=(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.