✨ Borstal Institutions Regulations
July 23.] THE NEW ZEALAND GAZETTE. 2123
Regulations under the Prevention of Crime (Borstal Institutions Establishment) Act, 1924.
CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 20th day of July, 1925.
Present:
HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.
IN pursuance and exercise of the powers conferred on him by the Prevention of Crime (Borstal Institutions Establishment) Act, 1924, His Excellency the Governor-General of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby make the regulations hereinafter set forth, and doth hereby declare that such regulations shall come into force on the first day of August, one thousand nine hundred and twenty-five.
REGULATIONS.
INTERPRETATION.
- IN these regulations, unless a contrary intention appears,—
“ The said Act ” means the Prevention of Crime (Borstal Institutions Establishment) Act, 1924 :
“ Minister ” means the Minister of Justice :
“ Controller-General ” means the Controller-General of Prisons :
“ General Instruction ” means a general instruction issued by the Controller-General pursuant to these regulations :
“ Institution ” means a Borstal Institution proclaimed under the said Act :
“ Inmate ” means a person, of either sex, detained in a Borstal Institution under the provisions of the said Act :
“ Board ” means the Parole Board appointed under these regulations.
ADMINISTRATION.
- (1.) The Controller-General shall be directly responsible to the Minister for the control and management of Institutions.
(2.) The Controller-General may from time to time issue general instructions, not inconsistent with the provisions of the said Act or of these regulations,—
(a.) Prescribing rules for the control and management of Institutions or of any particular Institution ; and
(b.) Prescribing the duties of officers of Institutions and of Inspectors appointed under these regulations ; and
(c.) Making provision for other matters in respect of which he is by these regulations empowered to issue general instructions.
OFFICERS OF BORSTAL INSTITUTIONS.
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(1.) There shall be appointed for every Institution a principal officer in charge who shall be designated the Superintendent. The Superintendent shall, in the case of Institutions established for women or girls, be a woman.
(2.) The Superintendent shall, subject to the direction of the Controller-General, have full control of the Institution with respect both to the working-staff and to the inmates, and shall be responsible for the proper care of the inmates and for their detention within the boundaries of the Institution.
(3.) The Superintendent may, with the approval of the Controller-General, make rules, not inconsistent with the provisions of the said Act, or of these regulations, or of any general instructions, to be observed by inmates of the Institution. -
(1.) There shall also be appointed for every Institution an officer to be designated the Deputy-Superintendent, who shall rank next to the Superintendent, and an officer to be designated the Principal Officer, who shall rank next to the Deputy-Superintendent.
(2.) In the absence from the Institution of the Superintendent the Deputy-Superintendent shall have charge of the Institution, and for that purpose shall have the same powers, duties, and responsibilities as the Superintendent. -
There shall be appointed for each Institution a duly qualified medical officer, who shall be directly responsible to the Controller-General for adoption of all reasonable means to maintain the health of the inmates and for the sanitation of the Institution.
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(1.) All subordinate officers of an Institution shall be designated Borstal Officers.
(2.) Borstal Officers shall perform such duties as may be assigned to them by general instructions or by the Superintendent, and shall obey all lawful orders of any superior officer.
INSPECTION OF INSTITUTIONS.
- The inspection of Institutions shall be carried out by an officer or officers appointed for that purpose, and every officer shall be directly responsible to the Controller-General for the due performance of his duties.
VISITING COMMITTEE.
- (1.) The Minister may appoint in respect of any Institution a Visiting Committee of not more than six persons, and shall fix the number that shall form a quorum at all meetings thereof.
(2.) Every member of a Visiting Committee shall hold office for such period, not exceeding three years from the date of his appointment, as the Minister may determine :
Provided that a member may be removed from office by the Minister at any time during such period and that any person may, on the expiration of any period for which he has been appointed a member of a Visiting Committee, be reappointed for a further period.
(3.) The Minister shall appoint one of the members of the Visiting Committee to be the Chairman thereof.
(4.) The Chairman shall convene all meetings of the Visiting Committee. No business shall be transacted at any meeting unless a quorum is present.
(5.) The Visiting Committee shall exercise such powers and perform such duties as are prescribed by these regulations or by the Minister.
(6.) All recommendations of the Visiting Committee to the Minister or the Board shall be transmitted through the Controller-General.
RECEPTION OF INMATES.
- (1.) Forthwith on the making of an order for the detention of any person in an Institution arrangements shall be made for his removal thereto, and, pending the same, he shall be kept in the prison, police gaol, or police-station nearest the Court in which such order of detention was made.
(2.) While any person is so kept as aforesaid in any prison, police-gaol, or police-station he shall so far as possible be kept apart from prisoners.
TRANSFERS TO INDUSTRIAL SCHOOLS.
- If at any time the Minister is satisfied that any person transferred to an Institution from an industrial school pursuant to section thirteen of the said Act is unsuitable for detention in an Institution he may order his return to an industrial school.
CLASSIFICATION.
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Well conducted inmates of an Institution shall be classified into three grades, which shall be known as the Probationary Grade, the Higher Grade, and the Special Grade.
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Every person ordered to be detained in an Institution or transferred thereto from an industrial school, reformatory home or reformatory institution, or prison shall on his reception into the Institution be placed in the Probationary Grade.
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(1.) The time to be spent in each grade by inmates, the method of promotion from the Probationary Grade to the Higher Grade, and from the Higher Grade to the Special Grade, or of reduction in grade, and the privileges of each grade, shall be prescribed by the Controller-General by general instruction.
(2.) The privileges of the various grades shall be so prescribed that they shall be on an ascending scale from the Probationary Grade through the Higher Grade to the Special Grade. -
Well conducted inmates in the Special Grade may be selected by the Superintendent for work in places of trust in the Institution. Those selected shall be placed in a special subdivision of the Special Grade to be known as the Star Special Grade.
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(1.) In addition to the grades herein before prescribed, there shall in every Institution be a punishment grade, to be known as the Penal Class, which shall comprise such inmates as the Superintendent places therein on the ground that they exercise a bad influence on other inmates, and shall also comprise such other inmates as are placed therein pursuant to these regulations.
(2.) The treatment of inmates in the Penal Class shall be prescribed by the Controller-General by general instruction.
EMPLOYMENT AND EARNINGS.
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Inmates of an Institution shall be employed at such labour as may be assigned to them by the Superintendent.
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At the end of every day on which he is so employed an inmate who has satisfactorily carried out the duties
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VUW Te Waharoa —
NZ Gazette 1925, No 53
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NZ Gazette 1925, No 53
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⚖️ Regulations under the Prevention of Crime (Borstal Institutions Establishment) Act, 1924
⚖️ Justice & Law Enforcement20 July 1925
Borstal Institutions, Regulations, Crime Prevention, Justice, Prisons
- Charles Fergusson, Governor-General