State Regulation of Sexuality in New Zealand 1880-1925 A Thesis submitted in fulfilment of the requirements for the Degree of Doctor of Philosophy in History in the University of Canterbury by T.e. Tulloch University of Canterbury 1997 1 CONTENTS List of Tables 11 Abbreviations iii Preface IV Abstract VI Introduction 1 Chapter 1. Regulating Sexuality: 16 The Rise of the Interventionist State Chapter 2. Adultery, Insanity and Divorce: 40 Challenging the Sanctity of Marriage Chapter 3. In-laws and Incest: 96 Redefining the Prohibited Degrees of Marriage Chapter 4. Depraved Minds, Horrible Habits and Vile Productions: 134 Sex and Censorship Chapter S. Principles and Pragmatism: 188 Prostitution and Venereal Disease Chapter 6. Protection and Control: 247 Sex, Youth and the State Chapter 7. Beyond the Pale: 297 'Degenerates', 'Perverts' and the State Conclusion 348 Appendix I Chronology of Legislation 359 Appendix II Legislative Council: Vote Correlations 364 Appendix ill House of Representatives: Vote Correlations 369 Bibliography 371 ii LIST OF TABLES Table 1. Legislative Council 215 Contagious Diseases Act, Women's Suffrage Voting Patterns Table 2. Legislative Council Appointees 216 Contagious Diseases Act Voting Patterns Table 3. Legislative Councillors' Occupations 217 Table 4. Legislative Council 263 Contagious Diseases Act, Age of. Consent Votes Table 5. Legislative Council 265 Age of Consent, Women's Suffrage Votes Table 6. House of Representatives 265 Age of Consent, Women's Suffrage Votes Table 7. Legislative Council 282 Contagious Diseases Act, Young Persons' Protection Bill Votes Table 8. DIegitimate Births 1910-1915 292 iii ABBREVIATIONS AJHR Appendices to the Journals of the House of Representatives AMIL Auckland Museum and Institute Library ATL Alexander Turnbull Library CNZ Cyclopedia of New Zealand DNZB Dictionary of New Zealand Biography ENZ Encyclopedia of New Zealand lCW International Council of Women MHR Member of the House of Representatives MLC Member of the Legislative Council NA National Archives (Wellington) NCW National Council of Women NZJH New Zealand Journal of History NZMJ New Zealand Medical Journal NZPD New Zealand Parliamentary Debates NZPR New Zealand Parliamentary Record NZSPWC New Zealand Society for the Protection of Women and Children WCTU Women's Christian Temperance Union iv PREFACE I initially envisaged that this thesis would analyse the state regulation of sexuality in New Zealand through an examination of national legislation, Government Department initiatives and local council regulations. Jeffrey Weeks' Sex, Politics and Society, provided the inspiration for the project and seemed a suitable model to follow.' However, such a task was clearly beyond the scope of a doctoral thesis and the topic was consequently restricted to an analysis of legislative developments. The result is an examination of the interweaving of feminist, social purity, patriarchal, secularist and medical/scientific discourses on the battlefield of late nineteenth and early twentieth-century sexual legislation. The New Zealand ParliamentGlY Debates have provided much of the source material for this study. Records of the major organisations which spoke on sex issues in this period supplied valuable supplementary material. Records from the Women's Christian Temperance Union, the National Council of Women, the Auckland and Wellington Societies for the Protection of Women and Children and the New Zealand Medical Association have proved particularly valuable sources of information. The support provided by a range of institutions and individuals greatly assisted the research and writing of this thesis. The University of Canterbury and the History Department provided much appreciated financial support. The University'S Doctoral Scholarship covered my living costs and Departmental conference, research and travel grants enabled me to undertake research and engage in debates with other historians outside Christchurch. I am greatly indebted to the Department for the use of an office for the last few years and for the Jeffrey Weeks, Sex, Politics and Society: The Regulation of Sexuality since 1800 (LondonlNew York: Longman, 1994) v encouragement, support and interest shown in my work by members of staff: in particular, Luke Trainor, Graeme Dunstall, David McIntyre, John Cookson, Marie Peters, Vincent Orange and Ian Campbell. The helpfulness of the secretarial staff - Judy Robertson, Pauline Wedlake and Rosemary Russo - on a myriad of administrative and technical details has been very much appreciated. Help given by staff in the following libraries and archives made the research process much less daunting than might otherwise have been the case: the Macmillan Brown Library, University of Canterbury; the Hocken Library, University of Otago; the Otago Medical School Library; the Auckland Institute and Museum Library; the Alexander Turnbull Library and National Archives (Wellington). I am very grateful for the companionship and stimulating conversation provided by fellow postgraduates and research assistants in the History Department. The friendship and support offered by Rosemary Goodyear, Tim Cooper, Adam Claasen, Jean Sharfe, Jo Aitken and Joel Hayward considerably alleviated the stresses and strains associated with writing a thesis. Morning tea debates over history, politics and a host of other subjects provided a welcome balance to my focus on my thesis. My family have, as ever, fully supported my efforts. Many thanks are due to my parents for accommodating me over the past year and to Stephanie and Allan for helping me to keep a sense of perspective in my life. A very special thankyou is due to David whose love, encouragement and patience has been a great source of strength. My greatest debts are owed to my supervisors, Philippa Mein Smith and Chris Connolly. Their belief in my abilities, their constant encouragement and their challenging of my work and thinking has considerably broadened my understanding of what it is to be a historian. Vl ABSTRACT This thesis examines the development of sex legislation in New Zealand between 1880 and 1925. It argues that legislative developments were largely shaped by patriarchal, feminist, social purity, secular and medical/scientific discourses. Chapter I examines the rise of the last four discourses and discusses the growth of the interventionist state. Analysis of changes to marriage laws in Chapters II (Divorce) and III (Incest and In-laws) reveal strong secularist and feminist influences. Secular, feminist and purity discourses converged on the question of equal grounds for divorce but diverged on the issue of further extension of the divorce law. Secularist discourse also intersected with medical/scientific discourse on divorce debates and debates over proposed changes to the prohibited degrees of marTiage. The rise of the medical profession and medical/scientific discourse is a strong theme in Chapters N (Censorship) and V (Prostitution and Venereal Disease). Strong links between purity and medical discourse are revealed in an analysis of New Zealand's censorship laws. However, major tensions between the discourses are apparent in debates over state regulation of prostitution and public health responses to venereal disease. Chapter VI (Sex, Youth and the State) explores the connections between late nineteenth-century childhood and feminist-purity discourses. Attempts to extend the age limits of childhood converged with feminist discourse to produce a mcUor campaign for a higher age of consent for girls. However, feminists' desire to protect girls from men's sexual advances led to more rigorous attempts to control the behaviour of the girls themselves. The controlling and coercive tendencies of early-twentieth century feminism are further developed in Chapter VII (,Degenerates', 'Perverts' and the State). Feminist discourse Vll converged with medical/scientific discourse to produce a new focus upon the 'feeble-minded' female sexual degenerate. Chapter VII also explores the impact of medical/scientific discourses on male sexual deviance. The medicalisation of homosexuality and child sexual abuse led to a reassessment of the best means of controlling or refOlming male sexual offenders. Ultimately it can be concluded that conflicting and converging discourses operating within a climate of major social, ideological and technological change transformed the state regulation of sexuality in New Zealand between 1880 and 1925. INTRODUCTION During debate in 1910 over the Indecent Publications Bill the Attorney-General, Dr lG. Findlay, declared: It has ... been increasingly felt both in New Zealand and elsewhere that the limits of true liberty must be prescribed by the intelligent moral sense of the community as a whole, and that what shocks or violates that intelligent moral sense shall not be permitted in any British community. We have long since seen the necessity for legislating, and legislating with considerable rigour, against what degrades or enfeebles the physical health of our people, and the time has come when we must do as much to protect the moral health of our people. I Throughout the period 1880 to 1925 legislators and reformers debating changes to New Zealand's sex laws juggled the twin issues of moral and physical health alongside questions concerning personal liberty and the State's right to intervene in the private lives of the public. Increased state regulation of sexuality owed much to early concerns about the physical health of the population. However, from the very