WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS


New Zealand

by 

Warren Young
Victoria University of Wellington

This country report is one of many prepared for the World Factbook
of Criminal Justice Systems under Grant No. 90-BJ-CX-0002 from the Bureau
of Justice Statistics to the State University of New York at
Albany.  The project director for the World Factbook of Criminal Justice
was Graeme R. Newman, but responsibility for the accuracy of the
information contained in each report is that of the individual
author.  The contents of these reports do not necessarily reflect the 
views or policies of the Bureau of Justice Statistics or the U.S. Department 
of Justice.

GENERAL OVERVIEW

1. Political System.

     Despite its British heritage, New Zealand's
governmental and legal structure has developed a
distinct identity. While it is still linked with
Britain through the retention of the monarchy, it
is governed by its own Westminster-style
parliamentary system, which is built on a
uni-cameral legislature, triennial elections and
two major political parties.   Although there is
some local government and some devolution of
administrative functions to regions, most
governmental functions are exercised at the
national level. 
    The social and political culture can best be
described as a liberal democratic one, which
emphasizes ideals of democratic representation,
the rule of law and open scrutiny of and
restriction upon governmental power.  Thus the
prevailing political rhetoric emphasizes the
protection of civil liberties, the maintenance of
law and order and the preservation of an
egalitarian ideology     that underpins much of
New Zealand's social and political life.

2. Legal System.  

     The New Zealand court structure is based on a
three-tier hierarchy, consisting of the District
Court, High Court and the Court of Appeal.  There
is also an infrequently exercised right, of final
appeal to the Privy Council in London. 
     Consistent with New Zealand's common law
heritage, criminal trials are primarily
adversarial in nature.  In theory, the judge or
jury is a neutral and independent adjudicator of
the facts and that adjudication is limited only to
consideration of the evidence presented by the
parties at the trial.  In practice, however, the
adversarial process has been subject to
significant modification.  For example, an
extensive police pre-trial diversion scheme is in
operation.  Also, the majority of cases that go to
court often result in guilty pleas without
scrutiny of the evidence.  Those cases that do
proceed to a defended hearing are often the
subject of disclosure of the evidence and
pre-trial conferences that define the issues in
dispute. (Stace, 1986; Young and Cameron, 1989;
Young, et al., 1992).
     Moreover, in relation to youths under the age
of 17, the Children, Young Persons and Their
Families Act 1989 has instituted a radical new
system which is largely non-adversarial in nature.
The vast majority of young offenders are dealt
with outside the formal court system by way of a
relatively informal justice process involving
extensive participation by the family, the
community and the victim. (Maxwell and Morris,
1993).

3. History of the Criminal Justice System. 
 
          The current New Zealand criminal justice
and legal systems have their foundation in the
British colonization of New Zealand, culminating
in the signing of the Treaty of Waitangi between
the Crown and many of the indigenous Maori chiefs
in 1840.  The treaty had the effect of
transplanting the English legal system, including
its criminal law, to the new imperial settlement. 
Although a parallel indigenous justice system
remained in place for a short while, the
subjugation of the Maori during the second half of
the nineteenth century virtually obliterated their
own concepts of law and justice. (Pratt, 1992).
     Despite the pervasiveness of concepts of
liberty and egalitarianism, New Zealand has in
recent years undergone significant social and
economic restructuring which has affected the way
in which these concepts are translated into
practice. Unemployment and poverty have become
increasingly visible, urban areas have become more
racially mixed as immigration from the Pacific
Islands, Asia and rural areas has accelerated and
the historically extensive welfare system has been
steadily dismantled. Consequently, many economic
and racial inequalities which could be largely
concealed in times of prosperity and full
employment have become more apparent. 
     The criminal law itself has been codified
since the Criminal Code Act 1893, so that all
substantive offenses are contained in legislation. 
The main statute governing the more serious crimes
is the 1961 Crimes Act, while the 1981 Summary
Offenses Act now contains a variety of lesser
offenses and other enactments such as the Misuse
of Drugs Act of 1975, the Transport Act of 1962
and the subsequent Arms Act of 1983.  However,
notwithstanding the codification of the
substantive criminal law, many procedural and
evidential rules, general principles of criminal
liability and criminal defenses are still derived
from the common law and developed through judicial
precedent.
     Contemporary sentencing and penal policy,
which is now covered by the provisions of the
Criminal Justice Act of 1985, can be traced back
to the Criminal Justice Act of 1954.  The policy's
objectives are "to protect the community from
violent offenders, to create a more cost-effective
criminal justice system with an increased emphasis
on community participation and decision making, to
provide for  the needs of victims through the
sentence of reparation, and to discourage the use
of imprisonment for property offenders and other
minor offenders." (Galaway and Spier, 1985: 22).
     Three other statutory enactments have had a
significant impact on the operation of the
criminal justice system in New Zealand. The first
of these is the Bill of Rights Act of 1990 which
enshrines in law certain basic rights and
freedoms, including the right to a fair trial, the
right to be secure against unreasonable search or
seizure and the right of access to legal counsel.
Secondly, the Privacy Act of 1993 works to limit
the access and use of law enforcement information
to specified bodies, persons and organizations and
for certain stipulated reasons.  Finally, the
Police Act of 1958 regulates the functions and
operations of the New Zealand police.

CRIME

1. Classification of Crime.
* Legal classification.  The legal classification
of crimes is a complex one.  There is a basic
underlying distinction between indictable
offenses, which may be tried before a judge and
jury, and summary offenses, which are tried before
a judge alone. However, this distinction has been
the subject of a number of modifications over the
years, most recently by virtue of the Courts
Amendment Act of 1991.  As a result, there are now
six categories of offenses, which are as follows: 
1) Purely summary offenses which are triable only
before a judge alone in the District Court.  These
offenses are relatively minor and carry a penalty
of three months' imprisonment or less; 
2) Electable offenses, which can be tried
summarily or on indictment in the District Court
at the election of the accused.  These offenses
would otherwise be summary, but actually carry a
maximum penalty of more than three months'
imprisonment. They are comparatively rare, but
include common assault and the possession or use
of cannabis; 
3) Hybrid offenses can be tried summarily or on
indictment in the District Court.  These offenses
are listed in Schedule 1 to the Summary
Proceedings Act of 1957 and include the majority
of offenses against persons and property in the
Crimes Act of 1961; 
4) District Court purely indictable offenses can
be tried only on indictment before a judge and
jury in the District Court and include corruption,
bestiality, aggravated robbery, aggravated
burglary and arson.; 
5) Offenses indictable at the High Court or
District Court are generally triable by indictment
in the High Court but may be triable on indictment
in the District Court at the discretion of a High
Court judge after considering the gravity of the
offense, the complexity of the case and the
general interests of justice.  These offenses
include rape, grievous bodily harm and kidnapping;
6) High Court purely indictable offenses are
triable only on indictment before a judge and jury
in the High Court and include murder and
manslaughter.
* Age of criminal responsibility.  The age of
criminal responsibility is 10.  However, by virtue
of the Crimes Act of 1961 and the Children, Young
Persons and Their Families Act 1989, a child
between the ages of 10 and 13 cannot be prosecuted
for any offense other than murder and
manslaughter, and cannot be convicted for murder
or manslaughter unless he or she knew either that
the act or omission was morally wrong or that it
was contrary to law. The result is that
prosecutions of children under the age of 14 are
very rare. 
* Drug offenses.  Drug offenses in New Zealand are
contained in the Misuse of Drugs Act 1975.  Under
this legislation, illegal drugs are classified
into three types of controlled drugs.  Class A
drugs
are the most serious and potentially harmful and
include cocaine, heroin, lysergic acid,
thalidomide and a range of powerful chemically
produced substances.  Class B controlled drugs
encompass morphine, opium, cannabis preparations
(e.g. hashish, hash oil), methadone and other
manufactured chemical compounds such as
amphetamines.  Finally, Class C drugs, deemed the
least dangerous, include cannabis fruit, cannabis
plant, cannabis seed, coca leaf, barbiturates and
other manufactured products. 
     The Misuse of Drugs Act of 1975 makes it
illegal to import or export, produce or
manufacture, sell, cultivate, supply or administer
any controlled drug, except as permitted under the
Act for medical treatment and the like.  The
penalties for dealing in controlled drugs are
substantially more severe than those for
possession and use.  An offender is liable to a
maximum penalty of life imprisonment for dealing
in Class A drugs, 14 years' imprisonment for
dealing in Class B drugs and 10 years imprisonment
in dealing in Class C drugs.  By contrast, the
possession or use of Class A drugs attracts a
maximum penalty of only six months' imprisonment
and the possession or use of any other drugs
carries a maximum penalty of only three months
imprisonment.

2. Crime Statistics.  

     The following statistics represent offenses
recorded by the police for the year ending June
30, 1993. The definitions used by the police for
statistical purposes mirror the definitions
contained in statute.  (In comparison to other 
jurisdictions, these statistics are in some respects 
inflated. For instance, all offenses that are reported
to the police are recorded, even if it is determined that
no offense occurred.  Secondly, there are no
hierarchy rules which allows single incidents to
result in several recorded offenses).
 * Murder.  There were 53 cases of murder recorded
by police in the year ending June 30, 1993, for a
rate of 1.5 murders per 100,000 population. 
Attempts are not included.   Murder is defined as
culpable homicide which, when first recorded by
the police, appears to involve an intent to kill;
an intent to cause bodily injury that is known to
the offender to be likely to cause death; use of
an unlawful object that the offender knows to be
likely to cause death; or the infliction of
grievous bodily harm for the purposes of
facilitating the commission of certain specified
offenses or evading detection for such offenses. 
Attempted murder cases are recorded in a separate
category.
* Rape.  There were 1,193 cases of sexual
violation recorded by police in the year ending
June 30, 1993, for a rate of 34 sexual violations
per 100,000 population.  Attempts are not
included. Sexual violation involves both rape and
other forms of penetration of the vagina or the
anus.  Attempted sexual violations are recorded
separately.
* Burglary.  There were 100,604 cases of burglary
recorded by police in the year ending June 30,
1993, for a rate of 287 burglaries per 100,000
population.  Attempts are included. 
   Burglary includes any breaking and entering for
the purposes of the commission of a crime. 
Breaking and entering not involving theft may
therefore constitute burglary, while non-forcible
entries involving theft do not.  Unlike attempted
murders and attempted sexual violation, attempted
burglaries are included within the burglary
statistics. 
* Serious drug offense.  There were 1,206
non-cannabis drug offenses recorded by police in
the year ending June 30, 1993, for a rate of 34
per 100,000 population. Non-cannabis drug offenses
include all prohibited Class A, Class B or Class C
drugs under the Misuse of Drugs Act 1975.  
(For the year ending June 30, 1992, there were
1,272 non-cannabis offenses, compared with 19,488
cannabis offenses).
  
* Crime regions.  New Zealand's participation in
the 1992 International Crime Survey revealed that
persons residing in urban areas with populations
greater than 50,000 had significantly higher
chances of becoming crime victims than others. 
(van Dijk and Mayhew 1992). 

VICTIMS

1. Groups Most Victimized by Crime.

   New Zealand criminal justice agencies do not
officially collate data on the characteristics of
crime victims.  The only available information
comes from victim surveys.
   The most comprehensive survey, and the first
undertaken in New Zealand, is reported in
Robinson, Young and Haslett (1989).  This survey,
which was confined to two districts in the capital
city region, found that while there were no
significant gender or ethnic differences in the
risk of victimization, there were age differences,
with those between 16 and 29 years-old being
significantly more likely to suffer both
individual property offenses and offenses against
the person.

2. Victims' Assistance Agencies.  

   There are a variety of agencies providing
victim assistance in New Zealand.  For instance,
there are currently at least 60 victim support
groups affiliated with the New Zealand Council of
Victim Support Groups.  These groups provide
practical assistance, information, advocacy and
emotional support for crime victims.  Prior to
March 1993, victims' support groups received some
funding from the now defunct Victims Task Force. 
Presently, although the majority are administered
privately or by voluntary staff, they still
receive limited financial support from the
nationally based Community Funding Agency. 
   There are approximately 26 autonomous Rape
Crisis Centers nationwide providing support for
victims of rape and sexual attack.  They are
linked through a national rape crisis coordinator
and receive partial government funding through the
Community Funding Agency. 
   The Te Kakano O Te Whanau is a national Maori
women's organization working in the areas of
incest, rape, sexual abuse and related violence
and providing both victim support and educational
services. 
   There are approximately 51 Women's Refuge
Centers nationwide providing temporary
accommodation and support for battered women
and those at risk of domestic violence and abuse. 
They are predominantly staffed by volunteers, with
an average of only 1.5 paid workers per group. 
They are linked through a National Association of
Women's Refuges and receive partial government
funding through the Community Funding Agency. 
   The Pacific Island Women's Project Aotearoa
group works specifically with Pacific Island women
and provides funding and assistance for groups and
individuals dealing with domestic violence and
sexual abuse. 
   Help Centers are charitable trusts which exist
in the major urban areas to offer counseling,
medical examinations and support for victims of
sexual abuse and their families.  They work
closely with the police. 
   Since 1993, six paid Victims' Court Assistants
have been appointed by the Department of Justice,
to work in four pilot courts throughout the
country.  Their job is to ensure that victims
involved in court cases receive the services to
which they are entitled. 
   The Accident Compensation Corporation
administers a state compensation scheme for
accident related personal injury.  Accordingly, it
provides financial redress for victims who suffer
physical injuries or, in some cases, emotional
harm as a result of a crime.

Role of Victim in Prosecution and Sentencing.   
   Victims generally have no formal role in the
criminal justice process other than participating
as a witness for the prosecution. They do not have
the right to require that a prosecution be brought
by the police;  nor can they stop a prosecution. 
However, victims cannot be compelled to give
evidence against their spouses, which gives them
some control over the process in some domestic
violence cases.  They also have a residual right
to bring about private prosecution if the police
fail to do so. 
   In regard to sentencing, a victim impact
statement must be prepared for the court by the
prosecutor, outlining the physical, emotional and
financial impact of the offense.  However, that
statement does not include the victims' views on
the appropriate sentence.  Other than their role
as a witness, the crime victim has no right to
address the court.

4. Victims' Rights Legislation.   
   New Zealand has legislation to protect victims'
rights. Perhaps most importantly, the Criminal
Justice Act of 1985 contains a presumption in
favor of reparation where the victim has suffered
loss, damage or emotional harm.  It also
establishes a procedure for determining the
quantum of reparation where the amount of the loss
or the offender's ability to pay is in doubt. 

   Under the Victims of Offenses Act of 1987,
criminal justice agencies are required to treat
victims with courtesy and compassion and with
respect for their personal dignity and privacy.
Prosecutors and court officers have a duty to keep
victims advised of progress on the investigation
of the case and details of court proceedings. 
Victims of a serious assault can request
notification of the impending release, or escape,
of the offender from a custodial sentence.
Finally, under this Act, victim impact statements
are required to be prepared in all cases.

POLICE
1. Administration.
   The New Zealand police are a civil force
administered nationally under the command of a
single Commissioner of Police and entirely
independent of the military structure.  For
operational purposes, they are divided into six
regions, each under the control of an Assistant
Commissioner.  Below the rank of Assistant
Commissioner, there are four ranks in the chain of
command - superintendent, inspector, senior
sergeant and constable. 
   Legally, the authority of a police officer is
derived from the common law office of constable
and is thus original rather than delegated.  In
accordance with that original authority, the
police oath which is contained in the Police Act
of 1958 simply requires the police to preserve the
peace, to prevent offenses against the peace, and
to discharge their duties in these respects
impartially and according to law.  In addition to
that general authority, police officers have a
number of specific powers provided by statute, and
they are accountable to the Commissioner of Police
and the courts for the exercise of those powers.  
   By virtue of Regulation 7 of the Police
Regulations of 1959, the Commissioner of Police is
responsible to the Minister of Police for "the
general administration and control of the police". 
The Commissioner of Police is required to ensure
that all police officers "discharge their duties
to the government and the public satisfactorily
and efficiently".  While there is some dispute
about what is meant by "general administration and
control", the generally accepted convention, based
on the original rather than delegated authority of
the office of constable, is that the Commissioner
is not subject to political direction or control
in relation to operational or law enforcement
matters, including operational policy.  The
Minister is able to have some influence over law
enforcement priorities and other operational
policies through the budgetary process, but that
influence is at a fairly general and indirect
level. 
   Aside from the police, there are several other
agencies responsible for law enforcement.  These
are generally administered on a national basis
under the control of a Minister of the Crown and
include the enforcement activities of Customs,
Social Welfare and Inland Revenue Departments, the
Ministry of Agriculture and Fisheries, and the
Serious Fraud Office.

2. Resources.

* Expenditures.  The estimated expenditure on the
police for the year ending June 30, 1994 is NZ$
624,247,000, which represents 0.85% of the Gross
Domestic Product.  This amount does not include
expenditures on the law enforcement activities of
other specialist law enforcement agencies, such as
the Customs, Immigration and Inland Revenue
Agencies. 
* Number of police.  As of October 4, 1993 there
was a total of 6,834 sworn police officers and
approximately 1,650 non-sworn civilian staff.  The
sworn staff, which numbered approximately 200
police officers per 100,000 population, was
comprised of 6,097 (88%) male and 737 (12%) female
officers.  The ethnic origin of sworn staff is
unavailable.

3. Technology.
* Availability of police automobiles.  As of July
1, 1993, the New Zealand police possessed a total
of 2,350 vehicles.  Standard police cars,
including administration vehicles, totaled 1,754,
for a ratio of 3.8 sworn police officers to every
car.

* Electronic equipment.  The use of electronic
equipment by police is widespread, although
availability of some of the newest technology is
limited to the major urban centers.  For instance,
a computer aided dispatch system is in operation
in the major urban centers, linked to  patrol cars
by means of an extensive radio communications
system.  It encompasses an automatic calling
device, a dispatch prioritization capability and
an ability to monitor the workload status of
police patrols.  In other areas more standard
radio communications are used.   
   There is also a comprehensive nationwide
computer system, with a police sub-system which
includes individual criminal histories, lists of
wanted persons, wanted persons information,
vehicle registration information, missing persons
bulletins and a variety of other useful law
enforcement information, including the modus
operandi of criminal suspects.  Recently, the
police have proposed that this be supplemented by
the development of an Integrated National Crime
Information System.  
   An automated fingerprint identification system,
which is based on a national computerized data
bank of fingerprint records, is also in operation.
In addition, the Traffic Safety Branch of the
police makes wide use of the HAWK speed radar
detection device to apprehend speeding motorists. 
* Weapons.  The New Zealand police are not armed
as a matter of course, although firearms are now
frequently carried by detectives and in patrol
cars and are otherwise available as required.  The
types of weapons used vary between operational
units.  General uniformed police and detectives
have access to .223 Remington Bolt Action rifles
and .38 Smith and Wesson revolvers.  The Airport
Police and the Diplomatic Protection Squad have
access to semi-automatic machine pistols and the
Armed Offenders Squad have access to
semi-automatic .223 rifles, shotguns, 7.62 rifles,
CS gas grenades and body armor.

4. Training and Qualifications.

   Although the police prefer applicants for the
job to have some formal school qualifications,
they will accept applicants with no such
qualifications provided that they pass the police
entrance examination, which consists of a mental
ability test and an English comprehension test.
   After passing exams and before being accepted
as a full constable, recruits must undergo a full
time, live-in, six month training course at the
national Police College.  This college is operated
by the police themselves.  Most of the instruction
is provided by sworn police officers.  Specialty
components of the course are taught by relevant
experts. 
   After graduation, an 18 month probationary
period begins, during which 21 in-service training
modules must be passed. If the modules are passed,
the probationary constable receives a permanent
appointment as a fully qualified constable at the
end of two years, otherwise, he or she is
discharged.

5. Discretion.
* Use of force.  Information Not Available.
* Stop/apprehend a suspect.  Police have limited
powers to stop and search persons and vehicles,
notably for drugs, offensive weapons or firearms,
and to stop vehicles or set up road blocks to
arrest a person who is unlawfully at large or who
has committed an offense which carries a prison
sentence. 
* Decision to arrest.  When a suspect is found at
the crime scene or is detected in the course of
subsequent investigations, or where the police
detect an offense in progress, the attending
officer must decide whether to take formal action. 
The officer has several options. 
   The officer can opt for an informal disposition
or clearance as no offense.  If the offense has
not been recorded, the offender can be dealt with
informally without the need to generate any formal
procedure. 
   If the offense is minor and an offender is
located it can be cleared by a warning or a formal
caution.  There are no departmental guidelines or
rules that the officer must follow in deciding
whether to administer a warning.  Overall warnings
and formal cautions make up a little under 20% of
total clearances, although there is considerable
variation between individual districts. 
   However, the most common response to an offense
where a suspect is detected is prosecution. 
Although only 19% of recorded offenses result in
prosecution, nearly half (49%) of cleared offenses
do so. There are four methods of initiating a
prosecution.  First, the prosecution process can
be initiated by arresting and charging the
suspect, occurring in the majority of cases. 
   Although police may obtain a warrant to make an
arrest, this action is taken infrequently.  The
vast majority of arrests occur without a warrant. 
Police have a general power to arrest persons
without a warrant if there is good cause to
suspect them of having committed a breach of the
peace, an offense carrying a prison sentence, or a
specific offense that is non-incarcerative, but
for which the power of arrest is appropriate. 
   Instead of arrest, suspects may be summoned to
appear in court on a designated date to answer the
charge.  Also,  where an arrest is made, the
arrested person can be released following arrest
and issued with a summons instead. 
   The Minor Offense Notice is the legislatively
preferred procedure for offenses where the maximum
penalty does not exceed a $500 fine and involves
the offender being sent a notice of the offense
through the mail and having the opportunity of
paying a standard fine administratively as an
alternative to prosecution. Its use is largely
confined to traffic offenses and liquor offenses. 
* Search and seizure.  The police may obtain a
warrant to search premises where there are
reasonable grounds for believing that evidence of
an imprisonable offense is located.  In relation
to some warrants such as those obtained under the
Misuse of Drugs Act 1975, this extends to the
search of persons found on the premises.   In
addition, the police have more limited powers to
enter premises without a warrant to search for
drugs or firearms or to prevent the commission of
an offense which is likely to cause serious and
immediate injury to person or property.  In
relation to suspects in custody, the police are
permitted to search their person by force, if
necessary. 
* Confessions.  Where a confession or
incriminating statement has been obtained in
breach of the New Zealand Bill of Rights Act of
1990, there is a prima facie exclusionary remedy. 
Under this Act, inter alia, everyone has the right
not to be arbitrarily arrested or detained, and if
arrested or detained, is to be informed of the
right to silence and the right to consult and
instruct a lawyer without delay.  At the
discretion of the trial judge, any confession or
incriminating evidence that has been obtained
unfairly may be excluded from the official body of
evidence. 
6. Accountability.

   Complaints against the police are generally
investigated internally.  An independent Police
Complaints Authority also exists to intervene and
deal with complaints.  The Authority is able to
receive complaints of police misconduct or neglect
of duty and of any practices, policies or
procedures affecting complainants.  It also has a
limited own motion power of investigation in cases
of death or serious bodily harm.  
   The Authority can investigate the complaint
itself, oversee the police investigation, take no 
action or wait for the police report on the
matter.  In addition, it can review completed
investigations and direct the police to reopen any
investigation or to consider any proposals it
might make for action on a complaint.

PROSECUTORIAL AND JUDICIAL PROCESS

1. Rights of the Accused. 
* Rights of the accused.  If the offense is
punishable by more than three months imprisonment
and is ordered summarily, the accused has the
right to elect trial by jury.  Beyond this, the
accused's ability to influence or determine the
nature of the charges or form of trial is limited. 
* Assistance to the accused.  There is no public
defender system in New Zealand, although there are
plans to establish one on a limited basis.  There
is, however, an offenders' legal aid scheme
under which defendants who cannot afford to pay
for private legal representation are assigned a
lawyer from a roster to represent them.  Lawyers
on the roster work in private practice, with their
fees in legal aid cases being paid by the
government according to a scale fixed by
regulation.

2. Procedures.

* Preparatory procedures for bringing a suspect to
trial.   Suspects are generally brought to trial
as a result of police investigation, followed by
arrest and charge or by the issue of a summons or
minor offense notice.  In arrest cases, all
initial prosecution decisions are made by the
arresting officer.  Those decisions are then
reviewed, although only rarely modified or
reversed, by a "line supervisor" and by the Police
Prosecutions Section. 
   Where the summons or minor offense notice
procedure is being used, the police officer in
charge of the case prepares a report for his or
her line supervisor with a recommendation as to
charge. The supervisor then endorses the
recommendation or modifies it as he or she deems
appropriate.  Files containing recommendations in
favor of prosecution are then sent to the Police
Prosecutions Section for final decision.  Police
prosecutors rarely reverse a recommendation in
favor of prosecution if they are satisfied that
the recommended charge can be proved. 
   In respect of charges laid on indictment, there
is a preliminary hearing to determine whether
there is a prima facie case justifying a trial. 
That preliminary hearing is held before Justices
of the Peace or, in the case of a more serious
charge, a District Court Judge. 
* Official who conducts prosecution.  In summary
cases, and at the preliminary hearing of charges
laid on indictment, prosecutions are generally
conducted by police officers who are assigned to
Prosecution Sections for about two years.  Some of
them stay for an extended period or on a
semi-permanent basis.  Police prosecutors do not
receive any additional legal training but they do
attend in- service training courses on aspects of
prosecution work, which are run by officers from
the Police Legal Section. 
   Prosecutions on indictment, whether in the
District Court or the High Court, are undertaken
primarily by local Crown counsel or by a member of
the firm to which the Crown counsel belongs. 
Crown counsel also appear for the prosecution at
the preliminary hearing in homicide cases, and in
a few summary trials involving complex legal
issues, serious offenses against police and prison
officers and cases which raise or are likely to
raise allegations of serious police misconduct.  
   Crown counsel are usually senior local
practitioners who are warranted to undertake
prosecutions on behalf of the Crown.  In the main
centers, however, there are also panels of lawyers
in private practice who, under delegation from
Crown counsel, act on occasion for the
prosecution.  In most cases, Crown counsel have
little contact with the case prior to the
preliminary hearing or trial. The police have the
responsibility to decide on the charges, to
prepare the file, and to brief the witnesses.  
* Alternatives to trial.   Occasionally, the
prosecution may agree to reduce charges or to
modify the summary of facts in exchange for a
guilty plea, or to drop certain charges in
exchange for a guilty plea on others.  However,
concessions of this sort tend to be minor and
limited to matters which the prosecution believes
will make little or no material difference to the
eventual sentence.  Hence significant formal plea
bargaining as a means of resolving cases is not
common. 
   The main alternative to the formal criminal
justice process is the police pre-trial diversion
scheme, which has been in operation since 1989. 
This involves a decision by the Police
Prosecutions Section that the offender should be
diverted on particular conditions, which may
include an apology to the victim, reparation, a
donation to charity, community work and sometimes
referral for counseling.  This decision is made on
the recommendation of the officer in charge of the
case after charges have been made. Provided that
these conditions are met, the charges are then
withdrawn.  The bulk of diversion cases involve
shoplifting, cannabis possession, theft as a
servant and other theft.  However, a number of
offenders prosecuted for minor assault and willful
damage also receive diversion. The proportion of
prosecuted cases receiving diversion varies
significantly from one area to another.  The
proportion of cases diverted varied from 7% to
26%. (Young and Cameron 1992).
   Apart from the formal diversion scheme, some
offenders who are perceived by the police to be
mentally disordered will be transferred into the
mental health system prior to prosecution and
detained as a voluntary or committed patient. 
There is no information on the extent to which
this occurs.
* Proportion of prosecuted cases going to trial. 
The substantial majority of criminal cases are
resolved by way of a guilty plea. Excluding cases
which are diverted by the police, over 75% of
cases result in a guilty plea. (Stace 1986). 
   The conviction rate in cases that proceed to a
defended hearing is a little more difficult to
determine, since the official statistics are
incomplete.  In 1988, the proportion convicted in
defended summary hearings was 73%, 68% in District
Court jury trials and 79% in High Court jury
trials. (Young and Cameron 1989).
* Pre-trial incarceration conditions.   The police
have no general power to hold a person in custody
for questioning prior to arrest and charge.  Once
arrested, a suspect must be brought before a
court "as soon as possible."  In large urban
areas, the person will usually be brought before
the court a day or two following arrest.  The time
lag may be considerably longer in rural areas
(Crimes Act of 1961, Section 316(5)).
* Bail Procedure.  After a defendant appears in
court, the court must decide whether he or she is
to be held in custody.  There are some
restrictions upon the grant of bail in serious
violent and drug cases.  There are also some minor
offenses for which defendants must generally be
remanded at large or on bail.  Apart from this,
the vast majority of defendants charged with
imprisonable offenses can be remanded at large, be
released on bail, or be put in custody at the
discretion of the court.
* Proportion of pre-trial offenders incarcerated. 
Of the total prisoners held on October 22 1993,
516 were on remand awaiting trial or sentence,
representing 11.5% of the prison population. 
   Overall, the percentage of cases involving a
custodial-remand at some stage during the hearing
of the case is approximately 13%. The overall
custodial-remand rate is about 22% for violent
offenses, 12% for offenses against property and
drug offenses and about 4% for offenses of
disorder and other minor offenses.  There can be
significant district variation in pre-trial
incarceration rates.  In 1990, the custodial
remand rate in courts with over 1,000 remands per
annum ranged from a low of 6.3% to a high of
15.8%. (Spier, et al., 1992). 


JUDICIAL SYSTEM

1. Administration.   

   The major criminal court is the District Court. 
This is not only the court of summary jurisdiction
but, it also handles the majority of cases which
proceed to jury trial.
   Above the District Court is the High Court,
which presides over the most serious criminal
cases and hears appeals from the District Court
against summary conviction and sentence.  Above
the High
Court is the Court of Appeal which hears appeals 
against convictions and sentences in cases laid on
indictment in both the District Court and the High
Court. 
   Although the Judicial Committee of the Privy
Council in London has discretionary power to grant
an appeal against a decision of the New Zealand
Court of Appeal in criminal cases, it is rarely
given.  Hence, decisions of the Court of Appeal
are usually final, making the Court of Appeal the
paramount judicial body in New Zealand criminal
cases.

2. Special Courts.   

Youth Court.  The only special criminal court is
the Youth Court, which is a division of the
District Court responsible for handling
cases involving youths under the age of 17.
However, criminal offenses may emerge in the
context of proceedings before other specialist
tribunals, such as the Family Court, the
Employment Court, the Disputes Tribunal or the
Equal Opportunities Tribunal. Although these
tribunals have a variety of civil dispositions to
deal with unlawful behavior, they cannot impose
criminal sanctions.

3. Judges.

* Number of judges.  There are 142 members of the
judiciary.  The Court of Appeal is made up of
seven judges.  These include the Chief Justice who
is the administrative head of the judiciary, the
President of the Court of the Appeal and five
remaining High Court Judges appointed by the
Governor General as judges of the Court of Appeal.
   The High Court consists of 32 judges, including
the Chief Justice, although the Governor General
is empowered to appoint an additional judge or
judges as illness or absence requires.  In
addition, there are six Masters of the High Court
who exercise certain summary court powers.  In
1993, the first female High Court judge was
officially appointed to office.
   The District Court is limited by statute to 103
judges, including the Chief District Court Judge. 
As of 1993, it is operating at full staff
capacity, which includes 11 women (10.7%), two Sri
Lankans (1.9%) and two Maori (1.9%).  The
remaining judges are male New Zealand Europeans.
* Appointment and qualifications.  Judges are
professional lawyers appointed to the bench on a
permanent basis by the Governor General on the
recommendation of the government.  They are drawn
from the ranks of the legal profession and, in the
case of the High Court, from the senior bar. 
Members of the judiciary and the legal profession
are extensively canvassed before prospective
appointees are put forward for consideration.

   Judicial training is limited.  All judges
receive some on-going information about the types
of sentences being imposed by other courts. 
Shortly after their appointment, District Court
judges have an induction workshop  on all aspects
of their judicial function.  Apart from this, both
the District Court and High Court judiciary are
largely reliant upon periodic judicial conferences
and seminars for training and information.

PENALTIES AND SENTENCING

1. Sentencing Process.

* Who determines the sentence?  The sentence is
imposed by a single judge.  At a defended hearing,
the sentence would be determined by the judge who
presided at trial.
* Is there a special sentencing hearing? 
Information not Available.
* Which persons have input into the sentencing
process?  Judges may request a pre-sentence report
from a probation officer, a medical or psychiatric
professional or any other knowledgeable person. It
is common for a pre-sentence report to be obtained
when imprisonment or a community based sanction is
being considered.
   The judge may also hear submissions from the
prosecutor and from defense counsel.  Police
prosecutors usually do no more than present a
previous conviction list, a victim impact
statement and, in the case of a guilty plea, a
summary of facts.  Crown counsel, on the other
hand, often play a more active role, by providing
advice to the court.
   The victim's input into the sentencing process
is limited to the information provided by the
prosecutor in the victim impact statement.  The
victim has no right to address the court in person
or to provide his or her views on the appropriate
sentence.  Juries may request leniency when
delivering their verdict but do not otherwise
provide a view on the appropriate sentence.
   Under Section 16 of the 1985 Criminal Justice
Act, the offender may request the court to receive
information about the offender's ethnic or
cultural background, the way in which that
background may relate to the commission of the
offense and the positive effects that background
may have in helping to avoid further offending. 
The court must hear those statements unless it is
satisfied that, because of the existence of a
mandatory penalty or some other special reason, it
would not be of assistance to do so.

2. Types of Penalties.

* Range of penalties.  There are four types of
custodial sentences in New Zealand:
     1) Life imprisonment is an indeterminate
sentence with a minimum detention period of 10
years.  It is the mandatory penalty for murder and
the maximum penalty for manslaughter and dealing
in Class A drugs.
     2) Preventive detention is an indeterminate
sentence with a minimum detention period of 10
years.  It is available only for a range of
specified serious violent and sexual offenses and
is specifically designed to protect the community
from further offending by removing the offender
from the community for a substantial period.
     3) Finite sentences of imprisonment are the
most commonly prescribed sentences for serious
offenses, and are imposed in the vast majority of
cases for rape, robbery and serious wounding, in
about 50% of arson cases and in about 30% of
burglary cases.
     5) Corrective training is available for
offenders between the ages of 16 and 19 who are
convicted of an offense punishable by three or
more months imprisonment.  Corrective training
institutions are boot camp style institutions
designed to provide a disciplined way of life and
work, together with counseling and training.
   Since 1993, the courts have had the power to
suspend finite sentences of imprisonment of
between six months and two years. Unless it would
be unjust, a suspended sentence takes effect if an
offender is convicted of an offense punishable by
imprisonment during the suspension period.
   Below the level of custodial sentences, there
are four community based sanctions which are
available for imprisonable offenses and which
involve on-going supervision or control in the
community.  Periodic detention is restricted to
offenders over the age of 15 and requires the
offender to attend a specified work center to
undertake community work for up to 15 hours per
week, excluding public holidays, for a period not
exceeding 12 months.
   Offenders may be required to perform community
service for a period of 20 to 200 hours as
specified by the court.  The hours of work must be
performed within 12 months.  The nature of the
work and the times at which it is performed are
determined by an agreement between the offender
and the community agency for which the work is
done, subject to the approval of the supervising
probation officer.
   The sentence of supervision by a probation
officer may be imposed for any period between six
months and two years.  It entails reporting to a
designated probation officer as and when required
and complying with any other conditions relating
to residence, counseling, and employment which may
be imposed by the court.
   Some sentences require the person to attend a
specified community program or to be placed in the
care of a specified person or agency in the
community.  The sentencing period cannot exceed 6
months if the program is residential, or 12
months, if the program is non-residential.
   Community based sanctions of these sorts are
imposed in about 45% of all violent offenses and
in over 50% of all property offenses. Below
community based sanctions are monetary penalties,
notably the fine and the sentence of reparation. 
As a result of economic recession and a change in
sentencing patterns, their use has declined in
recent years, so that fines and reparations now
account for about 20% of sentences for violent
offenses and 30% of sentences for property
offenses. 
   Below the level of monetary penalties is a
range of discharge options, which involve little
or no sanction, other than that attaching to the
court appearance and conviction itself.
* Death penalty.  The death penalty was abolished
for homicide in 1961 and for all other offenses,
notably treason, in 1989.


PRISON

1. Description.

* Number of prisons and type.  There are 20
separate penal institutions.  Two of these
facilities incorporate separate corrective
training institutions for youths 16 to 19 years
old.  Aside from these two facilities, there are
no institutions specifically reserved for young
offenders.  There are three female institutions,
although with a drop in the number of female
inmates in recent years, one of them now houses
males in a separate wing. Of the 17 institutions
specifically designated for males, one is a
maximum security institution, nine are medium
security and seven are minimum security.  Two of
the minimum security institutions operate as
farms.
* Number of prison beds.  As of November 14, 1991,
the date of the last prison census, the number of
prison beds totaled 4, 477. This figure allowed
for 4,262 male prisoners and 215 female prisoners.
* Number of annual admissions.  There were a total
of 8,432 admissions in 1993, of which 1,921
(22.8%) admissions were for drug crimes, 2,530
(30%) were for violent crimes, 561 (6.7%) were for
property crimes, and 3,420 (40.5) were for other
crimes.
* Average daily population/number of prisoners.  
During 1993, the average daily prison population
was 4,512, for a rate of 133 per 100,000
population.  Daily average statistics by the
offenses for which inmates are incarcerated are
not available.   As of October 22, 1993 there were
142 women in prison representing 3.2% of the
prison population. 
   At the time of the last prison census on
November 14, 1991, there was a total of 3,537
inmates.  Of these, 1,420 (40.1%) inmates were of
New Zealand European ethnic origin, 1,519 (43%)
were of New Zealand Maori origin, 310 (8.8%) were
of Pacific Island origin, and 288 (8.1%) inmates
were identified as a mixed or other ethnic origin.
The most significant feature of these figures is
that, while the New Zealand Maori make up
approximately 15% of the population, they comprise
43% of the prison population.
   In terms of gender, there were a total of 3,416
male inmates, of which 1,373 (40.2%) were New
Zealand European, 1,464 (42.9%) were New Zealand
Maori, 304 (8.9%) were Pacific Island, and 275
(8%) male inmates were identified as mixed or
other ethnic origin.  Out of the total of 121
female inmates, 47 (38.8%) were New Zealand
European, 55 (45.5%) were New Zealand Maori, 6
(5%) were Pacific Island, and 13 (10.7%) female
inmates were identified as mixed or other ethnic
origin. (Braybrook and Southey 1992).

* Actual or estimated proportions of inmates
incarcerated. The percentage of sentenced inmates
by crime categories on November 14, 1991.

Drug Crimes        7.6% 
Violent Crimes    50.8%
Property Crimes   24.0%
Other Crimes      17.6%

(Braybrook and Southey 1992).

2. Administration.

* Administration.   The New Zealand prison system
is comparatively small and administered on a
national basis by the Corrections Operations
Division of the Department of Justice. 
* Number of prison guards.  There is a total of
2,600 staff of which 1,700 are prison officers,
providing a prison officer to inmate ratio of
1:2.6.  While an ethnic breakdown of the prison
staff is unavailable, 30% of the prison officers
are women.
* Training and qualifications.   No specific
qualifications are necessary for appointment as a
prison officer.  However, potential prison
officers must pass a pre-entry examination
consisting of basic arithmetic, literacy and
comprehension tests.  After which, they are
inducted into a prison where they complete a
six-week, full-time, live-in training course.
* Expenditure on prison system.  The cost of
operating the prison system is approximately
NZ$35,000 per inmate per year. Accordingly,
the total expenditure on the prison system per
year is around NZ$150,000,000, representing 0.1%
of the Gross Domestic Product. 

3. Prison Conditions. 

* Remissions.  Prisoners serving sentences of 12
months or less are released on remission after
one-half of their sentence.  Other prisoners are
released on remission after two-thirds of their
sentence unless a longer minimum term has been
imposed by the court.
   In addition, prisoners serving prison sentences
exceeding 12 months are eligible for parole,
excluding prisoners convicted of serious violent
offenses.  Parole eligibility is determined after
one-third of their sentence has been served and is
subject to standard and special conditions fixed
by the Parole Board.  Such conditions may include
home detention and a residential or non-
residential rehabilitation program.

* Work/education.  Inmates are able to undertake a
variety of educational and vocational programs. 
Other rehabilitation opportunities, including
counseling, are offered on a limited basis. 
Medical treatment is readily available. 

* Amenities/privileges.  Weekend home leave and
work parole (release for employment on an arranged
job during the day) is also available as a
privilege to some medium and minimum security
inmates, especially inmates nearing the end of
their sentence.

EXTRADITION AND TREATIES

* Extradition.  The extradition of offenders to
and from New Zealand is governed by two separate
statutes.  Extradition to and from the majority of
Commonwealth nations is provided for under the
United Kingdom Fugitive Offenders Act of 1881, as
amended by the New Zealand Fugitive Offenders Act
of 1976.  Regarding non-Commonwealth countries,
extradition is permitted under the Extradition Act
1965 only where a treaty has been concluded
between New Zealand and the relevant country. 

   Treaties have been concluded with Albania,
Argentina, Belgium, Bolivia, Chile, Columbia,
Cuba, Czechoslovakia, Ecuador, El Salvador,
Finland, France, Greece, Guatemala, Haiti,
Honduras, Hungary, Iceland, Iraq, Italy, Liberia,
Luxembourg, Mexico, Monaco, Netherlands,
Nicaragua, Panama, Paraguay, Peru, Poland,
Portugal, Romania, San Marino, Spain, Switzerland,
Thailand, the United States, and Uruguay.

* Exchange and transfer of prisoners.  Under the
Niue Act of 1966 and the Cook Islands Amendment
Act of 1966 there are special provisions for the
transfer of convicted persons to serve sentences
of imprisonment in New Zealand.  There are no
other provisions which relate to the exchange or
transfer of prisoners to or from other nations.

* Specified conditions.  Information Not
Available.


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