ROTORUA LEGIONNAIRES ACADEMY PROGRAM - Brett Cooper
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ROTORUA LEGIONNAIRES
ACADEMY PROGRAM
Brett Cooper
THE ROTORUA LEGIONNAIRES ACADEMY (RLA) COMMENCED OPERATIONS
on 1 October 1989. It was officially opened by the Attorney-General, Mr Paul
East, in May 1991. In opening the Rotorua Academy Mr East made mention of
the age old principles of self-respect, respect for others and discipline. These
principles he hoped would be taught at the Academy, while at penal institutions
they were virtually unheard of and simply beyond their resources. The
Academy was run from a large house and section in the Rotorua residential
area, with four to six cadets initially.
In 1990 the RLA Trust was set up as a registered charitable trust. The Trust is
made up of persons from a variety of disciplines. A representative from justice, social
welfare and the police maintain positions on the Trust. The parent body of the RLA
was Rotary International and more specifically Rotorua Lakes Rotary Club. Several
members were instrumental in getting the RLA established in Rotorua. Since 1991 the
RLA has employed three full-time staff and been operated from Waipa on the outskirts
of Rotorua. The Waipa firestation has been renovated and now accommodates the
Academy in a quiet and tranquil setting. The Academy has five acres surrounded by
trees and bush. The objective in setting up this program has been to provide a stable
home environment for young persons at risk. The Auckland Legionnaires Academy
began in the mid 1980s and operated from a two acre property in Otara, Auckland.
The Court of Appeal in R v. Hotene 1988 3 CRNZ 414 accepted the principal aim
of the Legionnaires program is to provide a disciplined, comprehensive training system
for young people which will foster their confidence and enable them to integrate fully
back into the community as a whole.
The Rotorua Academy while being established on the same principles as the
Auckland Academy remains an independent program, both financially and
administratively.Juveniles and Privatisation
Current Operations
The Rotorua Academy operates for young male trainees between fifteen to twenty
years of age, although some trainees are accepted outside this age range if special
reasons exist. The Academy is run by the Academy Support Trust. Day-to-day running
of the program is overseen by an Academy manager and a chief instructor. The
manager has a role of welfare supervision and care, while the instructor's position is
one of discipline and coordination of training. A cook is also employed along with a
training tutor in woodwork and metalwork. Part-time staff are numerous and include
instructors, teachers and counsellors.
The program is based on at least six months being spent at the Academy by each
trainee. Although this period can vary to accommodate the needs of the individual
trainee (for example, one trainee spent 16 months full-time at the Academy).
Most trainees are referred by the Justice Department through the Community
Corrections Office. By and large they are sent to the Academy by the courts as an
alternative to a full-time custodial sentence. The preferred procedure is for a
prospective trainee to be sent to the Academy on bail by the court for a three-week
assessment period. This allows an assessment to be carried out and a probation report
to be forwarded to the court prior to sentencing. This preferred course of assessment
to assess suitability for the program was noted in Te Whero and McLauchlan v. Police
AP 16/91 and 17/91 High Court Rotorua 1991.
Once admitted to the program, trainees take part in the full daily routine. An
example of a weekly program is as follows:
MONDAY 0530-0800 hrs PT (14 km run)/Ablutions/Breakfast/Duties
0800-1600 hrs Literacy (Access)
1600-1715 hrs Drill/Retreat
1715-2200 hrs Free/Counselling
TUESDAY 0530-0800 hrs PT (17 km run)/Ablutions/Breakfast/Duties
WEDNESDAY 0800-1600 hrs Workshop/Agriculture (Access)
THURSDAY 1600-1715 hrs Drill/Retreat
1715-2200 hrs Free/Counselling
FRIDAY 0530-0830 hrs PT (17 km run)/Ablutions/Breakfast/Duties
0830-0930 hrs Anger Management Counselling
0930-0945 hrs Kit checks
0945-1000 hrs Morning Tea
1000-1200 hrs Bible Studies
1200-1300 hrs Lunch
1300-1500 hrs Counselling
1500-1630 hrs Sport
1630-1715 hrs Drill/Retreat
1715-2200 hrs Free/Counselling
460Rotorua Legionnaires Academy Program
SATURDAY 0700-1200 hrs Reveille/Breakfast/Duties/Academy Maintenance
1200-1300 hrs Lunch
1300-1700 hrs Sport
1700-1800 hrs Dinner
1800-2400 hrs Free/Counselling
SUNDAY 0700-0830 hrs Reveille/Breakfast/Duties
0830-1500 hrs Church
1500-1730 hrs Free
1730-1830 hrs Dinner
1830-2200 hrs Church
Principles of Operation/Program
Many of the young persons referred to the Legionnaires Academy in Rotorua have
little, or no outside, or family, support. The Legionnaires Academy is often a last ditch
alternative to a short to medium length prison term. The underlying philosophy
employed when considering this alternative sentence is one of rehabilitation. To that
end most of the referrals are property offenders, often young people with drug and
alcohol problems. Anger management counselling is also provided for those persons
who may have been referred because of violent offences. No young people have been
referred to the Rotorua Academy following conviction for sex offences. The Academy
entry and selection system is controlled by the house manager overseen by the Trust
Board and Community Corrections Office.
Many of the young persons referred are in poor health and have attained low
educational results. The program, although disciplined, provides care and direction
counselling and teaching for trainees. One of the strengths of the Rotorua Academy
has been a relatively low (8.67 cadets present on average in the year ended 30
September 1992) number of trainees, so the program has remained intensive with a
good staff to trainee ratio. The program is not an easy option and requires effort and
commitment.
Some of the young people referred have already undergone sentences of
corrective training and/or short sentences of imprisonment. A trainee must consent to a
sentence whereby they will undergo the Legionnaires program. A sentence of
supervision with special conditions or community care is usually imposed when a
person is sent on the Legionnaires program. There will usually be a supervising
probation officer. A trainee is able to walk out of the program at anytime but, of
course, may have their sentence reviewed and be resentenced if such an application is
made to the court and granted. Staff are present at the Academy twenty-four hours a
day so the centre itself is a controlled environment. After a qualifying period of three
months trainees do get weekend leave to visit direct family or relations. Apart from
court referrals, social welfare have referred candidates to the program. There have
been a number of volunteers enlist in the program and others that have been referred
by their parents.
Judicial acceptance of the RLA program as an alternative sentence has occurred.
In the High Court Appeal case of Te Whero and McLauchlan v. Police in the lower
court the learned District Court judge had not been persuaded to
461Juveniles and Privatisation
send the offenders on the RLA program. A number of burglaries had been committed
by the offenders. Mr Justice Fisher the Appeal Court judge who heard the appeal said
"I hope that increasing use will be made of the Legionnaires Academy". The High
Court judge indicated in the judgment that if the matter had come before him in first
instance he would have sentenced the offenders to the Legionnaires program.
Finance/Costs to Operate
One of the major benefits of the Legionnaires program is the cost saving to the
government and the community. The program presently costs roughly half what it
costs to imprison a minimum security inmate. The average cost per head per annum at
the Rotorua Academy for the year ended 30 September 1992 was NZ$15,913.18. This
figure is worked out on the basis of having 8.67 trainees present on average at any one
time. There were twenty-six trainees admitted during the year ended 30 September
1992 including those at the start of the period. (Although it must be remembered some
of these only stayed for short periods.) Total wages were NZ$89,132.90 including
wages paid to the access tutor and the general running costs totalled NZ$177,443.41.
Trainees paid board at NZ$80.00 per week from their respective benefits.
The sources of income were the Department of Justice grant (NZ$60,000.00) and
Access Scheme (NZ$92,000.00) and in addition, a large number of community based
grants. Mr East, MP for Rotorua, has been kept informed with progress and
developments at the Academy and has been in regular contact with the Trust Board.
The Ministers of Justice and Social Welfare have also had regular correspondence
through the Trust and been kept informed about Academy operations. The government
has indicated they may look at more formal funding in the future for the RLA program.
Case Studies
Several case studies have been put forward to illustrate some of the cases referred to
the RLA.
Case study 1
One of the original referrals to the RLA.
Aged 17 years 2 months on 31 January 1990 sentence date. Sentenced in the High
Court Rotorua for four charges of arson.
Psychiatrist Report: Recommended an appropriate form of therapy.
Reparation NZ$465,000.00
Background: Two charges theft (1987) and one of arson and attempted arson (1988).
Sentence: Two years supervision with special condition to live and work where
directed and to reside at RLA.
462Rotorua Legionnaires Academy Program
Probation Officer reported on 11 February 1991 after the trainee spent twelve
months at RLA he has found private board with a family. He has also obtained full-
time employment with the Rotorua District Council. The Probation Officer noted, a
most satisfactory year, the RLA has achieved all that was hoped for and his response
and perseverance has matched the enthusiasm of the sponsors.
Case study 2
Aged 20 years. Sentenced in the District Court Hamilton 28 June 1991 on charges of
burglary, assault with intent to injure, possession of an offensive weapon, threatening
to kill and wilful damage (these offences occurred prior to the earlier sentencing on 21
December 1990).
Earlier sentenced to Community Care at the RLA on 21 December 1990 for
charges of disqualified driving and breach of periodic detention, plus other minor
offences.
Background: Extensive previous record since 1985.
The probation report did not recommend a community based sentence, although the
trainees effort on the RLA program since December 1990 was noted "he has shown
motivation to change and redirect his life in a more positive manner".
Sentence: The judge sentenced the offender to eight months periodic detention and 18
months supervision with special conditions that he reside at the RLA and that he
undertake counselling as directed. The judge found special circumstances, one of these
being that the offender was a person prepared to help himself when given the earlier
opportunity.
This trainee spent sixteen months full time at the RLA and did well on the
program. His co-offender (the principal offender) was sentenced to two year's
imprisonment.
Case study 3
Aged 20 years. Sentenced in the District Court Rotorua 12 June 1991. Twelve months
supervision with one special condition to reside at the RLA.
Background: Extensive convictions for traffic related offences: EBA (4) and driving
disqualified (5).
After three months on the RLA program the probation officer noted good
progress being made. The trainee was returned to court on 2 September 1991 for
further new charges of driving disqualified and dangerous driving committed on 31
May 1991, the District Court judge did not think it appropriate to change the sentence
and allowed the earlier sentence to continue.
The trainee completed the six months program at the RLA successfully.
463Juveniles and Privatisation
Case study 4
Aged 15 years. Referred by his parents as they could not control his behaviour and
feared he would get into further trouble with the police. The trainee came from a small
town in the middle of the North Island. He spent six months on the RLA program.
Whilst at the RLA he attended the Air Training Cadet Corp in Rotorua (an outside
activity) and was awarded top cadet for his age. Returned to his home area after the
program and was placed in employment.
Summary
The RLA program is certainly still developing and being developed to better cater for
young persons. An independent assessment has not yet been carried out. The
Community Corrections office has a regular oversight of the programs offered at the
RLA.
This program and alternative sentence has now been in existence in Rotorua for
just over three years. Where other programs of similar type have struck administrative
problems, the RLA has remained stable largely due to continuing support from
Rotorua Lakes Rotary. Several interested groups have visited the Rotorua program
and Waipa site with the intention of starting a Legionnaires program in their local
areas. Namely Wanganui, Hamilton East and Putaruru/Tokoroa. It is understood that
there is government support for other programs to commence as long as suitable
foundations are in place to establish each Academy. Rotary has been a successful
parent body in Rotorua.
Community support in Rotorua has been high for the RLA program and the
trainees are often involved in community service and events on an organised basis.
With the ongoing support of the government, police, judiciary and community at
large this program will continue to provide a valuable cost-effective sentencing
alternative.
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