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No increase in prosecutions after anti-smacking law

By COLIN ESPINER - The Press
Last updated 13:04 11/11/2009

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A review of the "anti-smacking" law has found no increase in the number of parents being investigated or prosecuted for light smacking.

The review was required by law two years after the change to Section 59 of the Crimes Act, which removed the defence of reasonable force for parents or guardians who hit their children.

A recent referendum found the vast majority of New Zealanders believed a light smack as part of good parental correction should not be an offence.

In the report, Ministry of Social Development head Peter Hughes said he could find no evidence that parents were being subject to "unnecessary state intervention" for occasionally lightly smacking their children.

The report says there has been a significant rise in the reporting, apprehension, and prosecution of violent crime, including within families. But it says police and Child, Youth, and Family have not changed the way they respond to reports of light smacking or other minor acts of physical discipline.

According to police files there were three reports of smacking passed to police in the past three months, down from eight in the previous six months and nine in the six months before that.

Reports of other forms of physical discipline were also well down, from 39 earlier this year to ten.

Meanwhile, there were 114 cases of child assault, down from 242 in the previous six months.

The number of police prosecutions for smacking remains at one, while there have been 14 cases of minor physical discipline resulting in prosecution.

Hughes said in his report he was satisfied that none of the prosecutions involved "inconsequential" smacks, with the victim being punched, slapped, or hit multiple times on various parts of the body in most cases.

"The data does not suggest parents are being subject to more attention from the New Zealand police in terms of responses to light smacking."

Social Development Minister Paula Bennett said she thought the review went some way to comforting parents that the law was being interpreted in the way it was intended.

"However, in light of the Citizens Initiated Referendum on this issue, a further report is still being undertaken by Police Commissioner Howard Broad, Mr Hughes and (child psychologist) Nigel Latta,” Bennett said.

It is due with the Prime Minister and the Ministers of Police and Social Development and Employment before the end of the year.

That report will review policies and procedures to identify any changes that may be necessary to ensure that good parents are treated as Parliament intended and the provisions of the law are applied to those who abuse children.

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