NCJ Number
121758
Date Published
1989
Length
12 pages
Annotation
A historical review of the New Zealand prison system indicates that penal policies are largely the result of British colonization during the 19th century.
Abstract
From about 1840 on, communally recognized laws of mana and tapu were the sources of both order and dispute in traditional Maori society. Negligence leading to personal or property damage was punishable, as were nuisance, trespass, defamation, and seduction. Customary dispute settlement within Maori society varied in accordance with offense seriousness. Punishment involved the withdrawal of community assistance, compensation, beating, banishment, and infrequent execution. For petty offenses, the goals of reconciliation and restoration to normal social relationships were achieved by relatively equitable procedures. For more serious offenses, however, punishment and retribution were swift and severe. Prior to 1846, there were no generally accepted rules regulating prisons or prisoners. In 1846, the Prisons Ordinance declared all existing prisons to be public institutions, and the governor was authorized to regulate the prison system. No real progress was made in penal policy development until 1876 when prison control was centralized. The year 1910 was a turning point in prison reform when rehabilitation received primary emphasis. Rehabilitation was subsequently expanded to focus on short sentences and noncustodial alternatives to prison, and the Criminal Justice Act of 1954 reflected this rehabilitation emphasis. In general, penal policies in the 1960's aimed at normalizing conditions within prisons as a rehabilitative measure. In 1981, following a major review of penal policies, the Criminal Justice Act was redrafted to reflect the view that offenders should be dealt with in the community as far as possible and kept out of prison. It is concluded that problems in New Zealand's prison system over the last 100 years demonstrate the need for a national approach and the importance of reflecting multiculturalism in penal policies. 5 references.