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Report of the Special Committee on Moral Delinquency in Children and Adolescents - The Mazengarb Report (1954)
by Oswald Chettle Mazengarb et al.
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But what is the root cause of this failure or inability on the part of present-day parents? This is an aspect of its assignment to which the Committee has paid great attention.

It should be made quite plain that the Committee does not subscribe to the view that the sexual immorality which has recently been brought to notice is entirely of the pattern which prevailed in former generations. Nor can the Committee be content with platitudinous recommendations as to how this immorality among young persons may be kept in check within the existing processes of the law. It is the view of the Committee that during the past few decades there have been changes in certain aspects of family life throughout the English-speaking world leading to a decline in morality as it has generally been understood. A remedy must be found before this decline leads to the decay of the family itself as the centre and core of our national life and culture.

(2) The Place of the Family in the Legal System

The emphasis which the Committee places upon this section of its report calls for a statement of the place of the family in English law.

The family (meaning thereby the father, mother, and children) from time immemorial has had a definite and recognized status in our national life—a place which it has not always occupied or enjoyed in other cultures and other systems of law. There is in our culture an air of sanctity about the home where parents and children dwell. The rights of a parent against any intrusion into his family affairs have been expressed in such statements as "A man's house is his castle".

Our law of domestic relations centres upon the home. When the Legislature or the law-courts have interfered in the conduct of a home it has only been because one member of the family has failed to discharge the duties which an individual is required to perform towards other members of the family or towards society. Speaking generally, the rights and duties of individual members of the family have been preserved and enforced in our statute law. Illustrations are to be found in the Infants Act, the Destitute Persons Act, the Child Welfare Act, the Family Protection Act, and the Joint Family Homes Act.

The policy of English law is, and always has been, to keep the family together and to uphold the rights of parents. Those rights have correlative duties attaching to them. It is the failure of some parents to perform those duties which has now become a matter of grave concern.

The irony of the situation is that this slipping of parental responsibility has occurred contemporaneously with the granting of financial and other help to parents. Family allowances and State homes should be concomitants of an increased sense of responsibility. Despite all that the State has done, and is doing, for families, the moral standards of the community have somehow been undermined. Is this because of a general lowering of the moral standards of adults? Is the attitude of children towards sexual matters a direct reflection of the thoughts and conduct of their elders? To borrow the words of a Jewish proverb "the apple never falls far from the tree". It has been firmly urged upon the Committee that there has been a "breakdown of the moral order and moral standards". That may be putting the matter too strongly, but there can be no denying the fact that the sanctions of morality today are not as strong as they were, say, forty or fifty years ago.

(3) The Sanctions of Religion and Morality in Family Life

Up till early in this century the chief sanctions operating in society were those dictated either by religion or by wisdom and past experience, i.e., religious sanctions and moral sanctions. The standard of religious morality is that which is prescribed in the Bible, interpreted perhaps in different ways by different denominations at different times. The standard of conventional morality is that which has been handed down from generation to generation. There have at times been differences between the religious standard and the conventional standard. For instance, the Church has always reprobated adultery, but even as late as the nineteenth century society accepted, without very much concern, the conduct of a man who had both a legal wife and a mistress. Despite those occasional differences between the religious standard and the conventional standard, our system of morals has been based on the standards of Christianity.

(4) The Moral Drift

During last century it was strongly urged by some scientists that a religion based on faith was untenable. Man, it was contended, should accept only what could be proved by reasoning from observed facts. Once again there emerged, particularly in scientific and literary circles, the belief that there could be a code of morals entirely devoid of religious content.

This intellectual standpoint helped to undermine the authority of the churches. The views of the scientists were not the cause of, but undoubtedly did accelerate, the drift from organized religion.

There is evidence of the effects of beliefs developed during the present century in another field of learning, that of psychology. On the one hand, it is held that there was in former days suppression of the natural development of human personality and, on the other, that a great deal of misery has been caused by feelings of guilt. Ill health, even mental illness, has been attributed to these two factors.

Between the two world wars much of the material of the new psychologists began to drift into circulation in so-called popular editions. Doubtless much of the writing was from reputable sources, but the new views, good in origin, began to suffer as had religious faith in the past from poor exponents.

A desire for scientific accuracy is understandable, a wish to understand the working of the human mind wholly commendable, but many people whose loose behaviour was instinctive, rather than inspired, now had apologists for their conduct. The moral drift had become moral chaos.



XIV. Changing Times and Concepts

Since the beginning of the twentieth century the undermentioned aspects of a changed social order have become evident. It is not within the province of this Committee to make an appraisal of the tenets implicit in any of them. Ecclesiastics may preach against the sins involved; opposition may arise to the philosophy of education; commercial and professional interests may inveigh against the inroads of the State, but this Committee is concerned only in their effects on the sexual behaviour of young people whose habits and characters are being affected. It is now necessary to examine them.

(1) Contraceptives

Perhaps the first major shock to "respectable" society regarding sex was when it became known, soon after the beginning of the First World War, that the Army authorities were distributing "condoms" to troops about to go on leave. Probably this was the first recognition by the New Zealand Government of contraceptives. This decision by the Army was accepted by society, not without misgivings, on the basis that it was much more important to guard against the spread of venereal disease than to endeavour to enforce continence among the troops. Society was obliged to choose between two evils, and it chose what it regarded as the lesser. Contraceptives thereafter came into common use, are now purchased by a majority of married couples, and by many unmarried persons. Their acceptance by the married has posed some problems which have required the attention of the Courts in England. It was not foreseen, when they came into use, that questions would arise as to the validity of certain marriages where one party used contraceptives to avoid having children.

The Committee has found a strong public demand that contraceptives should not be allowed to get into the hands of children and adolescents. Whatever views may be held concerning the use of contraceptives by older people (married or unmarried) no responsible father or mother would countenance their possession by their young sons and daughters.

The Committee is unanimous that adolescents should not buy or have contraceptives in their possession.

(2) The Broadening of the Divorce Laws

The subject of divorce was very fully discussed in the Houses of Parliament in England, in New Zealand, and elsewhere after the First World War.

If parents are unable to live happy lives together or to become reconciled after differences have arisen, the interests of the children may be improved, or may be worsened, by a legal separation or a divorce. Tension in the home may be just as big a factor in the causation of delinquency as a divorce or separation of the spouses.

Juvenile delinquency in all its forms is frequently associated with homes where the marriage is broken either by a divorce, separation, or discord. It is not so much the separation as the tension which precedes and succeeds it that results in children getting out of control.

The matter is noted here solely because, if parents cannot agree together, they are less likely to discharge their duties to their children. Greater is the responsibility which rests upon them in these unhappy circumstances. If parents are unwilling to shoulder the extra burden caused by the break-down of their marriage, some action by the State may be required if it seems likely that children may suffer.

(3) Pre-marital Relations

One aspect of the moral drift is the number of people who entertain the nebulous idea that it is somehow not wrong to have pre-marital relations or to live together as man and wife without marriage.

Such a view is opposed to all the ideas of chastity which are inherent in our morality. Apart from that, an irregular sex relationship may be psychologically[6] disadvantageous.

However much adults may desire a good moral standard to be observed by children and adolescents, they have no right to expect it unless they conform to proper moral standards themselves.

(4) "Self-expression" in Children

Early in this century psychologists said that the repressive influences of early discipline were stultifying to the development of the child. They advocated that the child's personality would mature better if uninhibited. This has been interpreted by many people to mean that you should not use corrective measures in the upbringing of children and that their natural impulses must not be suppressed. Some of these people have even thought it wrong to say "No" to a child.

People brought up in this way have now become parents. It is difficult for them to adopt an attitude to their children which does not go to extremes either way. As a revolt against their own upbringing, they are either too firm in their control or too lax. Children brought up in both of these ways have been featured in the case notes of delinquent children placed before the Committee.

(5) Materialistic Concepts in Society

Education, medical and hospital treatment, industrial insurance, sickness and age benefits, and other things are all provided by the State, when the need arises, without direct charge upon the individual. The virtues of thrift and self-denial have been disappearing. Incentive does not have the place in our economy which it used to have. The tendency has been to turn to the State for the supply of all material needs. By encouraging parents to rely upon the State their sense of responsibility for the upbringing of their children has been diminished. The adolescent of today has been born into a world where things temporal, such as money values and costs, are discussed much more than spiritual things. The weekly "child's allowance" is regarded by some children as their own perquisite from the benevolent Government.

The dangers inherent in this materialistic view is that many young people who could profit from further education do not feel a sufficient inducement to continue study. They leave school too soon, and the broadening influences which could come from further education in the daytime, or the evenings, is lost to them. In the result, these young people, having too much interest in material things, and not enough in the things of the mind and the spirit, become a potential source of trouble in the community.

One suggestion made to the Committee was that saving and thrift should be encouraged, or that this might be enforced through the Children's Court in cases where it is found that offenders have fallen into criminal immorality through having more money than suffices to pay the reasonable necessaries of life. While the powers of the Children's Court might be extended or used for this purpose in extreme cases where adolescents are brought before the Court, the best help can come from wise action by parents to prevent their powers of direction and control being undermined through young persons having too much freedom and too many of the material things which are not necessary for their well-being.



XV. The Law and Morality

(1) History of the Law Regarding Morality

At no time in the history of the British Commonwealth have Parliaments or the law-courts endeavoured to impose a system or code of morality on the people. Men are not required by the governing powers to observe the moral law, any more than they are required to attend Divine worship. But Parliament, in the shaping of legislation, and the Judges in the administration of justice, have frequently had regard to that indefinable sense of right and wrong which becomes implanted in the human breast. Furthermore, the law, while not coercing any one into following a particular course of moral conduct, has, nevertheless, always been careful to restrain people from acting in such a way as may cause offence to those who do observe the principles of religion or of morality.

Offences against religion (for example, blasphemy and disturbing public worship), and offences against decency and morality (for example, indecent exposure, indecent publications, and prostitution) are strongly reprehended.

In determining what conduct on the part of an individual should be condemned the law has always endeavoured to maintain a balance between freedom of the individual and the rights of the community not to be harmed by the exercise of that freedom.

The law is not interested in sin, or even immorality, but it is vitally interested in the effects of them. A person may stay away from church, but he must not scoff at the Holy Scriptures. He may bathe in the nude, but not at a public beach or near where persons are passing. A human model may be posed for an artist, but must not be exhibited in a shop window.

One other feature of the law regarding morals is that there are some things which adults are not restrained from doing but which the law will not suffer to be done by minors. Common examples are found in the restraints which are imposed on children smoking, or entering upon premises open for "drinking" or betting.

Similarly, through reason and experience, the law has found it necessary to set some limits on the right of an individual to do what he likes with his own person. The community has an interest in the life of every citizen. More particularly may this be said to be so when the State spends much money on the education and health of the people. Suicide has always been wrongful; attempts at suicide are therefore punishable, partly because the State has an interest in maintaining human life, and partly because suicide is a result of sin and a breach of morality.

(2) Protection of Women and Girls from Defilement

At common law the woman was always regarded as the mistress of her own person. Consent was therefore a defence to a charge of rape. The Legislature subsequently interfered for the good of society and in the interests of morality by legislating against abortion, against soliciting for the purpose of prostitution, against the keeping of brothels, and against procuration for the purpose of carnal knowledge.

The next development of consequence in the law on this matter was in the Criminal Law Amendment Act of 1885 (England). This statute, which was subsequently followed in New Zealand, made it a criminal offence to have carnal knowledge of girls. The penalties were graded according to the ages of the girls involved.

As an indication of the seriousness with which the law, by successive stages, has regarded sexual offences it is convenient here to summarize the penalties set out in sections 212 et seq. of the Crimes Act (N.Z.).

Rape Imprisonment for life. Attempted rape Imprisonment for 10 years. Carnal knowledge of girl under 10 Imprisonment for life. Carnal knowledge of girl 10 to 11 years Imprisonment for 10 years. Attempted carnal knowledge of girl under 12 years Imprisonment for 7 years. Carnal knowledge of girl 12 to 16 years Imprisonment for 5 years. Indecent assault on female Imprisonment for 7 years.

The above are the maximum penalties. The modern tendency is to inflict much lesser punishment upon an offender, to grade the punishment having regard to such matters as the damage done, the past history of the offender, and the prospect of reform.

(3) Consent as a Defence

The consent of a girl under 12 years of age cannot be raised as a defence to any defilement charge.

But where the girl is over 12 and under 16 her consent may be raised as a defence if:

(a) The girl is older than or of the same age as the person charged; or

(b) It is made to appear to the jury that the accused is under the age of 21 and had reasonable cause to believe that the girl was of or over the age of 16 years.

The law on this point is not uniform throughout the Commonwealth. In Victoria the defence of consent is available only when the girl is older than, or of the same age as, the accused (vide Crimes Act 1928, Vict. 3664, sec. 45). The Committee has been officially informed that this law (most rigid when compared with the defence of consent available in this Dominion) has been working well since it was first enacted about fifty years ago.

In England the defence of consent is available to any accused under the age of 23 years, but only on the first occasion on which he is charged with the offence.

In an English case, R. v. Banks, (1916) 2 K.B. 621, this defence of consent was raised by a man who said that he had no idea that the girl was under the age of 16 and that he did not think about her age at all, but that she had the appearance of a girl of 16. The Court of Criminal Appeal held that he was properly convicted. On the other hand, the Court of Appeal in New Zealand in R. v. Perry and Pledger, (1920) N.Z.L.R. 21 (despite the argument of the Solicitor-General to the contrary), decided that, if in the eyes of the jury the girl might well be taken by an ordinary person to be of the age of 16, that would be evidence (not necessarily proof) of a reasonable cause for the belief that she was of that age. Hence it comes about that under our law it is not necessary for an accused person to go into the witness box or to call any evidence to show that the girl appeared to him to be over the age of consent. The nature of her clothing, red on her lips, the fact that she is said to smoke and drink, and evidence on other similar matters, enable a verdict of acquittal to be given.

(4) Weaknesses in the Law

(a) Operation of the Rule Regarding Age of Consent

The readiness of juries to acquit in cases of carnal knowledge of, or indecent assault upon, girls may be due to several facts, of which the following may be mentioned:

(i) The failure of the law to make it an offence for a sophisticated girl to entice a male into carnal knowledge of her.

(ii) The modern practice of not publishing the names of the girls involved.

(iii) The fact that the defence of consent is available to persons under 21 years of age is a factor making it more difficult to obtain a conviction when the person charged is over 21 years.

(b) Girls Not Liable for Permitting Indecency or Carnal Knowledge

The law has always been chivalrous to females. It is not an offence for them to allow to be done to themselves things which, when they are done, render the other party liable to heavy terms of imprisonment.

There is also a practical reason why the State has not legislated against females on this point, viz., the anticipated difficulty of obtaining convictions if the female, when called as a witness, is able to plead that she should not be required to testify lest by doing so she might incriminate herself. This practical objection, however, would lose all force, both as regards cases where the accused are under 21 years and those in which they are over 21 years, if the proposed offence by females were restricted to girls under 16 and thus triable in the Children's Court, and not by indictment. The judicial process in the Children's Court is, or can be, such a speedy process that the Crown would not be hampered in making its charge against the male in the ordinary Criminal Court by the possibility that the case would fail if the girl pleaded that she should not be required to answer questions.

(c) Girls Not Liable for "Indecent Assault" on Boys

It should also be made an offence punishable in the Children's Court for any girl to indecently assault a male.

Under section 208 of the Crimes Act every person, male or female (including a boy under 14 years of age), may be convicted and sentenced to seven years imprisonment for an indecent assault on a female. Under section 154 a male may be sentenced to ten years imprisonment for an indecent assault on a male (consent is not a a defence); but a female cannot be convicted of "indecent assault" on a male if he permitted the act.

This anomaly may have arisen because, in ancient times and, later, when the criminal law was set out in statutory form, it was not considered likely that females would descend to conduct which would entice males into the commission of one of these offences.

Having regard to the evidence before the Committee that many boys have been tempted and encouraged into sexual crime by the indecent conduct of girls themselves, in picture theatres and elsewhere, the time has arrived when boys should be protected by letting the girls know that they too commit an offence when they act towards boys in an indecent manner.

(5) Proposed Reforms

(a) It should be made an offence punishable in the Children's Court for a girl whose age is under 16 years to permit a person to have carnal knowledge of her or to handle her indecently.

(b) It should also be made an offence punishable in the Children's Court for any girl to indecently assault a male.

(c) Consideration should also be given to the desirability of amending sections 208 and 216 of the Crimes Act and section 203 of the Justices of the Peace Act. There are three courses which might be followed:

First, to allow the law to remain as it is.

Secondly, to strike out the proviso which permits this defence of consent to be raised in cases where the accused is under 21 years and older than the girl.

Thirdly, to alter the wording of the provision regarding age of consent from—

" ... it is made to appear ... that the accused was under 21 and had reasonable cause to believe that the girl was of or over the age of 16."

to—

" ... if the accused (being a person under the age of 21 years) took all reasonable steps to ascertain that the girl was of or over the age of 16 years and did as a result thereof believe that she was of or over the age of 16 years."

Any legislation such as is suggested in this subheading would involve an amendment of the Crimes Act and not merely an amendment of the Child Welfare Act. The Committee therefore suggests to the Government that further information be obtained as to how the law regarding "age of consent" is operating in other jurisdictions and that the information so obtained be submitted to the Law Revision Committee for its consideration.



XVI. Child Welfare in New Zealand

(1) History of Legislation

In order the better to understand the limits and extent of the powers under the Child Welfare Act, and how these powers are capable of improvement and extension, it is desirable to set out briefly the history of the law pertaining to institutions and homes established in New Zealand for children in need of care or correction.

The first provisions were contained in the Neglected and Criminal Children Act 1867. This statute provided that boys and girls under fifteen years of age could be committed to industrial schools or reformatories for periods up to seven years. In 1873 the Master of any Industrial School established under the Act became in loco parentis to children of parents who, because of their criminal and dissolute habits, were unfit to have the guardianship of their children.

In 1874 a Naval Training Schools Act was passed under which boys of 10 to 14 years of age, convicted by magistrates for reasons varying from vagrancy to bad associations, could be detained in naval training schools or on training ships and apprenticed to the sea.

In 1882 the Industrial Schools Act was passed making better provision for the control, maintenance, education, and training of children under the apparent age of fifteen years who were found to be destitute, neglected, uncontrollable, living in a detrimental environment, or associating with persons of ill repute, and also for children who had committed offences against the law. Prior to the passing of this Act several homes, orphanages, and schools had been established in various parts of the Colony by religious organizations and benevolent societies. They received financial aid out of a vote for charitable institutions administered by the Colonial Secretary.

The Private Industrial Schools Act of 1900 was introduced as a result of public resentment against the treatment of boys in a private school. For the protection of inmates a right of inspection of these private schools was given to Judges, Members of Parliament, and other named persons.

The Industrial Schools Act of 1908 was mainly a consolidation of the law up to that time but the age of children subject to the Act was increased to 16 years.

The Child Welfare Act of 1925 and the amending Act of 1927 made substantial changes in the attitude of the State towards children who had erred. They gave legislative expression to a new world-wide desire for a more scientific approach to the social problem of dealing with children who had manifested anti-social tendencies.

The new features provided for in these Acts were:

(a) A special branch (later renamed a Division) of the Department of Education to be known as the "Child Welfare Branch" was established. The Branch or Division consisted of the Superintendent of Child Welfare, who, under the control of the Minister and the Director of Education, was charged with the administration of the Act; a Deputy Superintendent; and such Welfare Officers, managers, etc., as might be required.

(b) Power was taken for the creation of Children's Courts.

(2) The Children's Court

The idea of treating children who misbehaved as "delinquents" rather than as offenders against the law arose in Illinois in 1899. This experiment in social welfare was followed in other States of America, and the principle was introduced into New Zealand in 1925.

There has been, and still is, much misunderstanding concerning the procedure in these Children's Courts and the duties of Welfare Officers. As some recommendations about to be made by this Committee could not be properly appreciated without a knowledge of the procedure of that Court, and the way in which Welfare Officers perform their duties, it is desirable to make the following brief explanation:

Under the Act of 1925 it is the parent and not the child, who is summoned to appear before the Children's Court. Section 13 (1) of the Act reads:

On the complaint of any constable or of any Child Welfare Officer that any child is a neglected, indigent, or delinquent child, or is not under proper control, or is living in an environment detrimental to its physical or moral well-being, any Justice may issue his summons addressed to any person having the custody of the child requiring him to appear before a Children's Court at a time to be named in the summons, either with or without the child, in order that the child may be dealt with in accordance with the provisions of this Act.

This new feature in our law did not displace the jurisdiction of Magistrates to deal with offences charged against young persons. Any doubt regarding the continuance of their powers was removed by the passing of the Child Welfare Amendment Act of 1927. All offences by children (except murder and manslaughter) are therefore still dealt with by a Magistrate, but in the Children's Court. In other words, it is not at present mandatory upon a parent to attend the Children's Court when a child is charged.

In practice it is frequently found that the parent comes to Court with a child who is charged with a breach of the law. This may be due to a family interest; it may be due to a direction by a Magistrate in some district that he will not deal with a child in the absence of the parent; it may be due to a misunderstanding of the law that, because a parent is summoned for having a delinquent child and may be required to bring the child with him, therefore when the child is summoned the parent must also attend.

This distinction between summoning the parent of a delinquent child to the Children's Court and bringing an offending child up on an offence can best be illustrated by what happened in the cases of carnal knowledge and indecent assault which were brought prominently to the notice of the public recently.

The offending boys were charged under those sections of the Crimes Act which prescribed maximum penalties of five or seven years imprisonment. In most cases convictions were recorded and the boys were admonished and discharged; in a few cases the charges were dismissed; in other cases the boys were committed to the care of the Superintendent or placed under the supervision of a Child Welfare Officer.

The girls, not having committed a breach of the Crimes Act or any other statute, could not be charged. Their parents were, in appropriate cases, summoned to Court upon the complaint that they had the custody of a "delinquent", or a child not under proper control.

That the above distinction is not merely a formal one is shown by the fact that an offending boy's name, and the decision of the Court regarding him, is always recorded in the Police Gazette. As the girl is not charged as an offender her name is not so recorded, even although (as shown in Section V (2) of this report) it may have been the misbehaviour of the girl which led the boy into the commission of the offence charged against him.

When a sophisticated girl entices a boy into the commission of an offence it is anomalous[7] that his name should be recorded in the Police Gazette while the girl, who may be the real offender, is not charged and, even when the girl is committed to the care of the State, her offending is not recorded in the Police Gazette.

(3) Corporal Punishment Abolished

By the Statutes Amendment Act 1936 the power which formerly existed for the Court to order a whipping was abolished in so far as children are concerned. (The penalty of whipping was later abolished in all other cases by section 30 of the Crimes Amendment Act 1941.)

Representations have been made to this Committee that the abolition of corporal punishment as a deterrent may have led to an increase in sexual misbehaviour. It was pointed out that parents and school teachers may resort to physical chastisement where thought desirable, and it was suggested that a Magistrate should have power to order a whipping in suitable cases.

There is, however, a big difference between a parent or teacher himself punishing by the cane or strap soon after the offence, and a Magistrate ordering a beating to be inflicted by a complete stranger at a later date.

The Committee, therefore, does not recommend the restoration of corporal punishment. It merely notes the matter here as part of the history of the law relating to child welfare and to show that the representations on this point have been considered.

(4) Defects in the Act and its Application

Several matters have come to the notice of the Committee during its investigations which prompt it respectfully to point out to the Government that the present statutory provisions are out-moded and that the time has arrived for a complete redrafting of the statute to remove anomalies and to suit the needs of the times.

The terms of the order of reference scarcely require the Committee to make detailed recommendations. It should suffice to point out certain respects in which the Act itself might be improved and a new meaning given to "child welfare" which might go a long way towards reducing the amount of juvenile delinquency.

(a) "Child Welfare" a Misnomer

The preamble to the Act of 1925 describes the limited nature of its intention. It is:

An Act to make Better Provision with respect to the Maintenance, Care, and Control of Children who are specially under the Protection of the State; and to provide generally for the Protection and Training of Indigent, Neglected, or Delinquent Children.

In other words, the Act aimed at dealing with children after they have become delinquents. The new provisions for the welfare of children were grafted on to statutes which were designed for "neglected" and "criminal" children and for the establishment of "industrial schools". The Act did not purport to have regard for the welfare of children who might become delinquent. It did not contain any provisions for the doing of preventive work. That being so, it is not surprising to find that it operates in different ways in different districts. The Committee was impressed by the preventive work done in some districts, although the officers doing this work were unable to point to any provisions in the Act which required them to do it. In these circumstances it is not possible to blame any Child Welfare Officer for failing to do preventive work which, under the statute, he is not obliged, and, indeed, has no authority to perform.

(b) "Child Welfare" Merely a "Division"

The Superintendent of Child Welfare is under the control of the Minister of Education and the Director of Education. But his duties do not appear to be integrated with those of the Education Department. The work of the Division appears to be more associated with the police and the Courts than the Education Department. In former times "industrial schools" conveniently came under the Education Department. But nowadays, when very many of the children committed to the care of the State are boarded out among foster-parents, the work of the Child Welfare Division is more closely associated with that of "Justice" than "Education".

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 control of the Ministry for Social Welfare.

(c) No Regulations Under the Act

The Acts of 1925 and 1927 made provision for the gazetting of regulations. In particular, clause 45 of the 1925 Act contemplated regulations (inter alia) "regulating the appointment and prescribing the duties of Child Welfare Officers". After the lapse of twenty-nine years those duties have still not been defined and gazetted.

Furthermore, "Child Welfare Officers" are, under section 6, "officers of the Public Service". It is astounding, therefore, to hear that, year by year, "Honorary Child Welfare Officers" are appointed. The Committee has been informed that this year 179 people were appointed or reappointed as "honorary" officers, although there is no statutory authority for their appointment and their duties are not prescribed.

The Superintendent, in his evidence regarding honorary Welfare Officers stated: "Some of them have nominal office only. They have the name and that is all it amounts to". Such a position cannot be regarded as satisfactory. If any of them do perform useful functions (as to which no opinion can be here expressed) at least their duties should be defined. It is very easy (as happened a few weeks ago) for a person to pose as a Child Welfare Officer in such circumstances as pertain at present.

(d) No Special Selection of Magistrates

The Act contemplates (section 27 of 1925 and section 16 of 1927) that Magistrates shall be specially appointed to the Children's Court. In practice, however, all Magistrates have been given jurisdiction to sit in the Children's Court. As a result, the practice and procedure of the Court varies throughout the Dominion.

(e) Separate Court Buildings Not Used

The Act also contemplated that, when a Children's Court was established, it should not be held in an ordinary Court building. There is a provision that if a Court has not been established in any district the proceedings should be in a room other than the ordinary Court Room.

Serious complaints were made to the Committee that some children in the Hutt cases had to remain in the precincts of the Magistrate's Court at Lower Hutt awaiting an opportunity for the cases as regards them to be called. After the children and parents had waited about for a long time most of these cases were adjourned till another date, when again much the same sort of thing happened. One special purpose of the Children's Court was defeated by the fact that the Children's Court in that city was held in the ordinary Court building.

(f) Should Proceedings be Open to the Press

There may be reasons why a Children's Court should be open to the public even although the publication of names is prohibited. Under section 30 press reporters may not attend a sitting of the Children's Court unless "specially permitted or required by the Court to be present". It has often happened that a series of offences has created considerable apprehension in the public mind. On investigation they have been found to be due to the work of a gang or to the influence of some definite adverse factor in the community. 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. The Court should not be a completely secret chamber, the decisions of which have to be gathered by rumour or by the seeking of information through interviews away from the Court.

(g) No Follow-up Procedure

When children are placed "under supervision" there is not any procedure whereby reports are submitted to the Court or other body concerning their welfare or their doings. Again, when children are committed to the care of the State or are under supervision as a result of delinquency they may lawfully be transferred from one institution to another or may be boarded out in foster-homes without any intimation being made to their own parents. If a child is boarded out in another district it may be enrolled at a school without the principal being given such information as might enable him to be of assistance in its reclamation.

The Committee feels that there should be some person or body apart from the departmental officers to whom a child could turn for help if it is unhappy in its new surroundings or feels that it is not being properly treated.

(5) Changes Proposed

In the foregoing subsections it was sought to show how it came about that the statute itself is not a completely satisfactory one. Some of its provisions were adapted from earlier statutes which dealt with "neglected" and "criminal" children, and "industrial schools".

In the course of the history of the legislation the age of a "child" has been progressively raised from 14 to 15, to 16, to 17, and to 18 years. Many of those dealt with would scorn to be regarded as "children" in the outside world, but they are glad to have the advantages accruing from being dealt with in a Children's Court.

It is pleasing to know that some officers of the Division are concentrating upon preventive work, but just where, and how such work is being done, and the effect of it cannot be measured.

The Committee makes the following recommendations for amendments to the existing legislation:

(a) The Creation of a New Offence under which children of either sex who are guilty of indecent behaviour may be charged as "delinquents" in lieu of the present procedure under which the boy must necessarily be charged and gazetted as a criminal while the girl is not charged at all.

A suitable amending clause would be:

Every child shall be deemed to be a delinquent child within the meaning of the Principal Act who—

(i) Being a male, carnally knows or attempts to carnally know any female child under the age of sixteen years;

(ii) Being a female, incites or encourages a male to carnally know her and permits or suffers him to do so;

(iii) Indecently assaults any other child.

It shall not be a defence to an information or complaint under this section that any child consented to the act.

(b) The Attendance of Parents at a Children's Court Should be Made Compulsory: There is not at present any provision whereby the parents of a child who commits an offence must attend Court. The provision in section 13 (1) that the Justice may require the person having the custody of a "delinquent" child to attend, with or without the child, does not meet present needs.

The Committee therefore recommends the acceptance by the legislature of the following new provision:

In every case in which a complaint or information is laid against any child, or against the parent or guardian of a child, under section 13 of the principal Act, the Justice before whom the said complaint or information is laid shall issue his summons to at least one of the parents of the said child or to the guardian or other person having the custody of such child to appear before the Children's Court with the said child.

(c) The Court Should Have Power to Make Orders Against the Parents of Offending or Delinquent Children: Suitable clauses in this connection submitted for the consideration of the Government are:

(1) Where a child is charged with any offence for the commission of which a fine or costs may be imposed, if the Court is of the opinion that the case would be best met by the imposition of a fine or costs, whether with or without any other punishment or remedy provided by the principal Act, the Court may order that the whole or any part of the fine or costs awarded to the informant or complainant be paid by any parent or guardian of such child unless the Court is satisfied that such parent or guardian has not conduced to the commission of the offence by neglecting to exercise due care and control of the child.

(2) In the case of a child charged with any offence the Court may, in addition to or without entering a conviction against the child, order that the parent or guardian give security for the good behaviour of such child in the future for such period as to the Court may appear just and expedient.

(3) The Court may also in its discretion make an order directing that the children's benefit or family benefit payable to the parent or guardian in respect of such child by the Social Security Commission be suspended until the parent or guardian gives the security required by the preceding subsection hereof for such future further or other period as the Court may think fit or until the Court is assured that the said parent or guardian is exercising due care and control of the child.

(4) A copy of any order made in directing the suspension of the payment of any children's benefit or family benefit shall immediately be forwarded by the Court to the Social Security Commission.

(5) The Court may suspend the coming into force of any such order or may at any time terminate the period of suspension or revoke any order made by it, whereupon the Commission of Social Security may pay to the parent or guardian all such benefits or allowances as would have been payable but for the order of suspension from the date of the said suspension or from such other date as the Court may think fair and just.

(6) Nothing herein shall be deemed to effect or limit the powers vested in the Social Security Commission by sections 62 and 72 of the Social Security Act 1938.

(7) An order under this section may be made against a parent or guardian who, having been required to attend at the Court with the said child, has failed to do so, but, save as aforesaid, no such order shall be made without giving the parent or guardian an opportunity of being heard.

(8) A parent or guardian may appeal to the Supreme Court against any order made under this section.

(d) When Any Child is Expelled From School Notification of the Fact Should Immediately be Given to the Child Welfare Division: The following draft clause expresses what the Committee has in mind:

When any child under the school leaving age has been expelled from school for any reason or any other child has been suspended or expelled for immoral behaviour, it shall be the duty of the principal or the governing body of the school or other person (whichever has the power to suspend or expel), to inform the Superintendent of Child Welfare or the nearest Child Welfare Officer of the fact that the said child has been suspended or expelled from the school, and the said Superintendent or Child Welfare Officer shall immediately on receipt of such information take such action as may be proper or desirable in the interests of the said child.

(e) Whenever Any Child Has Been Found by the Court to Have Committed an Offence or to be a Delinquent Child or a Child Not Under Proper Control the Principal of the School Should be Informed: The suggested clause might read as follows:

Whenever any child has been found by the Court to have committed an offence or to be a delinquent child or a child not under proper control and is either a pupil of a school or is subsequently enrolled as a pupil it shall be the duty of the Superintendent of Child Welfare to inform the principal of such school of the nature of the offence and the circumstances which led to the delinquency in order that the principal may assist the said child and protect the other pupils of the school.

(f) That the Statute Should be Completely Redrafted and the Child Welfare Division Reorganized on an Autonomous Basis: In this redrafting and reorganization special regard should be had to:

(a) The precise duties expected of every Child Welfare Officer, whether he or she be a member of the Public Service or an "honorary Child Welfare Officer".

(b) The provision of Children's Court rooms away from the Magistrate's Court or the holding of sittings of the Children's Court on days when no other Court business is being conducted.

(c) The selection of Magistrates who are specially qualified to perform the duties required of a Justice of the Children's Court.

(d) The opening of proceedings to accredited representatives of the press, who should not, however, be permitted to publish the names of persons brought before the Court whether as offenders, parents, or witnesses, or any facts by which they may be identified.

(e) The taking of the opinion of a school principal on any recommendation affecting the future of one of his pupils.

(f) Provisions for a right of appeal from any decision of the Children's Court or from any decision of the Superintendent regarding any child.



XVII. Summary of Conclusions

1. Sexual immorality among juveniles has become a world-wide problem of increasing importance, but the great majority of the young people of this Dominion are healthy-minded and well-behaved.

2. As sexual immorality is generally clandestine, is often not criminal, and even when criminal may not be detected, there are not any statistics from which it can be shown whether, or to what extent, it has increased.

3. During recent years the pattern of sexual misbehaviour has changed: it has spread to younger groups; girls have become more precocious; immorality has been organized; the mental attitude of some boys and girls towards misconduct has altered; and there is evidence that homosexuality may be increasing.

4. The new pattern of juvenile immorality is uncertain in origin, insidious in growth, and has developed over a wide field.

5. Objectionable publications ought to be banned by establishing a system for the registration of distributors of certain printed matter. Urgent action is necessary so that publications now banned in other countries will not be dumped into this Dominion.

6. The absence of regulations necessary to make the Film Censor's recommendations effective deprives parents of the protection which the Legislature intended for them.

7. The possibility that children may hear radio programmes unsuitable for them calls for firmness and discretion on the part of parents and more care by the Broadcasting Service in arranging and timing programmes. Serials and recordings giving undue emphasis to crime or sex are not desirable, nor is the frequent repetition of recordings that are capable of misinterpretation, particularly in times like the present.

8. Advertisers should realize that the increasing emphasis on sex attraction is objectionable to some and, possibly, harmful to others.

9. Although television may not be introduced into New Zealand for some time, plans to cope with its effects on children should be made well in advance of its introduction.

10. There should be a closer bond between school and home. The system of visiting teachers should be expanded and as much liaison as possible established between them and public health nurses.

11. The evidence that the propinquity of boys and girls at co-educational schools contributed to sexual delinquency was not convincing.

12. The value of insisting upon all children remaining at school till they are 15 years of age should be further investigated. When the underlying cause for an application for exemption is misconduct, the exemption should only be granted subject to supervision by a Child Welfare Officer.

13. Whenever a pupil under the care or supervision of the Child Welfare Division is enrolled at a school the principal should be informed of any matters pertaining to the pupil which are within the knowledge of that Division. He should also be consulted as to any recommendation which it is proposed to make to the Court in respect of any of his pupils.

14. The school is not the proper place for fully instructing children about sex, although it may be a convenient place in which mothers and daughters together, fathers and sons together, or parents together, may listen to addresses or see appropriate films. This would help to break down some of the barriers of self-consciousness.

15. In the new housing settlements the younger age groups predominate. They are without the stabilizing influence of older people and established institutions.

16. The work of all organizations which aim at building character is warmly commended as they help to prevent children from becoming delinquent; but facilities for recreation and entertainment will not cure juvenile delinquency.

17. Liquor and gambling are symptomatic of some homes where there is child neglect. The Committee deprecates the growing practice of parents conniving at the consumption of liquor at young people's parties.

18. Tension in the household, separation of the parents, lack of training for parenthood, the absence of a parental sense of responsibility or poor discipline all help to create an unsatisfactory home environment; the child of such a home often feels unwanted or unloved. This unsatisfactory environment or feeling of being unloved is productive of much delinquency.

19. Nearly one-third of the delinquent children whose cases were considered came from homes where the mothers, possibly out of necessity, went out to work. Fathers themselves are also to blame when they neglect the opportunities available in the evenings or at the weekends to interest themselves in the welfare of their children.

20. The high wages paid to adolescents on leaving school are an important contributing factor especially when those youths have not been trained in the virtues of thrift and self-reliance.

21. In many of the cases investigated by the police the children have either been ignorant of the functions of sex or have too advanced a knowledge of its physical aspects. When, how, and by whom the information should be given is very important.

22. The present state of morals in the community has indicated the value of a religious faith, and of family religion. Encouragement should be given to the work of the New Zealand Council of Christian Education.

23. There has been a decline in certain aspects of family life because of a failure to appreciate the worth of religious and moral sanctions.

24. During the past forty years new concepts have entered into society. These concepts resulted from the unsettlement following two world wars. The changes were the increased use of contraceptives, the broadening of the divorce laws, an increase in pre-marital sexual relations, and the spread of new psychological ideas.

25. The Committee is unanimously of the opinion that adolescents should not buy or be in possession of contraceptives. There is, however, some difference of opinion as to how this decision could be made effective.

26. The state of the law regarding indecent conduct on the part of boys and girls operates very unfairly. Boys who admit this offence are charged in the Children's Court under sections of the Crimes Act for breach of which they are liable to terms of imprisonment of five to seven years. Their names and particulars of the offence are recorded in the Police Gazette. The girls (some of whom may have incited the boys to offend) cannot be charged; if they are brought before the Court at all, it is only when their parents are summoned for having delinquent children and their names are not gazetted.

27. The Child Welfare Act should be broadened to provide for the doing of preventive work. At present it provides only for the correction of children who have committed offences or who are delinquents. There are also grave weaknesses in this statute and in the whole procedure for dealing with offending and delinquent children.



XVIII. Recommendations

(1) Proposals for Legislation

(a) The definition of "obscene" and "indecent" in the statute law relating to printed and published matter should be enlarged so as to cover all productions which are harmful in that they place undue emphasis on sex, crime, or horror.

(b) All distributors of books, magazines, and periodical (other than newspapers and educational or scientific publications) should be required to register their names and the names of their various publications. If they offend against the proposed law regarding objectionable publications, their licences to produce or distribute should be cancelled.

(c) A new offence should be created whereunder boys and girls who are guilty of indecent conduct with one another should both be liable to be charged as delinquents in the Children's Court and the practice of recording the names of boys in the Police Gazette as having been summarily dealt with should cease.

(d) In all cases where children are summoned to Court their parents (if available) should be required to attend with them.

(e) The Court should have the power to require the parent or guardian of an offending or delinquent child to pay the fine or costs and to give security for the future good behaviour of the child unless the Court is satisfied that the conduct of the parent or guardian has not conduced to the child's wrong doing.

(f) The Court should also be given power to direct that the children's benefit or family benefit payable to any parent or guardian by the Social Security Commission be suspended until he gives the security required by the Court or for such further or other period as the Court may order. The material interests of the child should be preserved by enabling the Court to suspend the operation of the order, or to cancel it upon being satisfied that the parent or guardian has given the required security to exercise due care and control.

(g) Effect should be given to the recommendations regarding enrolment or expulsion of children as set out in Section XVI (5) (d) and (e) of this report.

(h) The Child Welfare Act should be completely recast in such a way as to remove the weaknesses indicated in this report and to suit modern needs. "Child welfare" should be given an autonomous status under the Minister of Social Welfare.

(2) Proposals for Administrative Action

The following outlines of administrative action are not dependent upon the amending of any Acts of Parliament such as were recommended above:

(a) Police Department

The training and duties of policewomen should be considered with a view to deciding the best method of dealing with girls involved in sexual offences.

(b) Department of Internal Affairs (Films)

To facilitate the practical working of film censorship steps should be taken to gazette the outstanding regulations empowered under the relevant Acts of 1934 and 1953.

(c) Broadcasting Service

It is suggested:

(i) That the service ensure that the concept "Crime must never pay" is more prominently featured in crime serials.

(ii) That a married woman be immediately appointed to the auditioning panel.

(d) Censoring Authorities

Any Departments concerned with censorship should maintain a liaison to produce as far as possible a uniform interpretation of public opinion and taste.

(e) Department of Education

(i) The Department of Education should discuss with the Department of Health the respective duties of public health nurses and visiting teachers to prevent overlapping and to ensure the best possible employment of these officers.

(ii) Following upon the conference outlined in the previous paragraph the appointment of additional visiting teachers should be accorded priority.

(iii) The Department should consider what type of officer is best suited to help with problem pupils in post-primary schools.

(iv) The Department should request that residences be set aside for some teachers in housing settlements.

(v) In areas where there is a lack of facilities for recreation and entertainment the Department should consider the possibility of making school grounds and buildings available to responsible organizations.

(f) Research into Juvenile Delinquency

A long-term project for the investigation of juvenile delinquency in all aspects should be undertaken.

(3) Parental Example

New laws, new regulations, and the prospect of stricter administration may help to allay the well-founded fears of many parents for the future of their children. It would, however, be a pity if parents were thereby led into any relaxation of their own efforts. Wise parenthood implies firm control and continual interest in the doings of sons and daughters. But what is most needed is that all people should, by right living and by the regularity of their own conduct, afford the best example for the conduct of the rising generation.



XIX. Appreciation

As a supplement to this report the Committee desires to place on record its thanks to all those who have assisted it in discharging its responsibilities.

The many organizations and witnesses who have expressed their views have been most helpful, and the Committee is also obliged to all those who have sent letters, books, and papers for consideration. The many press clippings of editorials, news articles, and letters to editors have enabled the Committee to obtain an understanding of public sentiment on various matters.

The heads of Government Departments have answered every inquiry for information which has been submitted to them.

The Public Service Commission has placed facilities at the disposal of the Committee and has released stenographers and typists from their ordinary duties to enable this report to be presented on the date fixed by the Committee early in its deliberations.

In particular, the Committee expresses its great appreciation of the manner in which Mr L.J. Greenberg has performed the secretarial duties. He has dealt with correspondence, and has shown a splendid sense of timing in arranging for the appearance of witnesses.



APPENDIX A

Table of Sexual Offences for Which Proceedings Were Taken in New Zealand

1920 1925 1930 1935 1940 1941 1942 1943 1944 Rape and attempted rape 11 16 16 19 12 6 22 40 34

Carnally knowing girls under 16 14 55 68 86 99 41 69 69 71

Attempts to carnally know girls under 16 7 9 8 14 15 6 5 5 2

Indecent assault: Females 63 98 107 122 153 113 171 105 134

Indecent assault: Males 12 47 38 46 103 104 118 68 61



1945 1946 1947 1948 1949 1950 1951 1952 1953 Rape and attempted rape 27 14 32 14 24 31 29 35 19

Carnally knowing girls under 16 59 73 66 61 82 90 81 106 109

Attempts to carnally know girls under 16 17 18 14 13 7 27 23 36 33

Indecent assault: Females 112 104 147 164 153 149 183 175 311

Indecent assault: Males 119 89 109 110 86 82 91 122 183



APPENDIX B

List of Witnesses, Submissions, and Order of Appearance

One hundred and forty-five (145) witnesses appeared before the Committee in Wellington, Christchurch, or Auckland, and 18 of these witnesses were recalled on one or more occasion.

(a) Witnesses

Witnesses are grouped as follows:

Government Officials

Departmental Heads: Broadcasting, Education, Police. Other Officers: Customs, Film Censor, Police (4), Superintendent of Child Welfare 10

Educational Authorities

New Zealand Council of Christian Education New Zealand Council of Education Research New Zealand Educational Institute (2) Professor of Social Science Director of Physical Education Tutor, Adult Education Director, Catholic Education Child Welfare Officers (5) Chairman, Board of Governors Principals (9) Inspectors (4) Visiting Teacher Federation of Parent Teachers Association 29

Welfare Organizations

Religious— Christian Endeavour Union Methodist Presbyterian (2) Roman Catholic (6) Salvation Army (8) 18 Other— Boy Scouts (2) Crichton Cobbers Club (2) Girls' Life Brigade Hutt Valley Youth Survey Nursery Play Centres (3) Orphanages (3) Sea Cadets (2) Youth Hostels (2) Y.M.C.A. (3) Y.W.C.A. (4) 23

Church Bodies

Inter-Church Council on Public Affairs (2) Hutt Valley Ministers Fraternal (4) Baptist Church of England Methodist Presbyterian (6) 15

Women's Organizations

Anglican Mothers' Union (2) Catholic Women's League National Council of Women (2) 5

Commercial Interests

Booksellers (3) Chemists' Guild Film Distributors and Exhibitors (7) Milk Bars (3) Newspaper Editor 15

Professional Societies

Christchurch Psychological Society (4) New Zealand Paediatric Society 5

Civic Leaders

Mayor, Lower Hutt 1

Sporting Bodies

Wellington Hockey Association 1

Miscellaneous Groups

Communist Party of New Zealand New Zealand Rationalists Association 2

Private Individuals 21

Total 145

(b) SUBMISSIONS

Practically all the above witnesses, jointly or severally, provided written submissions, and some provided more than one submission. In all there were 83 written submissions from 77 witnesses or groups of witnesses.

In addition, 120 submissions were received from individuals or organizations that did not appear before the Committee. Many other persons wrote to the Committee, and a large number supplied samples of publications containing material considered harmful.

Submissions may be grouped as follows:

(1) Those supplied by the witnesses whose names are marked with an asterisk (*) in the list showing the order of appearance.

(2) Those supplied by the 120 other individuals and organizations listed below.

Anglican Provincial Youth Council (J.C. Cottrel, Secretary), Auckland. Archibald, Jean K., Teacher's College, Ardmore. Arnold, Miss E.S., Children's Editress, Nelson Evening Mail, Nelson. Associated Booksellers of New Zealand (D.K. Carey, Secretary), Wellington. Associated Churches of Christ in New Zealand (Religious Education Department), Christchurch. Auckland Provincial Public Relations Office Inc. (George F. Gair), Auckland.

Bell, Gordon C., 6 Kohia Terrace, Auckland. Bennett, L., Lower Hutt. Blamires, Rev. E.O., 13 Lighthouse Road, Napier. Brewerton, N.V., Box 2192, Auckland. Brough, Miss Aileen, 68A Wrigley Street, Tauranga. Burns, J., 575 New North Road, Kingsland.

Caldwell, C.L., 9 Market Road, Auckland. Cane, Mrs C.M., 35 Waldegrave Street, Palmerston North. Carrington, Hon. C.J., P.O. Box 36, Tauranga. Catholic Youth Movement (Father Curnow), Christchurch. Child Welfare Officer (A.L. Rounthwaite), Whangarei. Child Welfare Officer (P. Goodwin), Chiropractic Health Institute Inc., Auckland. Christian and Co., Ltd., Devonport Road, Tauranga. Clark, T.J., 10 Church Road, Templeton, Christchurch. Clift, F.H. (Hon. Secretary, Wellington Headmasters' Association), Wellington. Cosgriff, P.B., 69 Hinau Street, Riccarton, Christchurch. Cousins, P.W., 4 Matai Road, Wellington.

de Lacy, T.J., Taihape. Dewar, G.E., 65 Rhodes Street, Waimate. Dobbie, Mary, 24 Patterson Street, Sandringham, Auckland. Donovan-Lock, Mrs A., 103 Wrigley Street West, Tauranga. Duffy, G., Hon. Secretary, Christchurch District Peace Council, 81 Gasson Street, Christchurch. Duffy. J.A., 67 Wellesley Road, Napier.

Edgar, M.R., Kaukapakapa (North Waitemata Circuit of the Methodist Church), Waitemata. Eisey, C.A., 400 South Road, Dunedin. Emmett, John D., Waikuku Beach, North Canterbury.

Faith, Mrs L.C., President, Catholic Women's League, "Fairview", Te Horo. Faram, Mrs T.C., 14 Portage Road East, Papatoetoe. Fere, Dr M., 113 Seaview Road, New Brighton. Feron, L.J. (and 32 other petitioners), No. 2 R.D., Governors Bay, Christchurch. Flint, E.W., West Coast Road, Oratia. Fottrell, C.P., 18 Devon Street, Wellington. Frost, Mrs A., "Truth" (N.Z.) Ltd., Wakefield Street, Wellington.

Graaf, Th. L.D., Beach Road, Otumoetai. Greenwood, Rev. F., 37 Charlotte Avenue, Wellington. Gilberd, D., No. 4 R.D., Whangarei. Gilbert, Miss G.M., 23 Reading Street, Wellington.

Hall, Miss B., 1A Apuka Street, Wellington. Hansen, Harold, Orini. Harris, E.L., 4 Riddiford Street, Wellington. van Harskamp, J., 22 Lombard Street, Greymouth. Hastings Housewives Union (Alva Hogg, Hon. Secretary), Hastings.

Jamieson, Miss C., National Council of Women, Manawatu Branch, 70 Albert Street, Palmerston North. Jebson, Mrs E.D., President, Methodist Ladies Guild, St. Paul's, London Street, Hamilton. Jessett, F.W., 5 London Terrace, Putaruru. Joblin, A.E.R., Headmaster, Hokowhitu School, Palmerston North. Jones, Ernest L., 1010 Taita Drive North, Lower Hutt. Jones, P.H., 31 Jollie Street, Christchurch.

Kennedy, Mrs M., No. 4 R.D., Morrinsville. Kidd, Mrs A.W., J.P., "Glenavon", Middlemarch. Knight, Brian, Brian Knight Clinic Psch., 124 Symonds Street, Auckland.

Lovell, W.P., Taupiri. Luekens, K.M., "Tuirangi", Auckland.

Mackie, Mrs H., 165 Grafton Road, Wellington. Macky, Mrs V., 144 Mountain Road, Auckland. Marsden, E.E., Box 150, Napier. Martin, C.G., 39 Union Street, Foxton. Martin, W.E., 7 Whitby Terrace (St. John Ambulance), Auckland. Methodist Central Mission (Rev. W.E. Falkingham, Superintendent), Christchurch. Michie, L.A., 28 Tautari Street, Auckland. McAven, J.S., 164 Long Drive, Auckland. McBride, Frances, 18 Gladstone Road, Auckland. McCaw, Mrs M., 11 Seddon Street, Timaru. McCool, Mrs M.M.T., Raukawa Road, Ashhurst. McDonald, A.P., Headmaster, Shannon School, Shannon. Mclver, Mrs I., Westney Road (2), Mangere. McLachlan, A.A., former Magistrate, 57 Brunswick Street, Lower Hutt. McLean, O.G., 5 Thames Street, Hamilton. McLevie, Rev. E.M., St. Barnabas' Vicarage, Wellington.

Neame, Mrs M.K., "Darwin", Maunganui Road, Mount Maunganui. Norris, Mrs E., 60 Melbourne Road, Wellington. North Canterbury Methodist Women's Guild Fellowship, Christchurch. North Shore Ladies' Representative Committee (Miss R.L. Muskett), Auckland. New Zealand Canoeing Association (D.J. Mason, President), Auckland. New Zealand Libraries Association (H.W.B. Bacon, President), Wellington. New Zealand National Party (Women's Division), Auckland. New Zealand Bible Testimony, Box 555, Palmerston North.

Palmerston North Headmasters' Association (L.M. Morine), Palmerston North. Poole, L.; 5 Curran Street, Auckland. Potts, Nora Cramond, 23 Towai Street, Auckland. Public Opinion and Gallup Polls (N.Z.) Ltd., Auckland.

Raeston, K., 68 Fitzherbert Street, Petone. Rallison, W., Post Office, Frankton. Reid, Mrs, "Reidhaven", Arrowtown. Ridder, E.H.C., Christchurch.

Salmond, W.R., Acting Session Clerk, Tasman Presbyterian Church, Upper Moutere. Scherer, Sister L.A., 216 Great North Road, Auckland. Seymour, Douglas, Box 79, Hamilton. Senior, Gerard, Chaplain, R.N.Z.N., H.M.N.Z.S. Black Prince, Auckland. Solway, R., 28 Opapa Street, Titahi Bay.

Taylor, Mrs G.E., 111 Upland Road, Wellington. Taylor, Miss J., "Melody Cottage", 156 Barnard Street, Wellington. Teasdel, W.J., 31 Waipapa Road, Wellington. Thompson, R.J., 89 Owens Road, Epsom, Auckland. Tole, J.G., 12 Seaview Road, Remuera, Auckland. Trio Publications (C.R. Dunford), Christchurch.

Venoe, Miss J.C., Francis Street, Blenheim.

Wanganui Girls' College Board of Governors, Wanganui. Waikato Justices of the Peace Association, Hamilton. Ward, Rev. N., Miller Memorial Congregational Church. 9 May Avenue, Napier. Warren, Rev. P.H., The Church of the Ascension, Auckland. Wells, Miss E., 175 Long Drive, Auckland. Wellington Diocesan Youth Council (Miss H. Sewell), Wellington. Werren, Rev. J.S., South Auckland Methodist Church, Hamilton. Western, Miss M., P.O. Box 382, Auckland. White, A.W., Principal, Technical High School, Stratford. Wilkes, T.G. (General Secretary, New Zealand National Party), Wellington. Williment, F., Wellington. Williams, G.T.P., 139 Eruera Street, Rotorua. Women's Christian Temperance Union (Mrs H.N. Toomer, Dominion President), Wellington.

Y.M.C.A. New Building Campaign Committee (Mr J.C. Bonham), Auckland. Youne, Mrs R.A., 4 Hackthorne Road, Christchurch.

(c) ORDER OF APPEARANCE OF WITNESSES

*Mr E.H. Compton, Commissioner of Police.

*Mr G.E. Peek, Superintendent of Child Welfare Division.

Mr F.T. Castle, President, Wellington Chemists' Guild.

*Senior Sergeant F.W. LeFort, Officer in Charge, Petone Police Station.

*Mr G.W. Parkyn, Director, New Zealand Council for Educational Research.

*Mr D.K.D. McGhie, Social Science Bursar, Chairman, Hutt Valley Youth Survey.

Mr E.W. Mills, Principal, Hutt Valley Memorial Technical College.

Dr C.E. Beeby, Director of Education.

*Mr E.S. Gale, Assistant Comptroller of Customs.

*Mr B.C. Penney, President, New Zealand Educational Institute.

Mr G.R. Ashbridge, Secretary, New Zealand Educational Institute.

*Mr J. Ferguson, District Child Welfare Officer, Wellington.

*Mr G. Mirams, Film Censor, Wellington.

Mr G. Briggs, National Secretary New Zealand Y.M.C.A.

Mr A.L. Lummis, Elbes Milk Bar, Lower Hutt.

Mr L.F. Elbe, Elbes Milk Bar, Lower Hutt.

Mr W.L. Ellingham, Elbes Milk Bar, Lower Hutt.

*Rev. R.S. Anderson, Presbyterian Church, Naenae.

Mr J.D. Murray, Presbyterian, Church, Naenae.

Mr M. Buist, Presbyterian Church, Naenae.

Mrs J.B. Christensen, Former member of the Senate Sub-committee to Investigate Juvenile Delinquency in United States of America.

*Mrs R. Wolfe, Private Citizen, Lower Hutt.

Mrs S. Smith, Private Citizen, Lower Hutt.

Mr W.B. Davy, Private Citizen, Lower Hutt.

*Father D.P. O'Neill, Director of Catholic Social Services.

*Miss E. Newton (Former Teacher), Wanganui.

*Miss H. Kirkwood, Post-primary Inspector of Schools.

Mr W. Yates, Director of Broadcasting.

*Mr K.G. Gibson, Commissioner of Boy Scouts' Association.

Mr R.E. Glensor, Dominion Secretary of Boy Scouts' Association.

*Mr H.T. Robinson, Private Citizen (Technician, Dominion Physical Laboratories).

*Mr R.A. Loe, General Manager, Gordon and Gotch Ltd.

*Mr J.K. Torbit, Private Citizen, Khandallah.

*Mrs Birchfield, Communist Party of New Zealand.

*Rev. M.A. McDowell, Hutt Valley Ministers Fraternal.

Rev. G.E. Dallard, Hutt Valley Ministers Fraternal.

Rev. C.W.R. Madill, Hutt Valley Ministers Fraternal.

Rev. Mr Hartford, Hutt Valley Ministers Fraternal.

*Mr F.S. Ramson, Principal, Hutt Valley High School.

Mr R.A. Usmar, New Zealand Motion Picture Exhibitors' Association.

Mr H. Taylor, New Zealand Motion Picture Exhibitors' Association.

Mr N. Hayward, New Zealand Motion Picture Exhibitors' Association.

Mr N.E. Wrighton, New Zealand Motion Picture Exhibitors' Association.

Miss C. Conway, Catholic Youth Movement.

*Father Fouhy, Catholic Youth Movement.

Mr T. Fox. Catholic Youth Movement.

Professor W.G. Minn, Chair of Social Science, Victoria University College.

Mrs A.M. Richardson } President and Programme Secretary, National Miss A.M. Blakey } Y.W.C.A. of New Zealand.

*Mr T.H. Whitwell, Senior Inspector of Schools, Wellington.

*Miss R. Reilly, Visiting Teacher, Wellington Education Board.

*Rev. J. Grocott, New Zealand Inter-Church Council on Public Affairs and New Zealand Council of Christian Education.

Rev. D.M. Williams, New Zealand Inter-Church Council Public Questions Committee.

Rev. M.J. Savage, New Zealand Inter-Church Council Public Questions Committee.

*Mr. W. Olphert, Sea Cadets.

Mr. R. Sanders, Sea Cadets.

Miss J.W. Whitton, Former Police Woman.

*Rev. A.J. Johnson, Senior Youth Director, Methodist Church of New Zealand.

*Mr G.A. Pitkethley, General Secretary, Hutt Valley Y.M.C.A.

Mr H.J.M. Christie, Chairman, Youth Department, Hutt Valley Y.M.C.A.

Mr P. Dowse, Mayor of Lower Hutt.

*Superintendent D.R. Sugrue, In charge of Christchurch Police District.

Mr H.A. Adams, President, Christchurch Psychological Society.

Mr B.F. O'Connor, Secretary, Christchurch Psychological Society.

Mrs Young, Member, Christchurch Psychological Society.

Miss Saunders, Member, Christchurch Psychological Society.

*Mr T.C. Cutler, Vice-President, Youth Hostels Association.

Mr J.L. McKie, Secretary, Youth Hostels Association.

*Mr P.A. Smithells, Director, School of Physical Education, Otago University.

Mr J.C.H. Chapman, Farmer, Kurow.

*Rev. C.R. Harris, Methodist Minister, Riccarton.

*Mrs W. Averill, President, Young Members Department, Anglican Mothers' Union.

Miss M.J. Havelaar, Branch President, National Council of Women.

*Mrs W. Grant, President, Y.W.C.A., Christchurch.

*Mrs R.W. Lattimore, President, Catholic Women's League.

*Major H. Goffin, Divisional Commander, Salvation Army, Canterbury-Westland.

Captain E. Orsborne, Youth Director, Salvation Army, Canterbury-Westland.

*Mr J.R. O'Sullivan, District Child Welfare Officer, Christchurch.

Mrs M.E. Barrance, Child Welfare Officer, Christchurch.

*Mr J.F. Johnson, Senior Inspector of Schools, Canterbury.

*Rev. W.M. Hendrie, Youth Director, Presbyterian Church of New Zealand.

*Rev. T.C. Campbell, Superintendent, Presbyterian Social Services Association.

Mr J. Bruorton, Crichton Cobbers Club.

Mr J. McCracken, Crichton Cobbers Club.

Miss K.J. Scotter, Principal, Girls' Training School, Burwood.

*Mr W.H.E. Easterbrook-Smith, Senior Tutor Adult Education (Hutt Valley, Wairarapa).

Miss N.J. Clark, Principal, Wellington Girls' College.

*Mr K.A. Falconer, Secretary, Wellington Hockey Association.

*Commissioner Hoggard, Territorial Commander, Salvation Army.

Colonel B. Cook, Secretary, Salvation Army.

Major R. Usher, Salvation Army.

Brigadier B. Nicholson, Salvation Army.

Dr N.H. Gascoigne, Director, Catholic Education.

*Mrs H. Bullock, Anglican Mothers Union and National Council of Women.

Miss Forde, National Council of Women.

*Senior Superintendent P. Munro, In charge of Auckland Police District.

Mr S.L. Vaile, President, New Zealand Booksellers' Association.

*Miss G.M. Gebbie, Organizing Secretary, Girls' Life Brigade.

Detective D.J. Brewer. Police Department, Auckland.

*Mr G.C. Smith, District Child Welfare Officer, Auckland.

*Mr J. Nesbitt, Teacher, Te Papapa School.

Mr S.H. Craig, President, New Zealand Motion Picture Distributors' Association.

Mr Phil Maddock, General Manager, J. Arthur Rank Organization.

Mr A. McClure, Managing Director, Warner Bros. Ltd.

*Rev. F.R. Bolmor, Minister, Presbyterian Church, Mount Roskill.

*Mrs A.J. McClure, Mount Albert Baptist Church.

*Dr B. Friedlander, Dental Surgeon, Auckland.

Mr A.E. Campbell, Chief Inspector of Primary Schools, Department of Education, Wellington.

*Miss G.M. Rohan, Retired School Teacher, Auckland.

*Mr C.R. Bach, Teacher, Otahuhu College, Auckland.

*Mr E.V. Dumbleton. Managing Editor, Auckland Star.

*Mr A.G. Long, Nursery Play Centres Association.

*Mr J.C. Reid, Lecturer in English, Auckland University.

*Dr E.M. Blaiklock, Professor of Classics, Auckland University.

*Professor A.G. Davis, Dean of Faculty of Law, Auckland University.

*Mr M.F. Smith, National Secretary, Christian Endeavour Union.

*Mrs O. Bickerton, Liaison Officer, Auckland Nursery Play Centre Association.

Mr A. Gray, President, Auckland Nursery Play Centre Association.

Dr Elizabeth Hughes, Vice-President, New Zealand Paediatric Society, Auckland.

Miss C.R. Ashton, General Secretary, Y.W.C.A., Auckland.

Mr L. Adams, Onehunga.

Mr M.D. Nairn, Headmaster, Mount Albert Grammar School, Auckland.

*Mr P.T. Keane, Headmaster, Kowhai Intermediate School.

*Mr A.S.R. O'Halloran, President, New Zealand Rationalists Association.

*Mr W.A.T. Underwood, Principal, Hamilton East School.

*Dr R.J. Delargey, Catholic Youth Director.

*Father L.V. Downey, Director, Catholic Social Services.

*Mr C. Bennett, President, Auckland United Orphanages Council.

Mr R.S. Harrop, Hon. Secretary, Auckland United Orphanages Council.

Mr R.B. Giesen, Member, Auckland United Orphanages Council.

Mr A. Gifford, Retired Chemist, Auckland.

*Mr B.M. Kibblewhite, Former Vice-President, Teachers' Training College.

Mr A.S. Partridge, Vice-President, Auckland National Council Parents and Teachers' Association.

*Major H.G. Rogers, Matron, Salem House, Salvation Army.

Captain T. Smith, Matron, Bethany Hospital, Salvation Army, Auckland.

*Mr C.R. Shann, Engineer, Private Citizen, Auckland.

Mr J.A. Lee, Writer and Bookseller, Auckland.

*Rev. T.C. Somerville, Convener, Auckland Presbyterian Youth Committee.

Mr J.R. McClure, Lecturer, Teachers' Training College, Auckland.

*Mr H. Binstead, Retired Principal of the Manukau Intermediate School.

*Archdeacon A.E. Prebble, Vicar of St. Marks, Remuera.

*Mr T.C. Ward, Headmaster, Epuni Primary School, and President, Hutt Valley Headmasters' Association.

Mr N.J. Caldwell, Headmaster, Rata Street School, and ex-President of Hutt Valley Headmasters' Association.

*Mr I.B. Johnson, Headmaster, Naenae College, Lower Hutt.

Mr W.B. Dyer, Chairman of the Board of Governors, Naenae College, Lower Hutt.

BY AUTHORITY: R.E. OWEN, GOVERNMENT PRINTER, WELLINGTON.—1954 Price 3s.



[Transcriber's notes:]

There were no footnotes in this text. Most [#] markers indicate spelling mistakes, the original spelling is listed below.

[1] was: intercouse [2] was: recomendation [3] handwritten addition to the text, which has been left, as it is fully in context. [4] was: unobstrusively [5] was: symtomatic [6] was: psychologicaly [7] was: anomolous

THE END

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