Q.S.M., J.P. of Auckland with a long history in community and youth social work. Dr A. P. McGeorge of Auckland, Psychiatrist and Familv therapist, Director of the Adolescent Unit of Auckland Hospital Board. Mrs B. E. Diamond of Wellington, teacher for 20 years and Senior Mistress at Wainuiomata College. Sir Norman Perry M.B.E. of Opotiki, member of the East Coast Regional Development Council and consultant to the Whakatohea Maori Tribal Authorities on rural industry and work trusts. Mr T. A. F. Withers J.P. Secretary (Former Registrar of the High Court) Mr John Paerata M.A.(Hons) Research Officer To the Hon. Geoffrey Palmer MINISTER OF JUSTICE. Dear Minister, We, the members of the Committee of Inquiry into Violence, have the honour to submit for \lour consideration our report which you requested by 1 March 1987. Yours sincerely, C. M. Roper, Chairman M. R. D. Guest, Member A. Tia, Member A. P. McGeorge, Member B. Diamond, Member N. Perry, Member 3 5ig (' ---~------~- TABLE OF CONTENTS Page INTRODUCTION (Terms of Reference) 9 The CondOt.l of the Inquiry 9 The Newspaper Coupons 11 The Committee's Approach 12 Main Areas of Public Concern 13 The Definition of Violence 14 The Unpalatable Truth 15 SUMMARY OF RECOMMENDATIONS 19 PREVIOUS REPORTS ON VIOLENCE 29 1979 Select Committee on Violent Offending 29 1981 Committee on Gangs 31 Penal Policy Review Committee 35 THE PSYCHOLOGY OF THE VIOLENT OFFENDER 37 THE MAORI PERSPECTIVE 41 Introduction 41 The Incidence of Maori Offending 41 Relevant History 42 Tribal Identity 43 The Remedy 45 The Judicial System 46 ALCOHOL 49 IntroJuction 49 The Availability of Alcohol 50 Minimum Age 50 Opening Hours 51 Extended Outlets 52 Hotels and their Problems 53 Abolition of the Public Bar 53 Application of The Trespass Act 54 Size of Bars 54 Advertising of Liquor 55 ADVERTISING 57 A CRIME COMMISSION 59 DRUGS AND SOLVENT ABUSE 61 DIET 65 EDUCATION 69 Introduction 69 The Role of the Teacher 70 The Importance of the Home to a School Child 70 Community Involvement 70 Pre-school Education 71 Reading Recovery Programmes 72 Taha Maori 73 Peace Studies 74 5 ---- --~------------ Page Education in Parenting Skills and Health 74 Specialist Services 76 School-based Transition Courses 78 Adult Education 79 Religious Education 80 Corporal Punishment in Schools 80 Truancy 81 FIREARMS AND OFFENSIVE WEAPONS 83 GANGS 87 Previous Reports on Gangs 87 The Police Department's Submission 88 Gang HOLises 91 The Media 93 HOME AND FAMilY 95 Internal Causes of Violence 95 External Causes of Violence 96 Incidence of Family Violence 96 Characteristics of Violent Families 98 Legislation 101 NAPIER PilOT CITY TRUST 105 POLICE 107 Police Establishment 107 Community Police 108 Neighbourhood and Rural Support Groups 109 Police Facilities 109 Police Tactics 109 Ethnic Insensitivity 111 Discretion in Prosecuting 112 PRISON AND COMMUNITY SERVICES 115 Community Services 115 Prison Services 116 The Mentally Abnormal Offender 118 Prison Officer Training 119 Through-care and After-care 119 SENTENCING AND ALUED MA HERS 121 Capital Punishment 121 Corporal Punishment 122 Mandatory Minimum Sentences 123 The Court's Role in Sentencing 123 The Short Sentence 124 Cumulative and Concurrent Sentences 125 Recidivism 125 Parole 126 Bail 126 Priority Hearing for Violent Offending 127 Prison Conditions 128 Miscellaneous Matters 128 6 Page TELEVISION VIOLENCE 131 VIDEO VIOLENCE 135 UNEMPLOYMENT 137 VIOLENCE IN SPORT 141 VICTIMS 143 Introduction 143 Police Training 144 Involvement in Judicial Process 145 Victims Needs 147 The Dimension of Risk 148 STATISTICS 149 ORGANISATIONS AND PERSONS WHO MADE WRITTEN SUBMISSIONS TO THE COMMITTEE (Supplemented by Oral Submissions at Public Hearings in Some Cases) AND ORGANISATIONS AND PERSONS WHO MADE ORAL SUBMISSIONS ONLY 157 7 INTRODUCTION TERMS OF REFERENCE On 28 April 1986 the Minister of justice, the Hon. Geoffrey Palmer, announced the details of an Inquiry into Violence to be undertaken by a Committee consisting of Sir Clinton Roper (Chairman), Mr M. R. D. Guest, Mrs A. Tia, Dr A. P. McGeorge and Mrs B. E. Diamond. The Committee was to report its findings by 31 October 1986. The following are the terms of reference: To report to the Minister of justice by 31 October 1986 on practical steps which could be taken to reduce the incidence of violence and violent crime in the community. In particular the Committee will: (a) examine the incidence of violence and violent crime (b) identify aspects of society which may contribute to violent behaviour (c) isolate areas which may require more extensive investigations, and (d) recommend specific steps which may be taken by the Government and people to combat the problem. The Committee was directed "to invite submissions from interested individuals and groups and consult as it judges to be appropriate". The time for reporting was subsequently extended to 1 March 1987. THE CONDUCT OF THE INQUIRY On 1 May the Committee caused an advertisement to be placed in major newspapers throughout New Zealand. After setting out the terms of reference it read: "The Committee which is not a formal Commission or Committee of Inquiry is anxious to hear from any person or organisation wishing to submit views related to the task given to the Committee. The Committee will consider the submissions sent to it and will then decide on Public Hearings during which an opportunity will be given to elaborate on any submissions where the Committee considers this necessary or where the organisa­ tion or person requests that it make further submissions before the Committee. The Committee may also require those who made submissions to appear for questioning by the Committee. The Committee has noted the very worthwhile submissions made to the 1979 Select Committee on violent offending. The Committee is particularly interested in receiving submissions which update the submissions made before the Select Com­ mittee, or which are directed towards practical suggestions to prevent the inci­ dence of violence and violent crime. The Committee will decide after the date for making submissions has passed what public meetings it will hold and those from whom it wishes to hear further. It is likely that the Committee will meet in Auckland, Wellington, Christchurch and Dunedin although it may con5ider meetings in other locations." The advertisement called for submissions to be made by 10 june and it was soon apparent that the mode of advertising had been inadequate in that the notice appeared in "Public Notices", which are not widely read, and the time for making submissions too short. 9 By the end of May fewer than 100 submissions had been received and it was only the Minister's public announcement of his disappointment at the response, and an extension of the date to which submissions would be received, that ensured the success of the Inquiry at least in the sense that the Committee has now been provided with all the information and help it could possibly require. By the end of the extended period for making submissions, 1330 written submissions were received from the individuals and organisations named at the end of this report. These were supplemented by "newspaper coupons" (referred to in more detail later), two petitions bearing some 13,000 signatures and oral submissions made at public hearings and Maraes. The result was a mass of informative material which will be invaluable for later more intensive study. The Committee wishes to acknowledge with gratitude, that its task would have been impos­ sib!e but for the dedicated and painstaking work carried out by its Secretary, Mr Withers, its Research Officer, Mr Paerata and its word processor operator, Felicia Hass. In announcing the Inquiry the Minister said "the level of concern felt about the incidence of violent crime was such that measures which could be taken had to be taken". The massive response by individuals and organisations indicates clearly the full measure of that concern, which, if the report of the 1979 Select Committee on Violent Offending is any guide, has grown alarmingly over the years. In that report the Select Committee said-JlEvidence of public concern at the violence in this country is found in the 155 submissions made by individuals and groups to the Committee." The submission from the Justice Department indicates that there is real cause for the public's conc~rn. In the last ten years convictions for violent offending have increased by 49% compared with an increase of 16% in non-violent offending. It is estimated that over that period manslaughter has increased by 234%, robbery and aggravated robbery by 229% and 174% respectively, and murder by approximately 115%.