New Zealand Passes Anti-Smacking Bill

A law effectively banning parents from smacking their children has been overwhelmingly passed by New Zealand’s parliament. The new law has closed a legal loophole in New Zealand’s Crimes Act which had allowed “reasonable force” to be used by parents in disciplining a child. Critics of the old law said such a provision had helped acquit parents in child abuse cases.

However, the new bill allows the police to use discretion over whether a parent should be prosecuted or not.

Supporters say the previous law was too lenient, but critics say the new rules intrude too far into family life. The changes have stirred huge concern from the public worried that it will make criminals of parents.

To allay fears, a clause has been added giving police the power “not to prosecute complaints where the offence is considered so inconsequential there is no public interest in proceeding with a prosecution.”

Although police have the power to turn a blind eye to “inconsequential” incidents, opponents of the new law say it does not make clear what that entails.

“The problem with the bill is that while it will allow light smacking, it will do so under circumstances almost impossible to interpret,” Winston Peters, of the New Zealand First Party, said.

The bill’s sponsor, Green Party MP Sue Bradford, said the aim of the new law is to stop child-beaters from using “reasonable force” as a legal defence - and not to prevent a parent from smacking a child.

In public opinion polls the new bill was opposed by 80 percent of New Zealanders. Bob McCoskrie, director of Family First New Zealand said that the new law was now very confusing. After obtaining an opinion from Queen’s Counsel Grant Illingworth, Family First cautioned parents yesterday not to incriminate themselves to police.

Mr McCoskrie said that, under the amendment, parents could still use reasonable force for the purpose of prevention, but not for correction.

“What the QC is saying is that if you ever do get prosecuted for giving a light smack, simply say it was for the purpose of preventing bad behaviour, not correcting bad behaviour, which shows just how ridiculous the law is.”

Smacking is banned in some European countries, but is not in most parts of the world.