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Youth crime and justice: Court and prison less likely for new generations of youth

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Most New Zealanders believe youth crime is getting worse. Statistics and research shows the opposite is true. The generations born since the 1990s are coming before the courts less often, and there has been a big drop in the numbers going to prison. Open Justice reporter Ric Stevens investigates what’s really going on.

Despite talk of rampant youth crime, Generation Z – that cohort of New Zealanders now in their teens and early 20s – are less likely to get into trouble with the law than any other age group in decades.

There are a small number of them who do flout the law and they tend to do it spectacularly, often by ramming a stolen vehicle into a shop and posting about it on TikTok.

This offending is highly visible, and it has a big impact on the besieged shop owners and communities around them, which is why the public rightly get alarmed.

Generally, people believe youth crime is getting worse. Surveys suggest 87 percent of New Zealanders believe it has increased in the past five years. This belief, however, is contrary to what statistics tell us.

Overall, Ministry of Justice data shows youth crime rates dropping year on year.

The trend is not always consistent, and there has been a significant post-Covid uptick, but the number of children and youths aged 16 or under coming before the courts has halved over the past decade.

And within those statistics are some numbers that illustrate the difference between Generation Z – those born between 1996 and 2010 – and their seemingly less law-abiding older brothers and sisters.

woman on mobile phoneGeneration Z – those born between 1996 and 2010 – spend more time online, drink less alcohol and go to prison less frequently than their older brothers and sisters. Photo: freestocks / Unsplash
In 2010, the rate of children – aged 10 to 13 – who offended stood at 208 per 10,000. In other words, about 99.8 percent of children did not get into trouble with the law.

By 2018, a year for which directly comparable data is available, the rate of child offenders had more than halved – to 93 per 10,000.

Another key measure is incarceration rates.

New Zealanders born in 1989 had a one-in-50 likelihood of ending up in prison before the age of 21. For New Zealanders born 10 years later, in 1999, that dropped to a one-in-200 chance.

That shift is one of the key factors changing the demographics of the prison population, which is getting older on average. The other is the increased number of sex offenders going to jail, who tend to be older when first convicted.

According to a multi-agency government Long-term Insights Briefing (LTIB) report on prison trends, the average age of people in prison was 25 in 1980, and 38 in 2022.

Fewer young people are getting non-custodial sentences.

Eight percent of people born in 1989 had experienced a community-based sentence by the age of 21, but just 3 percent of those born in 1999 had done so.

This means not only are younger adults not entering prison so frequently, they are also not getting tangled up in the wider criminal justice system as much.

Youth in handcuffsFor New Zealanders born in 1999, the chance of them ending up in prison before the age of 21 is now one-in-200 – a considerably lower chance than 10 years earlier. Photo: 123rf
The number of police warnings, issued before the matter gets to court, has also been declining in the key age groups.

Overall, the number of children and young people aged 16 or under who have charges resolved in the courts halved from 2268 in the year to June 2014 to just 1104 in 2023.

Something different is happening
“Birth cohort analysis makes it clear that the decline in youth crime is not simply a product of the changing age structure of society – ie, the fact that there are proportionately fewer young people,” the LTIB report said.

“There is something different happening for subsequent generations of young people.”

The exact nature of this “something different” is still being researched. Overseas studies, however, suggest a number of factors.

One of them is that there are fewer opportunities for young people to commit “gateway” crimes – relatively minor offences that lead to other, more significant, offences.

An example is car theft. People are more likely to lock their cars these days but most modern vehicles are also more difficult to steal, including those with factory-fitted immobilisers.

And if youths are not converting cars and joyriding with their mates, they are less likely to be stepping onto the next rung up on the crime ladder – for example, driving carelessly or dangerously, or driving drunk.

Young people’s routine activities have changed – they spend more time at home online and less in public spaces.

While the internet has its own risks, and it is possible that young people are engaged in online criminality that goes undetected, online activity also tends to divert people from wrongdoing in the real world.

Generation Z also drink less alcohol than their elders, and over time they have been binge-drinking less. Alcohol is recognised as an “offending-related factor” by justice system professionals.

Surveys by the Alcohol Healthwatch organisation show the proportion of New Zealand secondary students drinking alcohol has fallen significantly, and those who do drink are consuming less.

The proportion of secondary students who said they have never drunk alcohol (other than a few sips) was 26 percent in 2007. This increased to 39 percent in 2012, and to 45 percent in 2019.

None of these things alone can explain the downward trend of youth crime statistics, but taken together, they restrict some of the pathways that can lead young people into trouble.

teenage group drinking alcohol togetherAlcohol Healthwatch surveys show the proportion of New Zealand secondary students drinking alcohol has fallen significantly. Photo: 123RF
Then there are changes to the way youth justice operates.

The Youth Court was established by ground-breaking legislation in 1989, which established the principle – among others – that criminal proceedings should be used for children or young people only as a last resort.

The youth justice system now works on the basis of diversion, and aims to resolve offending without young people receiving a criminal conviction, while still having regard to public safety.

This principle is based on experience which shows once a young person enters the formal justice system and receives a criminal record, they are more likely to develop a pattern of offending and their offences may get more serious.

About 90 percent of young offenders are now kept out of the courts. Minor offences are dealt with by the police either through warnings, or referral to Youth Aid for an action plan.

Diversion is the key
The chief science adviser to the justice sector, clinical psychologist Professor Ian Lambie, of Auckland University, also says the youth justice system is doing an “exemplary job”.

“For the vast majority of kids, diversion is the key,” Lambie told NZME.

“It’s far better to take a restorative process, and rather than saying what’s wrong with this kid, reframing that and saying, what happened to this kid, how can we support them, how can we get around them?” he said.

“I have to applaud the vision of the Youth Court judges and the Chief Justice in this space. They are doing an amazing job. And working also with community groups, iwi, mana whenua, etc, other NGOs [non-government organisations], that is where the solution lies, honestly.”

Lambie contrasted the New Zealand system with what he saw in the United States, where he visited recently.

He said the systems there were far more punitive and criminalising of adolescents – or juveniles as the Americans call them – leading to more young people moving into the adult justice system.

“Once they’re in the adult system they’re gone, and it is not only an expensive thing financially for governments and taxpayers, but it also doesn’t result in a reduction in victims. It kind of makes the issue worse.”

Inside Korowai Manaaki a youth facility in Manukau, Auckland.Inside Korowai Manaaki a youth facility in Manukau, Auckland. Photo: Cornell Tukiri
The LTIB report also said another reason youngsters were not offending was that attitudes towards young people have changed, resulting in “better parenting and other supports”.

This connects to another factor that has influenced criminal offending over past decades: the burden of being abused as a child while in the care of the state.

The LTIB report said people born between the mid-1960s and the 1980s were the generations that experienced the highest levels of involvement with state care, including residential care.

Research for the Royal Commission of Inquiry into abuse in state care suggests that as many as 250,000 children were abused while in the care of the State or faith-based organisations.

Its research also found that between 32 and 35 percent of people who experienced state residential care as a child between the 1960s and the 1980s later went to prison as an adult.

Generation Z did not experience such a high level of involvement in state residential care, and they also benefited from what criminal justice professionals call “protective factors” that steer people away from criminal offending.

Statistics New Zealand data shows cohorts of 17 year olds in the past decade are more likely to leave school with a qualification, and are less likely to have been suspended from school.

They are less likely to have been the subject of intervention by Oranga Tamariki and are less likely to have grown up in a household primarily dependent on an income benefit.

All of these factors have been identified as contributing to a child’s likelihood of becoming an offender.

Today’s young people are also more likely to have called on mental health services when they needed to.

Despite all these factors helping young people out of trouble with the law, clearly a proportion of them are still offending, and some of them appear to revel in it.

It’s basic parenting
So what makes them different from their peers? A good place to look for answers is within ram-raid offending, because it is one area that has been more deeply analysed after becoming a political issue.

A police study in 2022 identified 79 of the worst young ram-raiders from an examination of thousands of charges laid.

It found they all came from unstable, impoverished households with poor parenting and inconsistent role models, where they had been victims or witnesses of family violence.

They all had “poor or non-existent” engagement with school, lived in social circles where offending was normalised, and began offending between the ages of 12 and 14.

They all had fathers who were engaged with the criminal justice system, either as frequent offenders or spending time in prison.

Police said this was in line with previous studies which showed that young offenders have typically suffered abuse and neglect, came from impoverished families and had left or been stood down from school.

Lambie said evidence suggested further improvements in youth justice required a “developmental crime prevention” focus, which meant focusing on early intervention.

People with therapeutic expertise should work alongside cultural groups, NGOs and schools to help children at risk and their families.

“What we need is people in the homes teaching these people, these parents, not to bash their kids, not to yell at their kids, how to love their kids,” he said.

“It’s basic parenting stuff.”

– This story was first published by the New Zealand Herald

VIA RNZ

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Police say person who fired gun at officers still at large

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Police say a person who fired a gun at officers in Napier is still at large.

Eastern District Commander Superintendent Joel Lamb said Police tried to stop a vehicle in the Pirimai Area at about 10pm on Tuesday.

He said someone in the back seat pointed what was presumed to be a firearm at officers pursuing the vehicle.

“Staff have then heard two distinct gunshots as the firearm was discharged.

“Fortunately, neither of our officers were injured, and the patrol vehicle did not sustain any damage.”

He said hours later, the vehicle was seen travelling north on the Waikato Expressway towards Auckland.

Police seized the vehicle at an address in Manurewa, but they had not found the alleged offender.

Lamb said people who lived at the Manurewa address were engaging with Police.

He said Eastern District and Counties Manukau Police were making enquiries.

“Presenting a firearm at a Police officer is a serious escalation that puts our staff and the wider community at risk. This behaviour is entirely unacceptable.

“We are taking this incident extremely seriously and will be pursuing all lines of enquiry to locate the offender and hold them accountable.”

Police asked anyone who witnessed the incident to contact Police on 105 or online using the reference number 261111/3764.

Information could also be provided anonymously via Crime Stoppers on 0800 555 111.

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New Zealand sides named for RLWC finals

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The players tasked with ending Australia’s Rugby League World Cup dominance have been named.

The Kiwis and Kiwi Ferns have announced their squads for this Sunday’s World Cup finals in Brisbane.

Both sides are chasing their first titles since 2008, and both are looking to end their opponents run of three crowns in a row.

“Our Kiwi Ferns have been so dominant in years gone by, and we want to bring dominance back to this jersey, so I think it will be a case of who wants it more,” said co-captain Georgia Hale of the impending clash.

The Kiwis get a major boost for the final as they welcome back Ronaldo Mulitalo after he served a one-match ban for a high tackle against Fiji Bati.

Mulitalo replaces Charnze Nicoll-Klokstad, who moves to the six-man bench, which again includes utility Te Maire Martin, middle forwards Naufahu Whyte, Erin Clark and Xavier Willison plus fullback Keano Kini.

Loose forward Joseph Tapine will make his 30th Test appearance in a familiar pack again, including second-rowers Isaiah Papali’i and Briton Nikora, and props James Fisher-Harris and Moses Leota.

Winger Jamayne Isaako is on the cusp of claiming the New Zealand record for most Test points.

His five goals against Tonga lifted his career points tally to 225 – level with Shaun Johnson – while centre Casey McLean goes into the final with 16 tries in just eight Tests.

Fisher-Harris will again captain the team.

Fullback Ponga said the goal of the group was clear.

“We have high expectations around what we want to achieve, and obviously winning a world Cup is one of them.”

Meanwhile, Ricky Henry has selected a settled side to take on the Jillaroos, led by their lethal centre combination of Stacey Waaka and Mele Hufanga.

Veteran Apii Nicholls takes the number one jersey, Leianne Tufuga and Mackenzie Wiki on the wings.

Henry has stuck with his halves pairing of Chantay Kiria-Ratu and Raecene McGregor with Alexis Tauaneai, Georgia Hale and Otesa Pule up front.

Rounding out the starting pack is Shaniece Monschau, Kaiyah Atai, and Angelina Teakaraanga-Katoa.

“We have been building well throughout the tournament; we understand the Jillaroos side, and will give it our all to make New Zealand proud this weekend,” said Henry.

RLWC Finals:

Kiwi Ferns vs Jillaroos- 6.10pm

Kiwis vs Kangaroos – 9.35pm

Sunday November 15

Suncorp Stadium, Brisbane

Live blog updates on RNZ

Kiwi Ferns:

1. Apii Nicholls 2. Leianne Tufuga 3. Mele Hufanga 4. Stacey Waaka 5. Mackenzie Wiki 6. Chantay Kiria-Ratu 7. Raecene McGregor 8. Alexis Tauaneai 9. Georgia Hale 10. Otesa Pule 11. Shaniece Monschau 12. Kaiyah Atai 13. Angelina Teakaraanga-Katoa.

Interchange: 14. Ashleigh Quinlan 15. Annessa Biddle 16. Shannon Mato 17. Ivana Lauitiiti.

Reserves: 18. Brooke Anderson 19. Zahara Temara 20. Brianna Clark 21. Abigail Roache 22. Tenika Willison.

Kiwis:

1. Kalyn Ponga, 2. Jamayne Isaako, 3. Dane Gagai, 4. Casey McLean, 5. Ronaldo Mulitalo, 6. Kodi Nikorima, 7. Jahrome Hughes, 8. James Fisher-Harris (c), 9. Jeremy Marshall-King, 10. Moses Leota, 11. Isaiah Papali’i, 12. Briton Nikora, 13. Joseph Tapine (v/c).

Interchange: 14. Te Maire Martin, 15. Naufahu Whyte, 16. Erin Clark, 17. Xavier Willison.

Reserves: 18. Keano Kini, 19. Phoenix Crossland, 20. Charnze Nicoll-Klokstad, 21. Scott Sorensen, 22. Leo Thompson.

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Parliamentary Service working on extra chairs and offices for increased number of MPs

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The chief executive of the Parliamentary Service is confident there will be enough room to accommodate the increased number of MPs and their staff coming into Parliament.

On current numbers, up to 131 MPs could be sitting in the Chamber following the election, brought on by a record overhang result.

Clerk of the House of Representatives Dr David Wilson told the Spinoff that currently the debating chamber had enough chairs to seat 124 MPs – including the Speaker of the House – and work was being done to accommodate more by altering the seating arrangement.

In a statement, Parliamentary Service chief executive Rafael Gonzalez-Montero said planning for a larger Parliament had been going for “some time”.

“Now that the election results have confirmed an increase to the number of members we are looking at several options.

“We are confident we will be able to accommodate all members within the Chamber.”

Chief Executive of the Parliamentary Service Rafael Gonzalez-Montero appears before select committee.
Parliamentary Service chief executive Rafael Gonzalez-Montero.

VNP / Phil Smith

Gonzalez-Montero said office accommodation for members and their staff would be “stretched” for a short time, but the new Members’ Building was only a few months away from “practical completion”.

That building – located behind Parliament – was due to be ready to occupy in April next year and had capacity to accommodate around 30 backbench MPs.

“All members should be in fit-for-purpose accommodation from that point,” Gonzalez-Montero said.

Following the 2023 election, 123 MPs sat in the Chamber – a record number at the time. That decreased to 122 following the resignation of National MP Judith Collins.

Collins held the seat of Papakura and stepped down in May and Parliament voted against holding a by-election because it was too close to the election.

The election result also meant high-ranking National Party MPs like Chris Bishop, Paul Goldsmith, Nicola Willis and Gerry Brownlee – Speaker of the House and an MP for 30 years – would likely not make it back into Parliament.

Only resigning or retiring MPs were permitted to give a valedictory speech meaning none of them would get the chance to give a valedictory statement.

Asked if their would be special allowances for valedictories, Wilson said in a statement that normally only MPs were allowed to speak in the House but the House could suspend its own rules or temporarily alter them.

“It could do so to allow former members to address the House.”

Wilson said no such arrangements could be made until the next Parliament opened and members sworn in.

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