Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 

Law Society On Anti Smacking Bill


Family Law Section Of The New Zealand Law Society

Media Release On The Crimes (Abolition Of Force As A Justification For Child Discipline) Amendment Bill

Simon Maude, the Chair of the Family Law Section of the New Zealand Law Society, says the Section does not endorse the Select Committee's amendments to the Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Bill. The Family Law Section's view is that the proposed amendment is inadequate and it strongly urges that careful consideration be given to what is appropriate by way of use of force when disciplining a child, so that a clear message can be sent to the public that violence against children is not acceptable, and so that there can be consistency and certainty in the outcomes of criminal prosecutions.

The Section consulted the Society's Criminal Law Committee, which agrees that the proposed amendment is unwieldy and would create significant problems for police in prosecutions involving violence against children.

The Family Law Section made submissions to the Select Committee that the existing defence to an assault on a child, if reasonable force was used for the purposes of correction, should be amended to clearly define what force could be used. The resultant Bill, that has now been put before the House for a third and final reading, appears to be a hasty political compromise and astounds the Section because it justifies the use of force against a child if it is for the purpose of, among other things, “performing the normal daily tasks that are incidental to good care and parenting”. This appears to be a prescription that widens rather than narrows what is permissible and certainly does nothing to create certainty.

The proposed amendment does nothing to assist the police or the Courts in defining what level of force, if any, is appropriate and the Section's view is that it will only increase legal uncertainty as to outcome when prosecutions are brought. Furthermore it will enable a more indiscriminate use of force than had otherwise been justified under the old legislation.

Ends

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On The Erebus Memorial In Parnell

Social media can be a wonderful tool for bringing people together in a common cause. It can also be a seedbed and spreader of mis-information on a community-wide scale. To which category do the protests against the siting of an Erebus memorial (to the 257 New Zealanders who died in that tragedy) in a secluded corner of a Parnell park happen to belong? IMO, it is clearly the latter, and the reasons for thinking so are explained below... More>>

 

Government: Border Exceptions Will See More Families Reunited

Hundreds more families who were separated by the border closure will be reunited under new border exceptions announced today, Immigration Minister Kris Faafoi said. More>>

ALSO:

National: Proposed Hate Speech Laws A Step Too Far

Reports of the Government’s proposed new hate speech laws go a step too far and risk sacrificing the freedoms New Zealanders enjoy, National’s Justice spokesperson Simon Bridges says. “The reforms are supposedly including protections to every ... More>>

ALSO:

Agriculture: Government To Phase Out Live Exports By Sea

The Government has announced that the export of livestock by sea will cease following a transition period of up to two years, said Agriculture Minister Damien O’Connor. “At the heart of our decision is upholding New Zealand’s reputation for high ... More>>

ALSO:


PM Ardern And PM Morrison: Commencement Of Two-Way Quarantine-Free Travel Between Australia And New Zealand

Joint Statement by Prime Ministers Scott Morrison and Jacinda Ardern Commencement of two-way quarantine-free travel between Australia and New Zealand Today, Australia and New Zealand have fulfilled their commitment to establish two-way quarantine free ... More>>

Claire Breen: ACC’s Policy Of Not Covering Birth Injuries Is One More Sign The System Is Overdue For Reform

Claire Breen , University of Waikato Recent media coverage of women not being able to get treatment for birth injuries highlights yet another example of gender bias in healthcare in New Zealand. More>>

Police: Police Accept Findings Of IPCA Report Into Photographs Taken At Checkpoint

Police accept the findings of a report by the Independent Police Conduct Authority (IPCA) relating to photographs taken at a checkpoint in Northland. On November 16, 2019, Police set up a checkpoint down the road from a fight night event in Ruakaka ... More>>

ALSO:


 
 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels