Smacking revisited (again)

Last updated 11:29 12/11/2009

It's been two years since the changes to Section 59 came into force, and the Ministry of Social Development has released a new report that says law-abiding parents are not being criminalised as had been feared.

The report was a condition of the National Party's support for Sue Bradford's legislation, and was written into the Act.

It's interesting, though, because the statistics that it dredges up can pretty much be made to suit whatever side of the fence you happen to sit on.

While the number of prosecutions for "smacking'' remains at just one, this is a bit of a misnomer since smacking isn't actually an offence anyway, despite what everyone keeps saying. There is no such offence in the Crimes Act.

So police have broken down the prosecution data by description of the offence, and that shows 39 cases involving a report of smacking have been recorded since the law change, and 189 of "minor physical discipline''.

Then there's "assault on a child'' which is actually a different category again, and here's where it gets interesting. While the number of reports of minor discipline have remained pretty much constant through the period of the law change, there has been a huge increase in both reports and convicitions for child assault.

How big? Well, a 69 per cent increase in complaints and a 64 per cent increase in convictions between 2006 and 2008.

On top of that, there has been a huge increase in the number of referrals to Child, Youth, and Family for suspected child abuse, up from 71,927 to 110,797 over the same period.

But is this anything to do with the act? MSD says no. It says referrals were on the increase anyway, and although the trend has increased further since the new act came in, it's mostly due to police referrals, rather than members of the public dobbing parents in.

It could be police are erring on the side of caution, however, and flicking on more complaints to CYF than they used to. Certainly the number of substantiated cases is up only slightly, which could indicate CYF are looking into more complaints but not taking many any further.

The MSD report says it can't actually say whether any of this data means children are any safer, but it doesn't believe that parents are being unnecessarily investigated by the state. This is what I'd expect them to say, of course.

But I guess the question is whether it matters if they are? Because I'd imagine what's happened is that the whole issue of physical discipline has focused attention more on the actions of parents and caregivers and on child assault and child abuse generally. Which must surely be a good thing.

I don't think the report tells us much we didn't already know, and neither do I think it provides an answer one way or another for either opponents or supporters of the Bradford law.

Certainly when I talked to Larry Baldock yesterday he hadn't changed his view one iota.

It hasn't provided any firm evidence for Prime Minister John Key to have to do anything, either, though - so I suspect it will be status quo unless there is a clear example of a parent being prosecuted for a light smack.

There is one case currently before the courts, somewhere in the South Island I believe, where a parent is being prosecuted for smacking. ACT MP John Boscawen mentioned it on radio this morning. What the details are I don't know and I guess it's sub judice anyway, but it might provide critics of the law with more grist for their mill.

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Cullen's Sidekick   #1   11:47 am Nov 12 2009

Colin - This topic is as boring as Fill Gap's motivational speech to his fellow Labourers. So I will stay away from commenting. Why don't you write about Emperors' APEC junket? Until next topic, it is bye from me and bye from Kat.

Bill Brown   #2   11:47 am Nov 12 2009

It's always Groundhog Day in little old NZ. Too many old blokes with one-track minds.

Kayrn   #3   11:48 am Nov 12 2009

"While the number of prosecutions for "smacking'' remains at just one, this is a bit of a misnomer since smacking isn't actually an offence anyway, despite what everyone keeps saying. There is no such offence in the Crimes Act."

Oh, right. In that case, I expect the media to only ever refer to the technical wording of the actual criminal offence when reporting on crimes.

Don't be so ridiculous. Smacking can be referred to as an offence, just as much as stabbing someone can be referred to as an offence. They are both capable of satisfying the physical act element of an existing criminal offence.

God forbid someone should want to differentiate between different kinds of assaults on a factual basis.

RichardRight   #4   12:32 pm Nov 12 2009

well done Colin.....with 289 posts on the last subject rehashing the smacking topic will ensure the numbers stay up there for the new one....is it pay review time at fairfax? he he :)

kerry   #5   12:33 pm Nov 12 2009

Yippy...cullen sidekick is leaving NZ.

eddie   #6   12:51 pm Nov 12 2009

Hmmmm, yes...(RE)smacking again....

What about Mallard, off to Europe just in time for the rugby...but it's OK as it's work related (wonderful how they can find work around an important date, Hide found important work around the same time as his partners brothers wedding too, amazing coincidences.) and he will be meeting the IRB, WRC guys in the corporate box (I know he was the minister for the Rugby World Cup, but he aint in power no more, so he basically is still the minister for the RWC?)

But I guess he's off the hook as he's staying with an old flatmate (poor bugger, bet he gets primo seats at the rugby match though?)

It's starting to get rather tedious.....I'm off to 'anywhere abroad' but I'm sleeping rough on the streets and i'll only eat what passing people can donate.

Is this what it's all coming to?, see which MP can go the furthest and spend the least?. The sooner this Perks fiasco is sorted the better. It's going to get to the stage NZ will be like a hermit state sending it's MP's no where as they don't want to go, as they will be terrified about any flak from the NZ public/Media.

Mike   #7   01:01 pm Nov 12 2009

Cullen's Sidekick #1 RichardRight #4 Ironic but like most topics you have nothing to say and yet we still get to hear from you. Cully you are no longer funny and that is a shame but richie you never are funny so why bother commenting when all you have to say is you have no comment to make. Oh hang on you are right winnutters who support Labour Lite - a party that never has anything to say yet, like your leader, insist on waffling on endlessly about things that you have no idea about.

Cullen's Sidekick   #8   01:04 pm Nov 12 2009

kerry #5 - Kerry, I am disappointed that you are keen to drive a fellow Labourer out of the country. Like Trveor Mullet, I tried to sneak a free trip to Singapore as part of the APEC junket, pretending to meet my "work contacts". Speaker Lockwood has turned down my request saying "Sidekicks are meant to be only on the sideline". So I am back to my desk work, assisting Fill Gap to lose the next election.

Peter S   #9   01:06 pm Nov 12 2009

Mike #7 I guess the irony of your post is lost on you.

Murray   #10   01:33 pm Nov 12 2009

Hahaha.. I want to quote eddie(#268) from the last blog :-

Murray...

As someone in their 60's, you need something to do...your losing irrelevent posts are of someone who has nothing to do but sit in the house and wile the day away, (your posts are more like someone filling in a daily diary than actually contributing something worthwile to say) go join a local voluntary organisation and take your mind off Labour as you know it'll be at least 2015 before they are a force.

I hear the local 'what do you make of those nasty big salaries' group is looking for more members! End Quote.

What happened eddie(#6)? Were you not sitting beside your computer all day long ? I see you have come in at No 6 on this blog. You are usually No 1 with some trite comment of a couple of lines - anything to show that you are first there - you do not have any political cause such as an extremely wide income gap being more characteristic of a dictatorship than a democracy ; or that less physical correction of children might eventually contribute to less violence in a society.

I see a few posters on the last blog penetrated your pretentious veneer of constructive citizenship, eddie(#6). Now go ahead and respond by telling me National will definitely win the next election and that Phil Goff hasn't a hope of ever being a prime minister, and that socialism is evil.

I imagine you run a newspaper/coffee stall convincing your periodic customers to leave their change in a donation box for the National Party, and keeping an eye on the internet to be first on the next blog between customers.


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