text:
Crimes (Substituted Section 59) Amendment Act 2007
From Wikipedia, the free encyclopedia
Jump to: navigation, search
Crimes (Substituted Section 59) Amendment Act 2007
New Zealand Parliament
The purpose of this Act is to amend the principal Act to make better provision for children to live in a safe and secure environment free from violence by abolishing the use of parental force for the purpose of correction.
Date of Royal Assent
21 May 2007
Date commenced
21 June 2007
Introduced by
Sue Bradford
Related legislation
Crimes Act 1961
Status: Current legislation
The Crimes (Substituted Section 59) Amendment Act 2007 (formerly the Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Bill) is an amendment to New Zealand's Crimes Act 1961 which removed the legal defence of "reasonable force" for parents prosecuted for assault on their children.
The law was introduced to the New Zealand Parliament as a private members bill by Green Party Member of Parliament Sue Bradford in 2005, after being drawn from the ballot. It drew intense debate, both in Parliament and from the public. The bill was colloquially referred to by several of its opponents and newspapers as the "anti-smacking bill".[1] The bill was passed on its third reading on 16 May 2007 by 113 votes to eight.[2][3] The Governor-General of New Zealand granted the bill Royal Assent on 21 May 2007, and the law came into effect on 21 June 2007.
A citizens-initiated referendum on the issues surrounding the law was held between 30 July and 21 August 2009, asking "Should a smack as part of good parental correction be a criminal offence in New Zealand?" Despite widespread criticism of the question's wording, the referendum was returned with an 87.4 percent "No" vote on a turnout of 56.1 percent.
Contents
[hide]
1 Legal context
2 Social context
3 Political context
4 Debate and aftermath
5 Reactions and opinions
6 Referendum proposals
6.1 2017 Election
7 See also
8 References
9 External links
Legal context[edit]
Prior to the amendment bill, Section 59 read as follows:
59 Domestic discipline
(1) Every parent of a child and, subject to subsection (3), every person in the place of the parent of a child is justified in using force by way of correction towards the child, if the force used is reasonable in the circumstances.
(2) The reasonableness of the force used is a question of fact.
(3) Nothing in subsection (1) justifies the use of force towards a child in contravention of section 139A of the Education Act 1989.
Section 139A of the Education Act 1989 is the enactment criminalising school corporal punishment, so the third clause prohibited teacher-parents from using force on their own children if it could be interpreted as school corporal punishment.
Section 59 now reads as follows:[4]
59 Parental control
(1) Every parent of a child and every person in the place of a parent of the child is justified in using force if the force used is reasonable in the circumstances and is for the purpose of—
(a) preventing or minimising harm to the child or another person; or
(b) preventing the child from engaging or continuing to engage in conduct that amounts to a criminal offence; or
(c) preventing the child from engaging or continuing to engage in offensive or disruptive behaviour; or
(d) performing the normal daily tasks that are incidental to good care and parenting.
(2) Nothing in subsection (1) or in any rule of common law justifies the use of force for the purpose of correction.
(3) Subsection (2) prevails over subsection (1).
(4) To avoid doubt, it is affirmed that the Police have the discretion not to prosecute complaints against a parent of a child or person in the place of a parent of a child in relation to an offence involving the use of force against a child, where the offence is considered to be so inconsequential that there is no public interest in proceeding with a prosecution.
A consequential amendment was also made to Section 139A of the Education Act 1989 by removing the exemption of parents (who are not school staff) administering corporal punishment to their children at school.
Adults assaulting children no longer have the legal defence of "reasonable force" but "force ... may ... be for the purposes of restraint ... or, by way of example, to ensure compliance", according to the police practice guide.[5]
Social context[edit]
Prior to the repeal of section 59 of the Crimes Act, there were cases of parents who had disciplined their children using a riding crop in one case, and a rubber hose in another, who were not convicted because of the legal justification of "reasonable force".[6] When the law was changed in 2007, some proponents of the change said it would stop cases of abuse from slipping through the gaps and reduce the infant death rate.[7]
Political context[edit]
When the Private Members Bill was first proposed by Sue Bradford in 2005, it was known as the Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Bill. It was subsequently renamed to the Crimes (Substituted Section 59) Amendment Bill at the Select Committee stage.[8] The Bill was later backed by the Labour Party and for a time it 'faced a rocky passage through parliament with the main opposition party, National, giving its members a conscience vote on the issue'.[9] A new section, Clause 4, was added as part of a political agreement with the Leader of the Opposition, John Key, and the amendment passed by 113 votes to 8 with both major parties voting for the bill.
Debate and aftermath[edit]
Bradford considers that smacking was illegal even before the Act was passed.[10] When an illegal activity is reported to the Police or to Child Youth and Family (CYF), they are required to investigate the reported abuse. Under subsection 4, The Police have the option of not prosecuting the parents 'where the offence is considered to be so inconsequential that there is no public interest in proceeding with a prosecution.'
Many of the groups who originally supported the change to the Act also said that a law change was not a fully adequate response to protect children from abuse. The New Zealand Anglican Bishops said 'It is essential that changes to section 59 go hand in hand with increased access to high quality public educational programmes, which encourage non-violent discipline and child rearing.'[11] The United Nations Committee on the Rights of the Child (UNCRC) also put pressure on the New Zealand Government for education and promotion of changing attitudes and parenting practice.[citation needed]
In the 2008 Budget the then Labour Government said it was 'providing $446.5 million over the next four years to improve our partnership with community-based social services to help deliver essential services to support children and families, including parenting and family violence programmes, and mentoring at-risk youth.'[12] This included the "Are you OK?" anti-family-violence campaign.[13]
The law change has been described by supporters as aimed at making 'Aotearoa New Zealand […] a place where children are secure, confident, understand limits and boundaries and behave well – without physical punishment' and to 'protect children from assault'.[14]
The first conviction under the new law occurred on 22 November 2007.[15] In the first five years of the law (June 2007 – June 2012) there were eight prosecutions for smacking.[16][17]
Reactions and opinions[edit]
A broad selection of organisations – including child welfare groups, churches, women's groups and businesses – publicly endorsed the bill and made submissions in support of it.[18]
Gordon Copeland resigned from the United Future party over the Bill since he did not agree with the party leader Peter Dunne's support for it.[19] However, Copeland was not re-elected to Parliament at the New Zealand general election, 2008, although his political vehicle, The Kiwi Party, made that issue paramount in its election campaign.[20]
Most public opposition to the Bill came from conservative Christian groups, who believed that it made even "light smacking" of children illegal.[21] Multipartisan passage of the bill occurred after an additional clause was added stating that the bill did not remove police discretion on whether to prosecute in "inconsequential" cases when it was not in the public interest to do so.[22]
During debate on the Bill a poster on the CYFSWatch website threatened Bradford. Google removed the website from its Blogger service soon after.[23]
A survey carried out between May and June 2008 showed that more people supported the Act than those who did not.[24] The survey, carried out by UMR Research for the Office of the Children's Commissioner, polled 750 people, of whom 91% were aware of the law change and 72% professed to know "a lot" or "a fair amount" about the legislation.
Results of the questions were:
89% of respondents agreed that children are entitled to the same protection from assault as adults. 4% disagreed and 5% were neutral.
43% supported the law regarding physical punishment of children, 28% opposed and 26% were neutral.
58% agreed there are certain circumstances when parents may physically punish children. 20% disagreed with the hypothesis and 20% were neutral.
30% agreed that physical punishment should be part of child discipline. 37% disagreed and 32% were unsure.
Referendum proposals[edit]
Main article: New Zealand corporal punishment referendum, 2009
Two petitions for citizens initiated referendums related to the bill were launched in February 2007. The wording for the two referendums was:
"Should a smack as part of good parental correction be a criminal offence in New Zealand?"
"Should the Government give urgent priority to understanding and addressing the wider causes of family breakdown, family violence and child abuse in New Zealand?"[25]
In February 2008, the bill having been passed in the meantime, supporters of the referenda claimed that they had collected enough signatures.[26] If 300,000 valid signatures were collected by 1 March 2008 for each of the referendum petitions, they hoped the referenda would be held on the same date as the 2008 general election.[27]
The first petition was supported by Family First New Zealand, the ACT Party[28] and The Kiwi Party.[26]
The first petition was presented to the Clerk of the House of Representatives on 29 February 2008,[29] who vetted the signatures along with the Chief Electoral Officer.[29] Of 280,275 signatures required to force a referendum, only 269,500 were confirmed—a shortfall of 10,775. A number of signatures were excluded because they were illegible, had incorrect date of birth information, or appeared more than once.[30]
The petitioners were required to collect and confirm the requisite number of signatures within two months,[30] to be presented to the Speaker of the House of Representatives. This occurred on 23 June 2008, when Kiwi Party leader Larry Baldock handed over a petition which claimed to have over 390,000 signatures.[31] The Office of the Clerk of the House had two months to verify the signatures.
On 22 August 2008 the Clerk certified that there were enough signatures, and the Government had one month to name a date for a referendum. Under the Citizens Initiated Referenda Act 1993, Cabinet could delay a vote on the issue for up to a year. The referendum was held from 31 July to 21 August 2009.
The referendum was non-binding (as specified by New Zealand's Citizens Initiated Referenda Act 1993), and thus does not compel the government to follow its result. Prime Minister John Key and Leader of the Opposition Phil Goff have said the results of the referendum will not commit them to repealing the law.[32]
On 25 August 2009, the Chief Electoral Officer released the results of the referendum. According to the results, 11.98% of valid votes were Yes votes, and 87.4% of votes were No votes. Voter turnout was 56.09%, and 0.1% of votes were invalid.[33]
The second petition, organised by Larry Baldock, was handed to Parliament on 14 May 2008.[34]
2017 Election[edit]
On March 24, 2017, it was Reported that New Zealand First and Winston Peters will take to the election a policy of repeal the anti-smacking law passed by the last parliament. They will not enter any coalition or confidence and supply agreement with a party that wishes to ignore the public’s clearly stated view in a referendum on that issue after the New Zealand general election, 2017[35]
See also[edit]
Child discipline
New Zealand blogosphere#CYFS Watch
References[edit]
Jump up ^ Tourelle, Greg (27 March 2007). "Hundreds protest anti-smacking bill". New Zealand Herald. Auckland. Retrieved 17 December 2011.
Jump up ^ Vote: Crimes (Substituted Section 59) Amendment Bill — Third Reading Archived 9 January 2016 at the Wayback Machine.
Jump up ^ "Anti-smacking bill becomes law". New Zealand Herald. Auckland. NZPA. 16 May 2007. Retrieved 12 May 2011.
Jump up ^ "Section 59 (Parental Control) – Crimes Act 1961 No 43 (as of 13 July 2011)". New Zealand Legislation. Parliamentary Counsel Office. 13 July 2011. Retrieved 6 January 2012.
Jump up ^ "Police practice guide for new Section 59" (Press release). New Zealand Police. 19 June 2007. Retrieved 12 May 2011.
Jump up ^ Tunnah, Helen (10 June 2005). "Child smacking bill on election agenda". New Zealand Herald. Auckland.
Jump up ^ "Children's issues". Green Party of New Zealand. Archived from the original on 5 June 2011. Retrieved 12 May 2011.
Jump up ^ "Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Bill -- as reported from the Justice and Electoral Committee" (PDF). New Zealand Parliament. Retrieved 26 October 2012.
Jump up ^ "NZ anti-smacking bill likely to pass". The Age. Melbourne. AAP. 2 May 2007.
Jump up ^ "Archived copy". Archived from the original on 25 June 2009. Retrieved 23 June 2009.
Jump up ^ "Removing the loophole: Anglican bishops support repeal of Section 59" (PDF) (Press release). Churches' Network for Non-violence. 1 May 2007.
Jump up ^ "Budget 2008: Minister's Executive Summary" (PDF). Minister of Finance. 14 May 2008.
Jump up ^ "The Campaign for Action on Family Violence". Ministry of Social Development. Archived from the original on 24 July 2011. Retrieved 12 May 2011.
Jump up ^ "The Yes Vote – NZ Referendum on Child Discipline 2009". The Yes Vote Campaign. 17 October 2010.
Jump up ^ "Judge tells smack father: 'You can't get away with that now'". New Zealand Herald. Auckland. 22 November 2007.
Jump up ^ "Eight prosecutions for smacking in six [sic] years of law". The New Zealand Herald. APNZ. 21 April 2013. Retrieved 21 April 2013.
Jump up ^ "Eleventh review of Crimes (Substituted Section 59) Amendment Act 2007". New Zealand Police. 19 April 2013. Retrieved 21 April 2013.
Jump up ^ "Hands up for the Crimes (Substituted Section 59) Amendment Bill" (PDF). Barnados New Zealand. March 2007. Archived from the original (PDF) on 14 October 2008. Retrieved 25 August 2008.
Jump up ^ Tait, Maggie (16 May 2007). "United Future MP quits party over smacking bill". New Zealand Herald. Auckland.
Jump up ^ "Kiwi Party website".
Jump up ^ Colwill, Jennifer (2 May 2007). "Churches take to streets over smacking bill". New Zealand Herald. Auckland. Retrieved 16 May 2007.
Jump up ^ Colwill, Jennifer (2 May 2007). "The smacking bill - what it says". New Zealand Herald. Auckland. Retrieved 16 May 2007.
Jump up ^ Collins, Simon (22 February 2007). "Google shuts down Cyfswatch website". New Zealand Herald. Auckland.
Jump up ^ "Omnibus Survey Report One year on: Public attitudes and New Zealand's child discipline law" (PDF). Office of the Children's Commissioner. 14 November 2008. Retrieved 16 November 2008. [permanent dead link]
Jump up ^ Collins, Simon (23 February 2007). "Petition offers voice against Bradford bill". New Zealand Herald. Auckland. Retrieved 25 June 2009.
^ Jump up to: a b "300,000 and still counting!" (Press release). The Kiwi Party. 21 February 2008. Retrieved 21 February 2008.
Jump up ^ Laugesen, Ruth (27 January 2008). "Referendum looms on smacking law". The Sunday Star-Times. Auckland. Retrieved 21 February 2008.
Jump up ^ "ACT Pushes Anti-Smacking Referendum" (Press release). ACT New Zealand. 4 February 2008.
^ Jump up to: a b "Anti-smacking law petition handed to Parliament". 3 News. TV3. 24 April 2008. Retrieved 25 July 2009.
^ Jump up to: a b Watkins, Tracey (29 April 2008). "Smacking petition falls short". The Dominion Post. Wellington. Retrieved 29 April 2008.
Jump up ^ "Smacking petition runs out of time". New Zealand Herald. Auckland. NZPA. 24 June 2008. Retrieved 24 June 2008.
Jump up ^ "Anti-smacking petition close to forcing citizen's referendum". 3 News. MediaWorks New Zealand. 28 January 2008. Archived from the original on 2008-09-28. Retrieved 27 April 2014.
Jump up ^ "2009 referendum result". Elections New Zealand. Archived from the original on 29 July 2012. Retrieved 12 May 2011.
Jump up ^ "New petition for smacking law referendum". Stuff. 14 May 2008. Retrieved 25 July 2009.
Jump up ^ "NZ First Repeal Of Anti-Smacking Law Welcomed" (Press release). Family First. 26 March 2017.
External links[edit]
New Zealand Legislation: Crimes (Substituted Section 59) Amendment Act 2007
Parliament of New Zealand - Crimes (Substituted Section 59) Amendment Bill
Children's Commissioner - Submission on the Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Bill
The Yes Vote - NZ Referendum on Child Discipline 2009, a lobby group wishing to prevent changes to the current law
Retrieved from "https://en.wikipedia.org/w/index.php?title=Crimes_(Substituted_Section_59)_Amendment_Act_2007&oldid=807308027"
Categories:
New Zealand Statutes
2007 in New Zealand law
Spanking
Corporal punishments
Youth in New Zealand
Hidden categories:
Webarchive template wayback links
All articles with dead external links
Articles with dead external links from August 2017
Articles with permanently dead external links
Use New Zealand English from August 2013
All Wikipedia articles written in New Zealand English
All articles with unsourced statements
Articles with unsourced statements from April 2012
Use dmy dates from November 2012
Navigation menu
Personal tools
Not logged in
Talk
Contributions
Create account
Log in
Namespaces
Article
Talk
Variants
Views
Read
Edit
View history
More
Search
Navigation
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version
Languages
Add links
This page was last edited on 27 October 2017, at 04:45.
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policy
About Wikipedia
Disclaimers
Contact Wikipedia
Developers
Cookie statement
Mobile view
Enable previews

tag: div

attr: id class

value: mw-page-base noprint

key: html

type: local

value: mw-head-base noprint

tag: a

attr: id class lang

value: firstHeading firstHeading en

value: siteSub noprint

value: jump-to-nav mw-jump

attr: colspan style

tag: img

attr: alt src width height srcset data-file-width data-file-height

attr: href class

tag: td

attr: href title

attr: href class title

value:
/wiki/Royal_Assent
mw-redirect
Royal Assent

value: New Zealand citizens-initiated referendum, 2009

value: This claim needs references to reliable sources. (April 2012)

value:
noprint Inline-Template Template-Fact
white-space:nowrap;

value:
/wiki/Prime_Minister
mw-redirect
Prime Minister

value:
/wiki/New_Zealand_Herald
mw-redirect
New Zealand Herald

value:
nofollow
external text
http://www.greens.org.nz/children

value:
nofollow
external text
http://www.areyouok.org.nz/home.php

value:
nofollow
http://yesvote.org.nz/
external text

value:
nofollow
external text
http://www.thekiwiparty.org.nz

value:
/wiki/The_Sunday_Star-Times
mw-redirect
The Sunday Star-Times

value:
/wiki/TV3_(New_Zealand)
mw-redirect
TV3 (New Zealand)

value:
nofollow
external text
http://www.stuff.co.nz/4501944a10.html

value: -moz-column-width: 30em; -webkit-column-width: 30em; column-width: 30em; list-style-type: decimal;

value: Category:Webarchive template wayback links

value: Category:All articles with dead external links

value: Category:Articles with dead external links from August 2017

value: Category:Articles with permanently dead external links

value: Category:Use New Zealand English from August 2013

value: Category:All Wikipedia articles written in New Zealand English

value: Category:All articles with unsourced statements

value: Category:Articles with unsourced statements from April 2012

value: Category:Use dmy dates from November 2012

value: Discussion about edits from this IP address [ctrl-alt-n]

value: A list of edits made from this IP address [ctrl-alt-y]

value: You are encouraged to create an account and log in; however, it is not mandatory

value: You're encouraged to log in; however, it's not mandatory. [ctrl-alt-o]

value: Discussion about the content page [ctrl-alt-t]

value: p-namespaces navigation vectorTabs p-namespaces-label

value:
p-variants
navigation
vectorMenu emptyPortlet
p-variants-label

value: Past revisions of this page [ctrl-alt-h]

value: p-views navigation vectorTabs p-views-label

value:
p-cactions
navigation
vectorMenu emptyPortlet
p-cactions-label

value:
mw-wiki-logo
/wiki/Main_Page
Visit the main page

value:
/wiki/Main_Page
Visit the main page [ctrl-alt-z]
z

value: Featured content – the best of Wikipedia

value: Find background information on current events

value:
/wiki/Special:Random
Load a random article [ctrl-alt-x]
x

value: portal navigation p-navigation p-navigation-label

value: Guidance on how to use and edit Wikipedia

value: About the project, what you can do, where to find things

value: A list of recent changes in the wiki [ctrl-alt-r]

value: portal navigation p-interaction p-interaction-label

value: List of all English Wikipedia pages containing links to this page [ctrl-alt-j]

value: Recent changes in pages linked from this page [ctrl-alt-k]

value:
/wiki/Wikipedia:File_Upload_Wizard
Upload files [ctrl-alt-u]
u

value: A list of all special pages [ctrl-alt-q]

value: Permanent link to this revision of the page

value: Link to connected data repository item [ctrl-alt-g]

value: Printable version of this page [ctrl-alt-p]

value: /static/images/wikimedia-button-1.5x.png 1.5x, /static/images/wikimedia-button-2x.png 2x

value: /static/images/poweredby_mediawiki_132x47.png 1.5x, /static/images/poweredby_mediawiki_176x62.png 2x

value:
suggestions
display: none; font-size: 13px;

value: mediawiki ltr sitedir-ltr mw-hide-empty-elt ns-0 ns-subject page-Crimes_Substituted_Section_59_Amendment_Act_2007 rootpage-Crimes_Substituted_Section_59_Amendment_Act_2007 skin-vector action-view