What

1
Whats it all about?

• Section 59 of the Crimes Act -
• the new child discipline law

2
Amendment of Section 59 of the Crimes Act.

• This presentation updates people on New Zealands
  new law banning physical punishment of children.
• It is an overview with some discussion points.
• It refers to the referendum to be conducted in
  July/August

3
16 May 2007

• Parliament passed the Crimes (Substituted Section
  59) Amendment Act.
• Huge majority supported the passing of the Bill -
  with 113 MPs in favour, 8 opposed.
• Bill came into force on 21 June 2007.

4
The Crimes (Substituted Section 59) Amendment Act

• The Bill removed what had been a defence in
  law for parents using
• force by way of correction towards the child,
  if the force used is reasonable in the
  circumstances
• Section 59 had allowed parents to defend using
  physical punishment if it was judged
  reasonable.

5
The amendment

• The purpose statement of the new S.59 stated to
  make better provision for children to live in a
  safe and secure environment free from violence by
  abolishing the use of parental force for the
  purpose of correction.
• It banned physical punishment/correction.
• Adults who need to restrain a child to keep it,
  or other people, safe are protected from
  prosecution.

6
The amendment continued

• Gives Police discretion not to prosecute when the
  assault is seen as trivial or having little
  impact (as in any other assault).
• It provides for a review of the effectiveness and
  impact of the law to take place after 2 years
  (late 2009).

7
Some, but not all, supporters of repeal included

• Commissioner for Children, Families Commission,
  Human Rights Commission
• Childrens Issues Centre, Institute for Public
  Policy at AUT, Waikato Law School, Association of
  Social Workers, Youth Law, NZ Assoc of
  Counsellors
• Plunket, Barnardos, Public Health Assoc,
  Paediatric Society, Unicef, Save the Children,
  Amnesty International, Birthright, La Leche
  League, Family Planning Assoc, Parents Centre, NZ
  Childcare Assoc, Playcentre, Relationship
  Services, National Network for Stopping Violence,
  Jigsaw
• Porirua, Auckland, Manukau and Waitakere Councils
• The Body Shop
• Te Whare Hauora O Ngongotaha/James
  Family/Presbyterian Support
• Anglican Church Maori and non-Maori,
  Nat.Council of Young Catholics
• National Council of Women, Maori Womens Welfare
  League, Pacifica, Women's Refuge
• and many, many more organisations and
  individuals

8
Why support the law change?

• Childrens right to be protected from assault
  within their families is now supported by law.
• Physical punishment is only effective in the
  short term.
• Children often do not understand why they are
  being hit and are confused when someone who loves
  them hurts them.

9
Hitting can cause injury

• Most injuries to children by their
  parents/caregivers begin as correction,
  punishment or discipline
• I only wanted to teach him a lesson
• As parents rely on physical punishment it may
  increase in severity and the risk of injury
  escalates.
• Hitting children can have a damaging effect on
  brain development and emotional development.

10
Hitting can cause damage

• More and more evidence is linking physical
  punishment with later problems
• Aggression and delinquency
• Poor mental health and poor self esteem
• Learning difficulties
• Relationship difficulties
• Criminal and antisocial behaviour
• Risk of victimisation of more serious abuse

11
Hitting is not effective

• Physical punishment is only likely to be
  effective in the very short term. It does not
  help children to learn good behaviour
• It is not necessary to hit or otherwise hurt
  children to help them to learn to behave well
  Playcentre, which is 60 years old, has a
  no-hitting philosophy.
• Positive parenting and constructive discipline is
  more effective in the long term.

12
Hitting children gives a wrong message

• Hitting a child sends the message that hitting
  others is acceptable children are likely to
  repeat the behaviour.
• Physical assault of adults in the home, in the
  military, in prisons, elderly care or other
  institutions is not allowed. Children are valued
  citizens and entitled to the same protection.

13
Since the law was changed

• No parents have been charged for any trivial
  offences.
• The defence of reasonable force is no longer
  permitted child abuse can no longer be
  defended as correction.
• Police and major party leaders have said that
  they believe that the law is working.

14
The referendum

• Groups opposing the law and believing that New
  Zealanders should be allowed to keep hitting
  children have forced a referendum on the issue
  to be held in late July 2009, by postal ballot.
• You will be asked to say Yes or No to the question

15
The question

• Should a smack as part of good parental
  correction be a criminal offence in New Zealand?
• Its tricky
• Say NO.and we could have the same situation as
  before and the terrible instances of violence
  that were excused under the old Section 59
  defence.

16
Say YES

• Say Yes and you are making a statement to
  support the law.
• Police use discretion if a smack is not seen as
  serious so small offences will not make parents
  into criminals
• http//yesvote.org.nz has facts, information and
  commentary

17
Children are Unbeatable 7 VERY GOOD REASONS NOT
TO HIT CHILDREN

• Written by Rhonda Pritchard in 2006 puts the case
  for not using physical punishment, gives reasons,
  lists studies and describes principles of
  positive, constructive discipline.
• Available free from UNICEF NZ
• Email 2helpkids_at_unicef.org.nz Phone 0800
  243 576
• Download the pdf from www.unicef.org.nz