PARLIAMENT Some Weaknesses Seen In Police Offences Bill

Press, Volume XCIX, Issue 29342, 22 October 1960, Page 14

PARLIAMENT Some Weaknesses Seen In Police Offences Bill

(New Zealand Press Association) WELLINGTON, October 22.

Opposition speakers gave the Police Offences Amendment Bill (No. 2) a mixed reception in the House of Representatives today. Some welcomed it, others said its provisions were “too little and too late,” and Mr C. G. E. Harker (Hawke’s Bay) said: “The Government is asking for authority to purchase a parasol to deflect a deluge.”

The bill provides increased penalties for hooliganism, gives the police power of arrest without warrant to deal with riotous behaviour, prohibits drinking in public transport and drinking by minors in public, and provides for cancellation or suspension of drivers’ licences where the holders are convicted of offences involving disorderly behaviour.

The House today gave the bill a second reading.

Mr J. R. Marshall (Opposition. Karori) welcomed the increased penalties for offences. The Courts would now be free to fix penalties suited to the circumstances of each case, including a term of imnrisonment.

“Able-bodied members of the public will have a responsibility for assisting the police,” said Mr Marshall. “This bill is only a step towards handling this problem of delinquency. A great deal more will be required for the control of this type of person.” Mr Marshall said he hoped the Government would not now sit back and say: “This is good.” Obviously the problems could not be solved by increased penalties alone. The problem was much wider than that. It required the inculcation of ideas of discipline in the minds of people who were anti-social. Mr Marshall said the provisions of the biU dealing with the consumption of liquor in a public place or a public conveyance were loose and hastily prepared. The definition of a public place was everywhere, except a private property and, sometimes, a private property.

He pointed out that under the existing legislation a person under 21 who was a resident of a hotel could consume liquor in the lounge. The Minister of Marine (Mr Fox): Can they order drinks and be served?

Mr Marshall: I thought that would come as a surprise to members of the Government. lam not saying whether it is right or wrong. Matter Overlooked

The Government in 1905 had brought in a law banning persons under 21 from bars, but the matter had been overlooked by the Government, and it should consider the consequences and put the matter in its proper place. “It could have quite wide ramifications because of the wide definition of a public place. The Government has got to decide it is a matter of policy and not as a consequential amendment,” said Mr Marshall. A single person, under 21, drinking in a public place would commit an offence—but if married and accompanied by the wife or husband, the person would not be committing an offence. “They could drink with impunity,” said Mr Marshall. The Attorney-General (Mr Mason): Yes.

Mr Marshall: It is a Strange distinction. Mr Mason: Not at all. Mr Marshall said some people married when they were very young, and he could not see the logic of the provision. The provision to permit a person under 21 to drink in a public place if accompanied by a parent was more logical, but the provision for a “person acting as a parent” prompted Mr Marshall to ask: “Imagine how many acting parents there will be in places like Hastings.” Mr R. M. Algie (Opposition. Remuera): The term “in loco parentis” will have a very significant definition. “Hasty” Legislation

Mr Marshall said it was loose law, like that before the House, that created work for the lawyers. He was not concerned with that, but he was concerned that laws should have a fair and certain application. “This sort of loose wording leads to injustice. In one place a person may get off, and in another place re may be contacted,” he said. "Any person sitting down beside a road for a drink with his lunch can be convicted under this.”

The net was being cast so wide that it would catch people that were never intended to be caught —ordinary law-abiding, decent citizens. The legislation was hasty and he suggested that it should be looked at again.

The Minister of Police (Mr Connolly) said the bill contained the three leading recommendations emanating fn>m a recent conference of officers in charge of the 15 police districts. “They wanted their hand strengthened for on the spot determination,” he said. “The police wanted power to arrest so that delinquents could be brought before the Courts more quickly.” Other recommendations. he added, were still under consideration and an additional clause would be brought into existing legislation before the session ended. Mr Connolly detailed the incidence of delinquency officers had reported to the conference for the period from May 31 until September 30 this year. Hooliganism In City Only in Auckland and Christchurch had any increase 'in hooliganism been reported, said Mr Connolly, when he gave the House the following police reports on delinquency in various districts. Whangarei.— No delinquency problem. Auckland.— The incidence is tending to decrease in the city with varying trends in the suburbs. There was possibly a slight increase over the previous 12 months.

Hamilton.—The city was free but there were incidents on a minor scale in outside districts. Gisborne.— No increase compared with the previous 12 months. Napier.— Practically no trouble of any consequence for a long period, except at the Hastings blossom festival New Plymouth.— A decrease,

with organised gang hooliganism lacking in the area. Wanganui.— Various minor incidents, but it was felt there was a slight decrease towards the end of the 12-month period. Palmerston North. Firm measures were introduced by the police and over the last four months there was only one incident.

Wellington.— Hooliganism in the district has decreased. Nelson.— On the decline. Greymouth.— No increase. Christchurch.— An increase of arrest cases for hooliganism—s 7 for the year, compared with 30 the . year previously. I Timaru.—A decrease with delinquency contained at a low level.

Dunedin.— Constant. Invercargill.— A decreasing rate over 12 months.

Mr J. H. George (Opposition. Otago Central) blamed too much money and liquor for the incidence of hooliganism. Apprentices to trainers by the law of the Racing Conference received only part of their wages and the balance when their apprenticeships were completed. They could then set themselves up or acquire a home. “Something along these lines would be helpful for many other young people in trades and industries,” said Mr George. “Wide Definition” Mr Mason said it was well known that the definition of a public place was very wide. “I think that drinking in hotel lounges is sufficiently taken care of in the licensing law. We can conveniently make an exception there, that a public place does not include licensed premises. It is purposely wide, of course,” said Mr Mason. Drink was such an element of disorderly conduct that by aiming at drink they secured the element of good order, said Mr Mason. The police considered that to be very important indeed, and few would contradict it. Asked by Mr Harker about a married couple both under 21 drinking in a public place, Mr Mason said that the common bond between the couple was not the bond that bound together a gang. Mr Harker: Could it be a case of a common bottle? Mr Mason said the problem really was that young people saw that adults were not observing the laws that they themselves had made.

Post Office Bill Put Through Committee (New Zealand Press Association) WELLINGTON, October 21. The House of Representatives today completed the debate on the committee stages of the Post Office Amendment Bill, which provides for the establishment of a system of paying accounts through the Post Office.

Faith in the ability of the Post Office to establish and handle the system was expressed on the Government side.