If we think it is fear [that makes people behave themselves], then wewill advocate more <strong>and</strong> more punishment. But if we think otherthings motivate people to be good citizens, we need to address howwe can rebuild our communities, <strong>and</strong> how we can deal with the widerjustice issues in this country.(New Zeal<strong>and</strong> Parliament, 2002b: Par. 5)Suggestions about community intervention strategies (or related issues ofreintegration <strong>and</strong> rehabilitation) were given little attention. ‘Reintegration’ was onlymentioned on 64 occasions, the vast majority of which (61/64) were brought to thedebate by leftwing or centre left politicians. This illustrates the change in penalmood in New Zeal<strong>and</strong>. Penal discourse was no longer focused on the reformation ofthe prisoner, or on expert oriented analysis, but was instead based on punitivity <strong>and</strong>its ability to fulfil public expectations.The Growth of the PrisonNonetheless, New Zeal<strong>and</strong>’s imprisonment rate, which had grown to one of thehighest in the OECD, second only behind the United States, came to increasingprominence in 2006. The Labour government had underestimated the force that thepunitive penal environment would have on judges, who were already sentencingoffenders to lengthier sentences. Previously, judges had been warned to take note ofpublic expectations whilst sentencing, with Justice Minister Phil Goff stating that‘public opinion does not take kindly to being ignored’ (Bain, 2000a: 1). As a resultof growing pressures, <strong>and</strong> a lack of sentencing alternatives, judges were imposingincreasingly lengthy sentences in a bid to meet public expectations. Thus, while in1985 there were only 10 prisoners on preventive detention in New Zeal<strong>and</strong> (Hurd,2008), the number in 2009 is 215 (Koubaridis, 2009). Further, a Ministry of Justicereport noted that ‘minimum nonparole periods of more than 10 years have beenmore commonly imposed on life sentences than previously’ (Ministry of Justice,2008: 112). One particular case resulted in a 33 year nonparole term for triplemurder, the longest nonparole sentence issued in New Zeal<strong>and</strong> (R v Bell, 2002).In addition, the pressure to incapacitate had become even more prominent, withjudges increasingly using custodial sentences over other sanctions due to a lack ofavailability of community sanctions (Ministry of Justice, 2008). The Sentencing Act76
had removed suspended sentences as well as community programmes, whilstperiodic detention <strong>and</strong> community service were combined to create the sentence ofcommunity work (Ministry of Justice, 2002a). As was noted in the Ombudsman’sreport on the criminal justice sector,[b]etween 1991 <strong>and</strong> 2001, community based sentences rangedbetween 33.8% <strong>and</strong> 30.1% of all sentences. In 2004 <strong>and</strong> 2005 theequivalent figures were 25.2% <strong>and</strong> 25.7%. Custodial sentences forthe same periods ranged from 7.3% to 8.2% between 1991 <strong>and</strong> 2001,<strong>and</strong> were 9.4% <strong>and</strong> 9.6% of all cases for 2004.(Smith, 2007: 49)The inference clearly is that the populist climate that existed around penal policymeant there was extreme public pressure on the judiciary to keep the communitysafe. This then resulted in the greater <strong>and</strong> lengthier use of imprisonment.Consequently, prison numbers climbed by 321 over 2002/2003, followed by anadditional 497 prisoners in 2003/2004 <strong>and</strong> 544 in 2004/2005 (Department ofCorrections, 2006; Ministry of Justice, 2008). As a result of rising imprisonment, thegovernment made plans to build four new prisons by 2006 which were to house anextra 1480 inmates (Department of Corrections, 2003). Due to the continual growthin prison numbers, the Department of Corrections was dealing with full capacityprisons on a daily basis.In this punitive environment, one aspect that received very little political discussionwas the government’s commitment to approach the problem from ‘both ends ofoffending’ (New Zeal<strong>and</strong> Parliament, 2001b: Par. 4). A report released by thegovernment entitled ‘About Time’ was intended to be a corresponding package withthe Sentencing <strong>and</strong> Parole Acts (Department of Corrections, 2001). This report wasintended to curb ‘the evergrowing numbers who go into prison’ by concentratingon, amongst other things, the early prevention of crime in New Zeal<strong>and</strong> (NewZeal<strong>and</strong> Parliament, 2001b: Par. 4). While the government briefly acknowledged itscommitment to crime intervention, it was noted by the Minister of Corrections thatthe initiatives would be implemented only when the government had ‘earned thetrust of the people’ (assuming this was to be done by way of punitive policies) (NewZeal<strong>and</strong> Parliament, 2001b: Par. 4). Therefore, it was as if the government was77
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AcknowledgementsWriting this thesis
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ContentsAbstract ..................
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IntroductionIn September 2007, New
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Thereafter, the Labourled coaliti
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Postwar Security and Penalwelfa
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the exterior of electoral politics,
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social conditions, towards that whi
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penal policy development where they
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implementation of this legislation.
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increasingly aware of crime, gainin
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immigration was considered a threat
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- Page 35 and 36: Changes in New Zealand mediaThe dif
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- Page 53 and 54: that New Zealanders have been expos
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- Page 57 and 58: Sympathy, empathy, commiseration an
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- Page 99 and 100: emained insecure and overtly puniti
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- Page 105 and 106: main determinants are addressed. As
- Page 107 and 108: Atkinson, J. (2002). Structures of
- Page 109 and 110: Bureau of Justice Statistics (2008b
- Page 111 and 112: Cullen, P., & Lloyd, C. (1991). Lob
- Page 113 and 114: Department of Statistics (N.Z) (199
- Page 115 and 116: Hall, G., & O'Driscoll, S. (2002).
- Page 117 and 118: Johnson, R. J., & Ogloff, J. R. P.
- Page 119 and 120: Maguire, M. (2002). Crime data and
- Page 121 and 122: Ministry of Justice (2002a). Senten
- Page 123 and 124: New Zealand Parliament (1993a). Cri
- Page 125 and 126: asket.co.nz.helicon.vuw.ac.nz/searc
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O'Conner, D. (2006). Effective Inte
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Prisoners in line for waist restrai
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Sentencing Amendment Act. (2007). R
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http://www.stats.govt.nz/products
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contours of New Zealand (pp. 1111