Archaeological evidence indicates that New Zealand was populated by fishing and hunting people of East Polynesian ancestry perhaps 1,000 years before Europeans arrived. Known to some scholars as the Moa-hunters, they may have merged with later waves of Polynesians who, according to Maori tradition, arrived between 952 and 1150. Some of the Maoris called their new homeland "Aotearoa," usually translated as "land of the long white cloud."

In 1642, Abel Tasman, a Dutch navigator, made the first recorded European sighting of New Zealand and sketched sections of the two main islands' west coasts. English Captain James Cook thoroughly explored the coastline during three South Pacific voyages beginning in 1769. In the late 18th and early 19th centuries, lumbering, seal hunting, and whaling attracted a few European settlers to New Zealand. In 1840, the United Kingdom established British sovereignty through the Treaty of Waitangi signed that year with Maori chiefs.

In the same year, selected groups from the United Kingdom began the colonization process. Expanding European settlement led to conflict with Maori, most notably in the Maori land wars of the 1860s. British and colonial forces eventually overcame determined Maori resistance. During this period, many Maori died from disease and warfare, much of it intertribal.

Constitutional government began to develop in the 1850s. In 1867, the Maori won the right to a certain number of reserved seats in parliament. During this period, the livestock industry began to expand, and the foundations of New Zealand's modern economy took shape. By the end of the 19th century, improved transportation facilities made possible a great overseas trade in wool, meat, and dairy products.

By the 1890s, parliamentary government along democratic lines was well-established, and New Zealand's social institutions assumed their present form. Women received the right to vote in national elections in 1893. The turn of the century brought sweeping social reforms that built the foundation for New Zealand's version of the welfare state.

The Maori gradually recovered from population decline and, through interaction and intermarriage with settlers and missionaries, adopted much of European culture. In recent decades, Maori have become increasingly urbanized and have become more politically active and culturally assertive.

New Zealand was declared a dominion by a royal proclamation in 1907. It achieved full internal and external autonomy by the Statute of Westminster Adoption Act in 1947, although this merely formalized a situation that had existed for many years.

Today, New Zealand is a parliamentary democracy, with executive authority vested in a 20-member cabinet led by the Prime Minister. Queen Elizabeth II is Chief of State and is represented by Governor General Dame Silvia Cartwright. The 120-member Parliament is elected in a mixed-member proportional representation system, with 6 seats reserved for members of the native Maori population. Citizens periodically choose their representatives in free and fair multiparty elections. The judiciary is independent.

SOCIO-ECONOMIC SYSTEM

The country has a population of approximately 3.8 million; it produces agricultural products and exports wool, meat, and dairy products. Tourism, forestry, fishing, and manufacturing are significant economic sectors. Disparities in wealth are small but increasing. Government social programs offer substantial benefits to disadvantaged persons.

CRIMINAL CODES

The current New Zealand criminal justice and legal systems have their foundation in the British colonization of New Zealand, culminating in the signing of the Treaty of Waitangi between the Crown and many of the indigenous Maori chiefs in 1840. The treaty had the effect of transplanting the English legal system, including its criminal law, to the new imperial settlement. Although a parallel indigenous justice system remained in place for a short while, the subjugation of the Maori during the second half of the nineteenth century virtually obliterated their own concepts of law and justice.

Despite the pervasiveness of concepts of liberty and egalitarianism, New Zealand has in recent years undergone significant social and economic restructuring which has affected the way in which these concepts are translated into practice. Unemployment and poverty have become increasingly visible, urban areas have become more racially mixed as immigration from the Pacific Islands, Asia and rural areas has accelerated and the historically extensive welfare system has been steadily dismantled. Consequently, many economic and racial inequalities which could be largely concealed in times of prosperity and full employment have become more apparent.

The criminal law itself has been codified since the Criminal Code Act 1893, so that all substantive offenses are contained in legislation. The main statute governing the more serious crimes is the 1961 Crimes Act, while the 1981 Summary Offenses Act now contains a variety of lesser offenses and other enactments such as the Misuse of Drugs Act of 1975, the Transport Act of 1962 and the subsequent Arms Act of 1983. However, notwithstanding the codification of the substantive criminal law, many procedural and evidential rules, general principles of criminal liability and criminal defenses are still derived from the common law and developed through judicial precedent.

Contemporary sentencing and penal policy, which is now covered by the provisions of the Criminal Justice Act of 1985, can be traced back to the Criminal Justice Act of 1954. The policy's objectives are "to protect the community from violent offenders, to create a more cost-effective criminal justice system with an increased emphasis on community participation and decision making, to provide for the needs of victims through the sentence of reparation, and to discourage the use of imprisonment for property offenders and other minor offenders."

Three other statutory enactments have had a significant impact on the operation of the criminal justice system in New Zealand. The first of these is the Bill of Rights Act of 1990 which enshrines in law certain basic rights and freedoms, including the right to a fair trial, the right to be secure against unreasonable search or seizure and the right of access to legal counsel. Secondly, the Privacy Act of 1993 works to limit the access and use of law enforcement information to specified bodies, persons and organizations and for certain stipulated reasons. Finally, the Police Act of 1958 regulates the functions and operations of the New Zealand police.

The legal classification of crimes is a complex one. There is a basic underlying distinction between indictable offenses, which may be tried before a judge and jury, and summary offenses, which are tried before a judge alone. However, this distinction has been the subject of a number of modifications over the years, most recently by virtue of the Courts Amendment Act of 1991. As a result, there are now six categories of offenses, which are as follows: 1) Purely summary offenses which are triable only before a judge alone in the District Court. These offenses are relatively minor and carry a penalty of three months' imprisonment or less; 2) Electable offenses, which can be tried summarily or on indictment in the District Court at the election of the accused. These offenses would otherwise be summary, but actually carry a maximum penalty of more than three months' imprisonment. They are comparatively rare, but include common assault and the possession or use of cannabis; 3) Hybrid offenses can be tried summarily or on indictment in the District Court. These offenses are listed in Schedule 1 to the Summary Proceedings Act of 1957 and include the majority of offenses against persons and property in the Crimes Act of 1961; 4) District Court purely indictable offenses can be tried only on indictment before a judge and jury in the District Court and include corruption, bestiality, aggravated robbery, aggravated burglary and arson.; 5) Offenses indictable at the High Court or District Court are generally triable by indictment in the High Court but may be triable on indictment in the District Court at the discretion of a High Court judge after considering the gravity of the offense, the complexity of the case and the general interests of justice. These offenses include rape, grievous bodily harm and kidnapping; 6) High Court purely indictable offenses are triable only on indictment before a judge and jury in the High Court and include murder and manslaughter.

The age of criminal responsibility is 10. However, by virtue of the Crimes Act of 1961 and the Children, Young Persons and Their Families Act 1989, a child between the ages of 10 and 13 cannot be prosecuted for any offense other than murder and manslaughter, and cannot be convicted for murder or manslaughter unless he or she knew either that the act or omission was morally wrong or that it was contrary to law. The result is that prosecutions of children under the age of 14 are very rare.

Drug offenses in New Zealand are contained in the Misuse of Drugs Act 1975. Under this legislation, illegal drugs are classified into three types of controlled drugs. Class A drugs are the most serious and potentially harmful and include cocaine, heroin, lysergic acid, thalidomide and a range of powerful chemically produced substances. Class B controlled drugs encompass morphine, opium, cannabis preparations (e.g. hashish, hash oil), methadone and other manufactured chemical compounds such as amphetamines. Finally, Class C drugs, deemed the least dangerous, include cannabis fruit, cannabis plant, cannabis seed, coca leaf, barbiturates and other manufactured products.

The Misuse of Drugs Act of 1975 makes it illegal to import or export, produce or manufacture, sell, cultivate, supply or administer any controlled drug, except as permitted under the Act for medical treatment and the like. The penalties for dealing in controlled drugs are substantially more severe than those for possession and use. An offender is liable to a maximum penalty of life imprisonment for dealing in Class A drugs, 14 years' imprisonment for dealing in Class B drugs and 10 years imprisonment in dealing in Class C drugs. By contrast, the possession or use of Class A drugs attracts a maximum penalty of only six months' imprisonment and the possession or use of any other drugs carries a maximum penalty of only three months imprisonment.

INCIDENCE OF CRIME

The crime rate in New Zealand is high compared to other industrialized countries, with the noted exception of the murder rate. For purpose of comparison, data were drawn for the seven offenses used to compute the United States FBI's index of crime. Index offenses include murder, forcible rape, robbery, aggravated assault, burglary, larceny, and motor vehicle theft. In the UN reports, murders are referred to as "intentional homicides." Aggravated assaults are referred to as "major assaults," and larcenies are referred to as "thefts." According to the United Nations Seventh Annual Survey on Crime, crime recorded in police statistics shows the crime rate for the combined total of all Index crimes in New Zealand to be 5773.43, per 100,000 inhabitants in 2000. This compares with 1951.92 for Japan (country with a low crime rate) and 4123.97 for USA (country with high crime rate). For intentional homicides, the rate in 2000 was 1.17 for New Zealand, 0,.50 for Japan, and 5.51 for USA. For major assaults, the rate in 2000 was 101.73 for New Zealand, compared with 34.04 for Japan, and 323.62 for USA. (Note these data for Japan are for total recorded assaults, since Japan did not report a figure for major assaults.) For rapes, the rate in 2000 was 22.48 for New Zealand, 1.78 for Japan, and 32.05 for USA. For robberies, the rate in 2000 was 46.33 for New Zealand, 4.07 for Japan, and 144.92 for USA. For automobile theft, the rate in 2000 was 574.08 for New Zealand, 243.81 for Japan, and 414.17 for USA. The rate of burglaries for 2000 was 1714.39 for New Zealand, 233.45 for Japan, and 414.17 for USA. The rate for thefts in 2000 was 3313.25 for New Zealand, compared with 1434.27 for Japan and 2475.27 for USA. (Note that USA data were those reported to INTERPOL for year 2000, since USA has not yet reported this data to UN.)

TRENDS IN CRIME

Between 1995 (Sixth Annual Survey) and 2000 (Seventh Annual Survey) the rate for all recorded Index offenses decreased from 7398.22 to 5773.43 per 100,000 in New Zealand, a decrease of 22%. The rate of intentional homicide increased from 1.09 to 1.17, an increase of 7.3%. However, the rate for major assaults decreased from 472.83 to 101.73, a decrease of 78.5%. The rate of rape decreased from 24.42 to 22.48, a decrease of 7.9%. The rate for robberies decreased from 50.11 to 46.33 per 100,000, a decrease of 7.5%. The rate for automobile theft decreased from 847.1 to 574.08, a decrease of 32.2%. The rate of burglaries decreased from 2154.48 to 1714.39, a decrease of 20.4%. Thefts decreased from 3848.19 to 3313.25, a decrease of 13.9%.

LEGAL SYSTEM

The legal system of New Zealand is based on English law, with special land legislation and land courts for Maoris.

The New Zealand court structure is based on a three-tier hierarchy, consisting of the District Court, High Court and the Court of Appeal. There is also an infrequently exercised right, of final appeal to the Privy Council in London.

Consistent with New Zealand's common law heritage, criminal trials are primarily adversarial in nature. In theory, the judge or jury is a neutral and independent adjudicator of the facts and that adjudication is limited only to consideration of the evidence presented by the parties at the trial. In practice, however, the adversarial process has been subject to significant modification. For example, an extensive police pre-trial diversion scheme is in operation. Also, the majority of cases that go to court often result in guilty pleas without scrutiny of the evidence. Those cases that do proceed to a defended hearing are often the subject of disclosure of the evidence and pre-trial conferences that define the issues in dispute. Moreover, in relation to youths under the age of 17, the Children, Young Persons and Their Families Act 1989 has instituted a radical new system which is largely non-adversarial in nature. The vast majority of young offenders are dealt with outside the formal court system by way of a relatively informal justice process involving extensive participation by the family, the community and the victim.

POLICE

The New Zealand police are a civil force administered nationally under the command of a single Commissioner of Police and entirely independent of the military structure. For operational purposes, they are divided into six regions, each under the control of an Assistant Commissioner. Below the rank of Assistant Commissioner, there are four ranks in the chain of command - superintendent, inspector, senior sergeant and constable. Legally, the authority of a police officer is derived from the common law office of constable and is thus original rather than delegated. In accordance with that original authority, the police oath which is contained in the Police Act of 1958 simply requires the police to preserve the peace, to prevent offenses against the peace, and to discharge their duties in these respects impartially and according to law. In addition to that general authority, police officers have a number of specific powers provided by statute, and they are accountable to the Commissioner of Police and the courts for the exercise of those powers. By virtue of Regulation 7 of the Police Regulations of 1959, the Commissioner of Police is responsible to the Minister of Police for "the general administration and control of the police". The Commissioner of Police is required to ensure that all police officers "discharge their duties to the government and the public satisfactorily and efficiently". While there is some dispute about what is meant by "general administration and control", the generally accepted convention, based on the original rather than delegated authority of the office of constable, is that the Commissioner is not subject to political direction or control in relation to operational or law enforcement matters, including operational policy. The Minister is able to have some influence over law enforcement priorities and other operational policies through the budgetary process, but that influence is at a fairly general and indirect level. Aside from the police, there are several other agencies responsible for law enforcement. These are generally administered on a national basis under the control of a Minister of the Crown and include the enforcement activities of Customs, Social Welfare and Inland Revenue Departments, the Ministry of Agriculture and Fisheries, and the Serious Fraud Office.

Although the police prefer applicants for the job to have some formal school qualifications, they will accept applicants with no such qualifications provided that they pass the police entrance examination, which consists of a mental ability test and an English comprehension test. After passing exams and before being accepted as a full constable, recruits must undergo a full time, live-in, six month training course at the national Police College. This college is operated by the police themselves. Most of the instruction is provided by sworn police officers. Specialty components of the course are taught by relevant experts. After graduation, an 18 month probationary period begins, during which 21 in-service training modules must be passed. If the modules are passed, the probationary constable receives a permanent appointment as a fully qualified constable at the end of two years, otherwise, he or she is discharged.

Police have limited powers to stop and search persons and vehicles, notably for drugs, offensive weapons or firearms, and to stop vehicles or set up road blocks to arrest a person who is unlawfully at large or who has committed an offense which carries a prison sentence. When a suspect is found at the crime scene or is detected in the course of subsequent investigations, or where the police detect an offense in progress, the attending officer must decide whether to take formal action. The officer has several options. The officer can opt for an informal disposition or clearance as no offense. If the offense has not been recorded, the offender can be dealt with informally without the need to generate any formal procedure. If the offense is minor and an offender is located it can be cleared by a warning or a formal caution. There are no departmental guidelines or rules that the officer must follow in deciding whether to administer a warning. Overall warnings and formal cautions make up a little under 20% of total clearances, although there is considerable variation between individual districts. However, the most common response to an offense where a suspect is detected is prosecution. Although only 19% of recorded offenses result in prosecution, nearly half (49%) of cleared offenses do so. There are four methods of initiating a prosecution. First, the prosecution process can be initiated by arresting and charging the suspect, occurring in the majority of cases. Although police may obtain a warrant to make an arrest, this action is taken infrequently. The vast majority of arrests occur without a warrant. Police have a general power to arrest persons without a warrant if there is good cause to suspect them of having committed a breach of the peace, an offense carrying a prison sentence, or a specific offense that is non-incarcerative, but for which the power of arrest is appropriate. Instead of arrest, suspects may be summoned to appear in court on a designated date to answer the charge. Also, where an arrest is made, the arrested person can be released following arrest and issued with a summons instead. The Minor Offense Notice is the legislatively preferred procedure for offenses where the maximum penalty does not exceed a $500 fine and involves the offender being sent a notice of the offense through the mail and having the opportunity of paying a standard fine administratively as an alternative to prosecution. Its use is largely confined to traffic offenses and liquor offenses.

The police may obtain a warrant to search premises where there are reasonable grounds for believing that evidence of an imprisonable offense is located. In relation to some warrants such as those obtained under the Misuse of Drugs Act 1975, this extends to the search of persons found on the premises. In addition, the police have more limited powers to enter premises without a warrant to search for drugs or firearms or to prevent the commission of an offense which is likely to cause serious and immediate injury to person or property. In relation to suspects in custody, the police are permitted to search their person by force, if necessary.

Where a confession or incriminating statement has been obtained in breach of the New Zealand Bill of Rights Act of 1990, there is a prima facie exclusionary remedy. Under this Act, inter alia, everyone has the right not to be arbitrarily arrested or detained, and if arrested or detained, is to be informed of the right to silence and the right to consult and instruct a lawyer without delay. At the discretion of the trial judge, any confession or incriminating evidence that has been obtained unfairly may be excluded from the official body of evidence.

Complaints against the police are generally investigated internally. An independent Police Complaints Authority also exists to intervene and deal with complaints. The Authority is able to receive complaints of police misconduct or neglect of duty and of any practices, policies or procedures affecting complainants. It also has a limited own motion power of investigation in cases of death or serious bodily harm. The Authority can investigate the complaint itself, oversee the police investigation, take no action or wait for the police report on the matter. In addition, it can review completed investigations and direct the police to reopen any investigation or to consider any proposals it might make for action on a complaint.

Today, as described above, the national police maintain internal security, and the Minister of Police controls the force. The civilian authorities maintain effective control of the security forces. The police committed some abuses during the year 2001.

The law prohibits torture and other forms of mistreatment, and the Government generally respects these prohibitions in practice.

Charges of police abuse increased slightly from 2000, and there were instances of police abuse during the year 2001. The Police Complaints Authority accepted 2,468 complaints in 2000-01, which was a 1.64 percent increase over the previous year; however, the number of cases upheld declined by over 5 percent (from 159 to 150). There were only 3 cases of police misconduct in 2000 that involved deaths, down from 11 in 1999 and 21 in 1997-98. In another case, in May 2000, a police officer fatally shot a Maori youth, leading public officials, including the Prime Minister, to urge better police-Maori relations. The officer, also of Maori descent, was found by an internal police investigation in August 2000 to have acted in self-defense and was exonerated. The case continued during the year 2001 as the officer sought to protect his identity from the public; however, in October the officer lost his court bid to maintain his privacy. There were no further investigations during the year 2001.

COURTS

If the offense is punishable by more than three months imprisonment and is ordered summarily, the accused has the right to elect trial by jury. Beyond this, the accused's ability to influence or determine the nature of the charges or form of trial is limited. There is no public defender system in New Zealand, although there are plans to establish one on a limited basis. There is, however, an offenders' legal aid scheme under which defendants who cannot afford to pay for private legal representation are assigned a lawyer from a roster to represent them. Lawyers on the roster work in private practice, with their fees in legal aid cases being paid by the government according to a scale fixed by regulation.

Suspects are generally brought to trial as a result of police investigation, followed by arrest and charge or by the issue of a summons or minor offense notice. In arrest cases, all initial prosecution decisions are made by the arresting officer. Those decisions are then reviewed, although only rarely modified or reversed, by a "line supervisor" and by the Police Prosecutions Section. Where the summons or minor offense notice procedure is being used, the police officer in charge of the case prepares a report for his or her line supervisor with a recommendation as to charge. The supervisor then endorses the recommendation or modifies it as he or she deems appropriate. Files containing recommendations in favor of prosecution are then sent to the Police Prosecutions Section for final decision. Police prosecutors rarely reverse a recommendation in favor of prosecution if they are satisfied that the recommended charge can be proved. In respect of charges laid on indictment, there is a preliminary hearing to determine whether there is a prima facie case justifying a trial. That preliminary hearing is held before Justices of the Peace or, in the case of a more serious charge, a District Court Judge.

In summary cases, and at the preliminary hearing of charges laid on indictment, prosecutions are generally conducted by police officers who are assigned to Prosecution Sections for about two years. Some of them stay for an extended period or on a semi-permanent basis. Police prosecutors do not receive any additional legal training but they do attend in- service training courses on aspects of prosecution work, which are run by officers from the Police Legal Section.

Prosecutions on indictment, whether in the District Court or the High Court, are undertaken primarily by local Crown counsel or by a member of the firm to which the Crown counsel belongs. Crown counsel also appear for the prosecution at the preliminary hearing in homicide cases, and in a few summary trials involving complex legal issues, serious offenses against police and prison officers and cases which raise or are likely to raise allegations of serious police misconduct. Crown counsel are usually senior local practitioners who are warranted to undertake prosecutions on behalf of the Crown. In the main centers, however, there are also panels of lawyers in private practice who, under delegation from Crown counsel, act on occasion for the prosecution. In most cases, Crown counsel have little contact with the case prior to the preliminary hearing or trial. The police have the responsibility to decide on the charges, to prepare the file, and to brief the witnesses.

Occasionally, the prosecution may agree to reduce charges or to modify the summary of facts in exchange for a guilty plea, or to drop certain charges in exchange for a guilty plea on others. However, concessions of this sort tend to be minor and limited to matters which the prosecution believes will make little or no material difference to the eventual sentence. Hence significant formal plea bargaining as a means of resolving cases is not common. The main alternative to the formal criminal justice process is the police pre-trial diversion scheme, which has been in operation since 1989. This involves a decision by the Police Prosecutions Section that the offender should be diverted on particular conditions, which may include an apology to the victim, reparation, a donation to charity, community work and sometimes referral for counseling. This decision is made on the recommendation of the officer in charge of the case after charges have been made. Provided that these conditions are met, the charges are then withdrawn. The bulk of diversion cases involve shoplifting, cannabis possession, theft as a servant and other theft. However, a number of offenders prosecuted for minor assault and willful damage also receive diversion. The proportion of prosecuted cases receiving diversion varies significantly from one area to another. The proportion of cases diverted varied from 7% to 26%. Apart from the formal diversion scheme, some offenders who are perceived by the police to be mentally disordered will be transferred into the mental health system prior to prosecution and detained as a voluntary or committed patient. There is no information on the extent to which this occurs.

The substantial majority of criminal cases are resolved by way of a guilty plea. Excluding cases which are diverted by the police, over 75% of cases result in a guilty plea. The conviction rate in cases that proceed to a defended hearing is a little more difficult to determine, since the official statistics are incomplete. In 1988, the proportion convicted in defended summary hearings was 73%, 68% in District Court jury trials and 79% in High Court jury trials.

The police have no general power to hold a person in custody for questioning prior to arrest and charge. Once arrested, a suspect must be brought before a court "as soon as possible." In large urban areas, the person will usually be brought before the court a day or two following arrest. The time lag may be considerably longer in rural areas.

After a defendant appears in court, the court must decide whether he or she is to be held in custody. There are some restrictions upon the grant of bail in serious violent and drug cases. There are also some minor offenses for which defendants must generally be remanded at large or on bail. Apart from this, the vast majority of defendants charged with imprisonable offenses can be remanded at large, be released on bail, or be put in custody at the discretion of the court.

Of the total prisoners held on October 22 1993, 516 were on remand awaiting trial or sentence, representing 11.5% of the prison population. Overall, the percentage of cases involving a custodial-remand at some stage during the hearing of the case is approximately 13%. The overall custodial-remand rate is about 22% for violent offenses, 12% for offenses against property and drug offenses and about 4% for offenses of disorder and other minor offenses. There can be significant district variation in pre-trial incarceration rates. In 1990, the custodial remand rate in courts with over 1,000 remands per annum ranged from a low of 6.3% to a high of 15.8%.

The major criminal court is the District Court. This is not only the court of summary jurisdiction but, it also handles the majority of cases which proceed to jury trial. Above the District Court is the High Court, which presides over the most serious criminal cases and hears appeals from the District Court against summary conviction and sentence. Above the High Court is the Court of Appeal which hears appeals against convictions and sentences in cases laid on indictment in both the District Court and the High Court. Although the Judicial Committee of the Privy Council in London has discretionary power to grant an appeal against a decision of the New Zealand Court of Appeal in criminal cases, it is rarely given. Hence, decisions of the Court of Appeal are usually final, making the Court of Appeal the paramount judicial body in New Zealand criminal cases.

The only special criminal court is the Youth Court, which is a division of the District Court responsible for handling cases involving youths under the age of 17. However, criminal offenses may emerge in the context of proceedings before other specialist tribunals, such as the Family Court, the Employment Court, the Disputes Tribunal or the Equal Opportunities Tribunal. Although these tribunals have a variety of civil dispositions to deal with unlawful behavior, they cannot impose criminal sanctions.

There are 142 members of the judiciary. The Court of Appeal is made up of seven judges. These include the Chief Justice who is the administrative head of the judiciary, the President of the Court of the Appeal and five remaining High Court Judges appointed by the Governor General as judges of the Court of Appeal. The High Court consists of 32 judges, including the Chief Justice, although the Governor General is empowered to appoint an additional judge or judges as illness or absence requires. In addition, there are six Masters of the High Court who exercise certain summary court powers. In 1993, the first female High Court judge was officially appointed to office. The District Court is limited by statute to 103 judges, including the Chief District Court Judge. As of 1993, it is operating at full staff capacity, which includes 11 women (10.7%), two Sri Lankans (1.9%) and two Maori (1.9%). The remaining judges are male New Zealand Europeans.

Judges are professional lawyers appointed to the bench on a permanent basis by the Governor General on the recommendation of the government. They are drawn from the ranks of the legal profession and, in the case of the High Court, from the senior bar. Members of the judiciary and the legal profession are extensively canvassed before prospective appointees are put forward for consideration. Judicial training is limited. All judges receive some on-going information about the types of sentences being imposed by other courts. Shortly after their appointment, District Court judges have an induction workshop on all aspects of their judicial function. Apart from this, both the District Court and High Court judiciary are largely reliant upon periodic judicial conferences and seminars for training and information.

The sentence is imposed by a single judge. At a defended hearing, the sentence would be determined by the judge who presided at trial. Judges may request a pre-sentence report from a probation officer, a medical or psychiatric professional or any other knowledgeable person. It is common for a pre-sentence report to be obtained when imprisonment or a community based sanction is being considered. The judge may also hear submissions from the prosecutor and from defense counsel. Police prosecutors usually do no more than present a previous conviction list, a victim impact statement and, in the case of a guilty plea, a summary of facts. Crown counsel, on the other hand, often play a more active role, by providing advice to the court. The victim's input into the sentencing process is limited to the information provided by the prosecutor in the victim impact statement. The victim has no right to address the court in person or to provide his or her views on the appropriate sentence. Juries may request leniency when delivering their verdict but do not otherwise provide a view on the appropriate sentence. Under Section 16 of the 1985 Criminal Justice Act, the offender may request the court to receive information about the offender's ethnic or cultural background, the way in which that background may relate to the commission of the offense and the positive effects that background may have in helping to avoid further offending. The court must hear those statements unless it is satisfied that, because of the existence of a mandatory penalty or some other special reason, it would not be of assistance to do so.

There are four types of custodial sentences in New Zealand: 1) Life imprisonment is an indeterminate sentence with a minimum detention period of 10 years. It is the mandatory penalty for murder and the maximum penalty for manslaughter and dealing in Class A drugs. 2) Preventive detention is an indeterminate sentence with a minimum detention period of 10 years. It is available only for a range of specified serious violent and sexual offenses and is specifically designed to protect the community from further offending by removing the offender from the community for a substantial period. 3) Finite sentences of imprisonment are the most commonly prescribed sentences for serious offenses, and are imposed in the vast majority of cases for rape, robbery and serious wounding, in about 50% of arson cases and in about 30% of burglary cases. 5) Corrective training is available for offenders between the ages of 16 and 19 who are convicted of an offense punishable by three or more months imprisonment. Corrective training institutions are boot camp style institutions designed to provide a disciplined way of life and work, together with counseling and training. Since 1993, the courts have had the power to suspend finite sentences of imprisonment of between six months and two years. Unless it would be unjust, a suspended sentence takes effect if an offender is convicted of an offense punishable by imprisonment during the suspension period. Below the level of custodial sentences, there are four community based sanctions which are available for imprisonable offenses and which involve on-going supervision or control in the community. Periodic detention is restricted to offenders over the age of 15 and requires the offender to attend a specified work center to undertake community work for up to 15 hours per week, excluding public holidays, for a period not exceeding 12 months. Offenders may be required to perform community service for a period of 20 to 200 hours as specified by the court. The hours of work must be performed within 12 months. The nature of the work and the times at which it is performed are determined by an agreement between the offender and the community agency for which the work is done, subject to the approval of the supervising probation officer. The sentence of supervision by a probation officer may be imposed for any period between six months and two years. It entails reporting to a designated probation officer as and when required and complying with any other conditions relating to residence, counseling, and employment which may be imposed by the court. Some sentences require the person to attend a specified community program or to be placed in the care of a specified person or agency in the community. The sentencing period cannot exceed 6 months if the program is residential, or 12 months, if the program is non-residential. Community based sanctions of these sorts are imposed in about 45% of all violent offenses and in over 50% of all property offenses. Below community based sanctions are monetary penalties, notably the fine and the sentence of reparation. As a result of economic recession and a change in sentencing patterns, their use has declined in recent years, so that fines and reparations now account for about 20% of sentences for violent offenses and 30% of sentences for property offenses. Below the level of monetary penalties is a range of discharge options, which involve little or no sanction, other than that attaching to the court appearance and conviction itself. The death penalty was abolished for homicide in 1961 and for all other offenses, notably treason, in 1989.

The law provides for an independent judiciary, and the Government generally respects this provision in practice.

Today in New Zealand, there is an impartial judiciary, with the right of appeal to the Privy Council in London, United Kingdom, although this option rarely is invoked. Within the country, the Court of Appeal is the highest appellate court, and it determines appeals from the High Court, which has original jurisdiction for major crimes and important civil claims. The High Court also hears appeals from lower courts and reviews administrative actions. Remaining original jurisdiction rests with 110 judges of the district courts. Special courts include the Employment Court, family courts, youth courts, the Maori Land Court, the Maori Appellate Court, and the Environment Court.

The law provides for the right to a fair trial, and an independent judiciary generally enforces this right.

There were no reports of political prisoners.

CORRECTIONS

As of 1993, there are 20 separate penal institutions. Two of these facilities incorporate separate corrective training institutions for youths 16 to 19 years old. Aside from these two facilities, there are no institutions specifically reserved for young offenders. There are three female institutions, although with a drop in the number of female inmates in recent years, one of them now houses males in a separate wing. Of the 17 institutions specifically designated for males, one is a maximum security institution, nine are medium security and seven are minimum security. Two of the minimum security institutions operate as farms.

There were a total of 8,432 admissions in 1993, of which 1,921 (22.8%) admissions were for drug crimes, 2,530 (30%) were for violent crimes, 561 (6.7%) were for property crimes, and 3,420 (40.5) were for other crimes.

During 1993, the average daily prison population was 4,512, for a rate of 133 per 100,000 population. Daily average statistics by the offenses for which inmates are incarcerated are not available. As of October 22, 1993 there were 142 women in prison representing 3.2% of the prison population. At the time of the last prison census on November 14, 1991, there was a total of 3,537 inmates. Of these, 1,420 (40.1%) inmates were of New Zealand European ethnic origin, 1,519 (43%) were of New Zealand Maori origin, 310 (8.8%) were of Pacific Island origin, and 288 (8.1%) inmates were identified as a mixed or other ethnic origin. The most significant feature of these figures is that, while the New Zealand Maori make up approximately 15% of the population, they comprise 43% of the prison population. In terms of gender, there were a total of 3,416 male inmates, of which 1,373 (40.2%) were New Zealand European, 1,464 (42.9%) were New Zealand Maori, 304 (8.9%) were Pacific Island, and 275 (8%) male inmates were identified as mixed or other ethnic origin. Out of the total of 121 female inmates, 47 (38.8%) were New Zealand European, 55 (45.5%) were New Zealand Maori, 6 (5%) were Pacific Island, and 13 (10.7%) female inmates were identified as mixed or other ethnic origin.

The percentage of sentenced inmates by crime categories on November 14, 1991 were drug crimes, 7.6%, violent crimes 50.8%, property crimes, 24.0%, and other crimes 17.6%.

The New Zealand prison system is comparatively small and administered on a national basis by the Corrections Operations Division of the Department of Justice. There is a total of 2,600 staff of which 1,700 are prison officers, providing a prison officer to inmate ratio of 1:2.6. While an ethnic breakdown of the prison staff is unavailable, 30% of the prison officers are women. No specific qualifications are necessary for appointment as a prison officer. However, potential prison officers must pass a pre-entry examination consisting of basic arithmetic, literacy and comprehension tests. After which, they are inducted into a prison where they complete a six-week, full-time, live-in training course. The cost of operating the prison system is approximately NZ$35,000 per inmate per year. Accordingly, the total expenditure on the prison system per year is around NZ$150,000,000, representing 0.1% of the Gross Domestic Product.

Prisoners serving sentences of 12 months or less are released on remission after one-half of their sentence. Other prisoners are released on remission after two-thirds of their sentence unless a longer minimum term has been imposed by the court. In addition, prisoners serving prison sentences exceeding 12 months are eligible for parole, excluding prisoners convicted of serious violent offenses. Parole eligibility is determined after one-third of their sentence has been served and is subject to standard and special conditions fixed by the Parole Board. Such conditions may include home detention and a residential or non-residential rehabilitation program. Inmates are able to undertake a variety of educational and vocational programs. Other rehabilitation opportunities, including counseling, are offered on a limited basis. Medical treatment is readily available. Weekend home leave and work parole (release for employment on an arranged job during the day) is also available as a privilege to some medium and minimum security inmates, especially inmates nearing the end of their sentence.

Today, prison conditions generally meet international standards; overcrowding no longer is a significant problem. At year's end 2001, the inmate population totaled 5,982 with prison bed capacity of about 6,000. The inmate population is projected to increase to about 6,040 by 2002. During the year 2001, the female inmate population fell 22 percent from 300 in 2000 to 233. There were no reports that women were housed in men's prisons, as had occurred in 2000. Since 1999 the Government has been adding prison beds for women resulting in a total capacity of 344 beds. The Government is responding to overcrowding by building new prisons. In July 2000, the new Auckland Central Remand Prison opened with beds for 360 male inmates. Two other new prisons are scheduled to open in 2002 and 2003. Construction begun during 2000 to improve older prisons in Dunedin and Invercargill was completed during the year 2001.

Assaults in prisons (mostly inmate on inmate) rose from 97 to 120 in 1999-2000; however, suicides declined from 8 to 6. Over 98 percent of prison officers are trained in suicide awareness.

The Government responded to a mid year strike by prison guards by ordering the armed forces to operate prisons; the strike lasted 2 weeks and was resolved by mutually acceptable compromises.

Maori inmates constituted more than half the prison population, although Maori represent only 15 percent of the general population. The Government sought to reduce the problem of Maori recidivism through Maori focus units, which integrate Maori values into the rehabilitation program.

Special problems also exist concerning the treatment of youth offenders. At year's end 2001, 6 percent of the total inmate population was under the age of 20 compared with 18 percent in 1998. Two special units for inmates under the age of 17 and vulnerable 17- to 19-year-olds opened during 2000. They provide a peer-based approach to rehabilitation. In July 2000, the Government announced that it planned to build two new youth units and expand a third, increasing capacity for youth offenders by 142 beds by March; however, conflicts over their locations delayed the targeted completion dates of these facilities. Moreover, despite increases in capacity, a shortage of beds in youth facilities continued during the year 2001. These juvenile detainees come under the jurisdiction of Child, Youth, and Family Services rather than the police. CYFS has a capacity of 100 beds and is seeking an additional 25. In one case, a 15-year-old male was kept in a police cell in Napier for 4 nights in October before there was available space in a youth facility.

The Government permits visits by independent human rights monitors.

WOMEN

Violence against women is a serious and growing problem. Assaults by males against females increased by more than 5 percent from 6,956 for the year as of June 2000 to 7,324 at the end of June. Publicity regarding domestic violence increased significantly after government ministers pressured a women's refuge coordinator in August 2000 not to publicize statistics regarding Maori spousal and child abuse rates. The total number of breaches of the Domestic Protection Act (including all races) increased from 4,200 in 2000 to 4,429 as of June. Over 150 cases involved a firearm when breaching protection orders. According to a 1994 Public Health Commission study (the latest statistics available), Maori women between the ages of 15 and 24 were 7 times more likely than non-Maori women to be hospitalized as a result of domestic assault. According to government statistics, 5,056 men were prosecuted for domestic assault in 1998, and about 1,000 more faced less serious family violence charges. In this study, Maori men constituted 41 percent of men convicted of assaulting a woman and 43 percent of men convicted of assaulting a child. Disproportionately high rates of domestic abuse also were documented among Pacific Islander families. Statistics not desegregated by race show that convictions for "male assaults female" fell 3.9 percent from 2,331 cases in 1999 to 2,240 cases in 2000. Assaults on a child fell 13 percent from 214 cases in 1999 to 186 cases in 2000.

The law penalizes spousal rape. The Government convicted persons on this charge during the year 2001; however, it does not collect specific statistics on the offense. The National Collective of Rape Crisis groups, a private, nonprofit organization, claimed in 1998 that the majority of cases go unreported each year and that, of the cases that are reported to the police, only 10 to 15 percent result in convictions. The group reported that husbands and boyfriends committed about 25 percent of all sexual assaults.

The 1996 Domestic Violence Act broadened the definition of violence to include psychological abuse, threats, intimidation, harassment, and allowing children to witness psychological abuse. It expanded intervention measures, such as the use of protection orders; education programs for men, women, and children; stronger police powers to arrest and detain offenders; improved access to legal services for women eligible for legal aid; and tougher penalties for breach of a protection order. The family court received 22,369 applications for protection orders under the act as of June 30.

The Government's strategy to prevent family violence included a range of objectives, such as providing victim support, incorporating successful innovations and proven methods from family violence centers into the national family violence programs (that is, the promotion of "best practice"), ensuring safety from violence, and implementing Maori-designed and delivered programs. The Government partially funded women's refuges, rape crisis centers, sexual abuse counseling, family violence networks, and violence prevention services.

In previous years, there were a small number of documented cases of female genital mutilation (FGM), which is widely condemned by international health experts as damaging to both physical and psychological health. FGM traditionally is not practiced in the country, but cases have been documented in the Somali, Sudanese, and Ethiopian immigrant communities. The influx of persons from countries in which FGM is prevalent has slowed. In 1996 the Government made it illegal to perform FGM or to remove a child from the country to carry out the procedure; it is punishable by up to 7 years in prison. To address FGM, during the year 2001, the Government sponsored public awareness campaigns, a child protection network, and a special clinic at the country's largest women's hospital. There were no FGM cases reported during the year 2001.

Prostitution is legal; however, organizing and recruiting women into prostitution is not. The law prohibits sex tourism, and citizens who commit child sex offenses overseas can be prosecuted in New Zealand courts. There were no reports of abuse and the involuntary detention of women involved in prostitution during the year 2001. In 2000 there were several credible reports that women were trafficked into the country and forced into prostitution; however, there were no such reports during the year 2001.

CHILDREN

Child abuse continued to gain significant attention during the year 2001, especially after three toddlers died of physical abuse. In June a woman was sentenced to 6 years in prison after pleading guilty to killing her 23-month-old niece. A second family member also received a prison sentence for involvement in the death of the child. In July 2000, a toddler was killed, and a second child suffered brain damage, as a result of abuse by family members. Family members were sentenced to 6 years in prison. During the year 2001, Child, Youth, and Family Services were notified of 2,370 cases of physical abuse, 1,412 cases of sexual abuse, and 2,424 cases of severe emotional abuse of children. In the year ending June 30, 2000, 2 children under age 15 died in assaults, down from 12 in 1997. In the past, the Government has reported that Maori children are four times as likely as non-Maori children to require hospital care for injuries resulting from deliberate harm. In August 2000, the Government instituted an expanded program of information sharing between the courts and health and child protection agencies to identify children at risk of abuse. Notifications to child protection agencies of at-risk children increased by 30 percent in the program's first month; total notifications over the year increased by 4 percent. Applications to family court included protection of more than 33,000 children.

In previous years, there were a small number of documented cases of FGM, which usually is performed on young girls, in the Somali, Sudanese, and Ethiopian immigrant communities.

Incidents of trafficking in children for sexual purposes have been documented; however, there were no instances during the year 2001. The Government works with the nongovernmental organization (NGO) ECPAT NZ to combat trafficking in children and to develop legislation that would criminalize trafficking; however, legislation was not completed during the year 2001.

TRAFFICKING IN PERSONS

The law does not address trafficking in persons specifically, and the applicable related crime, aiding and abetting the breach of immigration regulations, carries relatively light penalties; however, there were no reports that persons were trafficked to, from, or within the country during the year 2001. Laws against child sexual exploitation and slavery carry penalties of up to 14 years in prison and, in recent years, have been used to prosecute citizens for trafficking in women and girls.

There were no incidents of trafficking in children for sexual purposes documented during the year 2001.

Trafficking in women and children (particularly from Thailand) to work in the sex industry has been a problem. There were several credible reports that women and children were trafficked into the country during previous years; however, there were no such reports during the year 2001. In 2000 domestic NGO's and the Human Rights Commission assisted six Thai women in repatriating to Thailand after they escaped forced work in the sex industry. One of the women sued in New Zealand to recover money that she had paid to traffickers; she claimed that the defendants had advertised the work as catering or agriculture. During the year 2001, she received compensation outside the legal system after having returned to Thailand. In October 1999, seven Thai women were freed from slave labor conditions in an Auckland factory. During the year 2001, the Government ended visa free-entry for Thais.

The Government is working to develop legislation to criminalize trafficking and works with an NGO, ECPAT NZ, to combat trafficking in children. A coalition in Auckland was established to provide information to persons at risk of being trafficked into the country.