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: