Smacking case 'bad law'

Last updated 00:00 01/01/2009

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Opponents of the so-called "anti-smacking" legislation have labelled one of the country's first prosecutions a massive overreaction resulting from bad law.

A Masterton father was sentenced this week to nine months' supervision for grabbing his eight-year-old son by the shoulder, holding the boy on his knee and spanking him three times with an open hand.

He pleaded guilty to assault. The conviction is one of the first under a new law which removes the "reasonable force" defence for parents disciplining children.

Family Party leader Richard Lewis said the father was addressing his son's bad behaviour.

"He's done what many thousands of responsible Kiwi dads have done in the past and probably continue to do. We are all against abuse. But there is a world of difference between abuse and an open palm smack on the bottom."

Mr Lewis said the conviction was an overreaction and the outcome of "very bad anti-family law".

Future New Zealand leader Gordon Copeland said the prosecution would create more confusion for ordinary families.

It was a bad law from a "liberal nanny state".

"It compels police and courts to act in situations where, previously, ordinary New Zealanders had certainty about their rights as parents and families."

But child advocacy group Barnardos welcomed the conviction. "Opponents of the law change are predictably alarmed, but they should examine the reported facts," acting chief executive Peter Gerrie said.

"The child was grabbed so forcibly as to have been bruised.

"The mother of the child was sufficiently concerned to photograph the bruising and discuss the situation with others.

"Someone was sufficiently concerned by the photo and what the mother said as to file a report."

Family First New Zealand national director Bob McCoskrie said he had learned of cases in which children about to be disciplined told parents, "You can't touch me or I'll tell the police."

"We are creating a paranoid parenting environment," he said.

 

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- © Fairfax NZ News

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