Act Repealed Latest version as at 24 December 1909 (as enacted) | 1909 No 14

Industrial Schools Amendment Act 1909

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Contents

Short Title.

Period of detention may be extended beyond age of twenty-one years.

Miscellaneous amendments of principal Act.

Schedule

Industrial Schools Amendment Act 1909

Public Act		1909 No 14
Date of assent		24 December 1909

	Title
1	Short Title.
2	Period of detention may be extended beyond age of twenty-one years.
3	Miscellaneous amendments of principal Act.
	Schedule

An Act to amend the Industrial Schools Act, 1908.

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title.

This Act may be cited as the Industrial Schools Amendment Act, 1909, and it shall form part of and be read together with the Industrial Schools Act, 1908 (hereinafter referred to as the principal Act).

2 Period of detention may be extended beyond age of twenty-one years.

(1.)

Where, in the opinion of the Minister, an inmate of a school is morally degenerate, or is otherwise not (in the public interest) a fit person to be free from control, the Minister may direct the manager of the school to make application to a Magistrate for an order extending the period of detention of that inmate as hereinafter mentioned.

(2.)

On receipt of such application the Magistrate shall assign counsel to the inmate, and such counsel shall be given all reasonable means of ascertaining the full facts of the case.

(3.)

If on hearing the evidence the Magistrate is satisfied that the period of detention should be extended, he may issue an order extending the detention of the inmate for four years from the time at which the inmate reaches the age of twenty-one years.

(4.)

Within six months of the expiry of such extended period like proceedings may be taken, and the Magistrate may make an order for a further extension of the period of detention for a period not exceeding four years from the date of the expiry of the first extended period, and so on in like manner proceedings may be taken and an order made within six months of the expiry of any period of detention.

(5.)

Subsection two of section nineteen of the principal Act shall apply to the hearing of proceedings under this section.

(6.)

During the currency of any order made under this section the provisions of the principal Act shall apply to the inmate mentioned in the order in the same manner as if he were under the age of twenty-one years.

3 Miscellaneous amendments of principal Act.

The principal Act is hereby amended in the manner indicated in the Schedule hereto.

Schedule

Number of Section affected.	Nature of Amendment.
Section 17	Insert, after the word “section” in subsection (2), the words “or is not under proper control.”
Section 25	Omit the word “eighteen,” and substitute therefor the word “nineteen.”
Section 33(1)	Omit the word “eight” wherever it occurs, and substitute the word “ten.”
Section 34(2)	Omit the word “eight,” and substitute therefor the word “ten.”
Section 34	Add the following subsection:— “(3.) In making an order under this section or the last preceding section, the Judge or Magistrate may proceed in the manner provided by section twenty-three of the Destitute Persons Act, 1908.”
Section 36	Add the words “or the Magistrate may proceed in the manner provided by section thirty-one of the Destitute Persons Act, 1908.”
Section 63	Omit the words “licensed service” where they first occur, and substitute therefor the words “any person with whom he is licensed to reside under section forty-eight hereof”; omit the words “from any school or licensed service,” and substitute the words “as aforesaid”; and omit the word “service” where it last occurs, and substitute therefor the words “person with whom he is so licensed to reside.”
Section 64	Add the following words: “For the purposes of this section the residence or premises of any person with whom an inmate of any school is licensed to reside under section forty-eight hereof shall be deemed to be a part of that school, and that person shall be deemed to be an officer of the school.”

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Industrial Schools Amendment Act 1909