Story Comments

This comment is below the standard viewing threshold View It »

Smacking wasn't explicitly made illegal here in New Zealand. The previous Labour Government repealed Section 59 of the Crimes Act, which allowed parents to use "reasonable force" to justify their use of corporal punishment. The problem was that "reasonable force" wasn't defined, and allowed parents to get away with some very serious offenses. For example, under §59 a woman in Timaru was found by jury to be not guilty of beating her 12 year old son with a cane and a horsewhip because she used "reasonable force" as recommended in the bible.

If she had attacked an adult with a cane or a horsewhip, she would have been found guilty of assault. Those who support the law change (myself included) believe that children are entitled under the law to the same protections as adults.

We have far too many cases of child abuse here. One case would be one too many, but the rate is appalling high. Repealing §59 was just one of the changes the previous government made to try to combat child abuse. No one expected it to change New Zealand society and stop children from being abused, but it was a small step in the right direction.

The referendum on reinstating §59 was very poorly worded. By associating "good parental correction" with smacking, it insinuated that only a poor parent could possibly be against corporal punishment. Furthermore, one had to vote "no" to once again allow parents to use force to discipline their children; while a vote for the status quo required one to vote "yes." This complicated the referendum and made its results uncertain.

In any case, the referendum was pointless. Detractors of the so-called anti-smacking legislation claimed it would turn innocent and good parents into criminals. In the two years since §59 was repealed, not one parent has been arrested for smacking their children. The police can use their discretion to prosecute, and there isn't a cop in the country who would arrest a mother for lightly smacking her child for running towards a busy road.

0 Replies