ACT MP moves to allow ‘reasonable force’ in disciplining children

New Zealand’s controversial “anti-smacking” legislation is again under scrutiny as ACT MP John Boscawen moves to allow the use of force to discipline children.

Boscawen will introduce a private member’s bill to allow parents and guardians the use of “reasonable force” to correct children and set statutory limits to define it.

He says the current law is very confusing for parents who do not know where they stand.

The new bill defines force as reasonable if it causes no more than “transitory or trifling” injury, essentially meaning that no bleeding, bruising or lasting mark should result from it.

No weapons or implements may be used and the punishment must not be cruel or degrading to the child.

In 2007 Parliament voted in favour of an amendment to the Crimes Act, repealing section 59, which had permitted the use of reasonable force against children.

The amendment was sponsored by Green MP Sue Bradford, and supported by Labour and National.

Bradford says the law should not attempt define reasonable force as that would legitimise violence against children.

“I really hope MPs won’t go back to such a barbaric practice. There are much better ways of bringing up children,” she says.

In the third review of police activity following the 2007 amendment, released last December, police reported very little impact on their activity as a result of the amendment.

“Giving police the discretion not to prosecute parents who do smack their children essentially gives people the okay to break the law,” says Boscawen.

However, he points out that even if police choose not to prosecute, another agency, such Child Youth and Family Services, may still do so.

The 2007 amendment followed over a decade of pressure from the United Nations Committee on the Rights of the Child (UNCROC) to repeal Section 59 of the Crimes Act.

Bradford says New Zealand followed 22 other countries which have changed their laws to give children the same legal protection from violence as adults.

“No other country has ever gone back on changing the law and it would be terrible if New Zealand was the first [to do so],” she says.

Boscawen says his bill does not allow parents to assault their children and if it contravenes the UNCROC charter, then New Zealand should re-evaluate the charter.