Reality bites for 'smacking' petition

Last updated 10:40 24/06/2008

Sometimes I think God really does have a sense of humour.

On the same day as the Christian far Right marches into Parliament to re-deliver a petition seeking a referendum on the right to return to beating their children, the police release statistics on the operation of the first year of Sue Bradford's S59 Amendment Act.

This is the law, you'll remember, that Family First, failed politician Larry Baldock, radio show host Simon Barnett, and the now defunct Destiny Church political wing decried as "criminalising'' ordinary parents. It would, they declared, lead to mums and dads around the country thrown in the slammer for delivering so much as a tap on little Johnnie's bottom.

Such was the hue and cry around this bill that it has been credited with sealing Labour's fate at the polls once and for all. I haven't seen any figures to back this up, but I know even Labour admits privately that it took a big hit to its support by voting for Bradford's bill. (It's ironic that National has escaped unscathed despite also voting for it, but that's another matter.)

So it was with considerable interest that I opened the police report on the number of prosecutions for smacking in the past year. Let's see, the number was...oh yes, here it is. None. That's right, none. How many Mr Baldock? None. Mr Barnett? None. That's right. Police prosecuted no one for smacking their child in the past year.

There was, as was expected, an increase in the number of smacking complaints investigated by police as people tested the new law. It wasn't terribly onerous, however. There was no "home invasion'' as Mr Barnett foretold. In total over the past six-month review period of the law, police investigated 13 complaints of smacking. All were determined to be inconsequential.

A further 69 acts of "minor physical discipline'' were investigated by police, of which all but four were not prosecuted. Of the four that were, one was withdrawn and three others are proceeding.

How does this compare with before the law took effect? Police haven't released the full-year figures yet so it's not quite an apples-with-apples comparison. But for smacking, the last three months saw one more complaint than in the three months prior to the enactment of the bill.

There were 17 more cases of minor physical discipline and 11 more of child assault than in the three months before the bill was enacted. We need to wait three more months to see the corresponding period last year to exclude "seasonal variations'' (apparently these exist according to the police).

So the sky hasn't fallen in and law-abiding parents haven't been prosecuted. So why do we need a referendum? Proponents will say that the relatively high proportion of cases not proceding to prosecution shows many parents have been unnecessarily troubled by the police. They will also say that there is no sign of the bill actually working as intended, which was to stop people beating their children.

It's true that while there is no sign of the police acting heavy-handedly, we don't yet know whether or not the law has led to a reduction in child abuse. It will be some years before enough data is in to make such a call one way or another. Has the act caused people to think twice before smacking their children in public? Some say it has. Again, there are no statistics on this.

Electoral authorities say it's probably too late for this referendum, if it is approved, to take place at this year's election. That means it will have to be held separately. A conservative estimate of the cost of a separate referendum would be $1 million.

Personally I can think of better ways of spending taxpayers' money than a referendum on a law that, while not perfect, closed a defence used by child abusers to avoid prosecution and has not led to any sensible parents being prosecuted.

125 comments
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Roscoe   #1   10:55 am Jun 24 2008

"So the sky hasn’t fallen in and law-abiding parents haven’t been prosecuted. So why do we need a referendum?"

So if nobody is being prosecuted under the amended Act, why did we need the amendment at all?

Alan Wilkinson   #2   11:04 am Jun 24 2008

Silly logic, Colin. Just because a bad law hasn't yet been abused doesn't justify it. And it was never going to be abused in election year with the Government that passed it super-sensitive to its consequences. That's just naive twaddle.

Why should New Zealanders put up with having bad and potentially very destructive law? Answer: we shouldn't.

Also you say the new law <i>closed a defence used by child abusers to avoid prosecution</i>. Rubbish. Give one example.

jennifer   #3   11:11 am Jun 24 2008

Perhaps the 'smacking' referendum could be held mid-term along with the promised MMP referendum, to cut down on costs?

Alan Wilkinson   #4   11:23 am Jun 24 2008

<i>law-abiding parents haven’t been prosecuted</i> Another bit of meaningless rhetoric.

How can you or anyone else judge if those who have been prosecuted are law-abiding or not? The best we can do is find out whether anyone has been prosecuted under the new law who would not have been prosecuted under the old law. Apparently your answer is no-one has, in which case Roscoe's question is both pertinent and conclusive.

waymad   #5   11:30 am Jun 24 2008

One reason that little of consequence has flowed out of this foolish legislation is that people, by and large, simply ignore it.

That's a very good reason to not pass such dopey stuff in the first place: a citizenry which becomes accustomed to ignoring small inconveniences, will extend the attitude to more and more. After all, to quote an old Chinese maxim "the hills are high, and the Emperor is far away'.

And that attitude ain't good for civilisation, in the widest sense.

Robert   #6   11:39 am Jun 24 2008

I feel sorry for the children whose parents have taken to the grandstand over this issue. They are more likely to get beaten, as their parents try to make a point, then they were before the amendment. A million dollar referendum for the right to hit children, with or without reason, is not only a waste of taxpayers money, but a disgrace to this country. Why would we want to give abusers back the right to batter their offspring and get away with it? You can't tell a well meaning parent from a bad one from a distance, so at least the discretion given to police on whether to prosecute or not allows society to have a look at what's happening.

Jamie   #7   11:42 am Jun 24 2008

Roscoe

Your Logic is dumb all it does ,is show that most New Zealand Parents are Law abiding the bill wasnt even required!! The ones that beat their children will never be stopped by Bradsfords Bill ,and everyones knows it!!

Bryan Spondre   #8   12:15 pm Jun 24 2008

So the police investigated 99 cases as a consequence of this bill of which 3 are proceeding to prosecution ? So police time was taken up with 96 pointless investigations while <a href='http://www.interest.co.nz/ratesblog/index.php/2008/06/22/chart-crime/' rel="nofollow">real violent crime </a>continues to rise ?

jimmy   #9   12:29 pm Jun 24 2008

You miss the point Colin. The people of NZ are voting against labour for interfering with an essential family choice - that is having the right to smack your child as a disciplinary measure.

Whether the police prosecute or not under the amendment Act is totally irrelevant.

Shelley   #10   12:39 pm Jun 24 2008

Colin "a petition seeking a referendum on the right to return to beating their children" and Robert "Why would we want to give abusers back the right to batter their offspring and get away with it?"

So before this bill was passed parents were able to batter their children by 'right'? Oh please, spare me the over dramatisation. It was NEVER okay to batter your children before this bill (not in recent history anyway). The bill stopped parent's using 'reasonable force for the purpose of correction' as a defence. Fair enough too, but to imply that people who signed the referendum are wanting to change the law back so they can legally beat their kids up is ridiculous and over the top.

I don't smack my children, I think there are far more effective ways to discipline them. But I have two issues with this new law. Firstly, numerous studies world wide point consistently to several factors being the cause for child abuse. The time, effort and money spent on getting this bill passed should have been used to address these factors. Secondly, every single incident looked into by the police must also be looked into by CYFS. This agency is already grossly under staffed and resourced. Many of the families involved in the shocking deaths we hear about month in and month out are known to CYFS already. These are families where they know for sure abuse is going on, but their limited powers and resources mean they can't always protect the child. Now to compound matters, their time is further stretched to investigate trivial incidents.

Meanwhile children are still being abused and killed by their caregivers. I don't pretend to know all the answers, but it makes me so angry that so much time and effort has been directed towards something which wont make a blind bit of difference to those children caught up in shocking cycles of abuse.


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