I see Roger Larkins is calling for a repeal on light smacking having been banned. The wording seems to be obfuscate at it's worst as if this is what you are asking for as the law already allows for light smacking in the clause which states that inconsequential physical correction will not be prosecuted.
However, can you comment on your position on the father who recently slapped his 4 year old daughter for soiling herself?
Brendon
Candidate Answers
Candidate
Answer
Thanks for your question, as it raises a very good issue. I've googled the incident you referred to, If this is the correct link: http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10767881. The article includes the following statement: “He dragged her into the bathroom, held her under a cold shower, and repeatedly slapped her, leaving marks and bruises on her face and body.” Presuming these are the complete facts (and I only have the detail from the NZ herald article), I would understand that the incident would have been a crime under the old law (Section 59 of the Crimes Act).
My concern is investigation and prosecution for 'light smacking'. There have been many instances in which police intervention has been undertaken, and in some instances charges have been laid, in response to what can generally be called 'inconsequential physical correction'. Please bear in mind that the law states 'will not be prosecuted'. It does not say 'will not be investigated'. The latest police statistics show that almost 500 families have had the trauma of a police investigation (http://www.familyfirst.org.nz/2011/09/police-resources-and-time-wasted-on-smacking-cases).
The investigation process can be inherently traumatic. In most instances there has been no outcome other than the immediate effect on the family of having a parent taken to the police cells, and the child/ children being placed in CYFS care for a short period. Bearing in mind a level of interference even at that level, the impact on all parties concerned is not insignificant.
In conclusion I would also categorically state that the law should not be used as a defence against child abuse, which is clearly abhorrent, and where it occurs (as would appear to be the case in the situation you cited) should be prosecuted to the full extent of the law. Meanwhile the rate of child abuse continues unabated – sadly. The law that has potentially criminalised everyday parents has not provided any relief to those who need it most.
A child soiling herself is unlikely to demonstrate the desired modified behaviour because of a slap. Therefore the slapping of the child in this instance could well be considered inappropriate.
The problem with the law as it stands is that it is unclear as to what counts as "inconsequential physical correction". Parents however should not be criminalised for disciplining their own children.
Also, the law as it stands made no difference in relation to the recent death of infant J.J. The family maintining their right to silence is the issue. We need to be able to come down hard on families in this situation, not have decent parents living in fear of legal action for minimal discipline.
