Tag: Section 59

  • The anti-smacking law: Only a law change is morally acceptable

    NZ Prime Minister John Key is saying that he takes the referendum outcome seriously, and that he wants to reassure parents that they will not be investigated or prosecuted just for smacking a child. See the story here.

    Police and Child Youth and Family officials will be warned to not prosecute parents for lightly smacking their children.

    Prime Minister John Key told the Sunday Star-Times in Sydney yesterday he was planning to introduce “increased safeguards” to prevent parents who gave their children “minor” or “inconsequential” smacks from being either investigated or prosecuted.

    The PM claims that he actually supports the view of those who voted no.

    Mr Key also told TVNZ’s Q&A programme this morning that he agreed with the result. “I agree and support their view there, I think it would be totally inappropriate for a New Zealand parent to be prosecuted for lightly smacking a child.

    Here’s the problem: Their (our) view is that a smack as part of good aprental correction should not be a criminal offence. Unless the law is changed, it will continue to be a criminal offence. To say that it will remain a criminal offence, but police will be advised not to prosecute these criminals, is not to share our view at all.

    Criminals should be prosecuted. If a reasonable smack (not a punch, a whipping, a “good hiding,” etc) as part of normal correction should never be prosecuted, then it should not be a crime in law, which it currently is.

    Stop being half hearted, Mr Key. If you share our view, as you claim to, that a smack should not be a crime, then seek a law change so that a smack is not a crime. It’s not complicated. We’re waiting.

    Leave comments here

    Write to John Key and the Cabinet

    https://familyintegrity.org.nz/2009/the-message-is-clear-decriminalise-light-smacking/

    and

    http://familyintegrity.org.nz/2009/referendumsection-59-the-way-forward/

  • The Message is Clear…Decriminalise Light Smacking

    The Message is Clear…


    Decriminalise


    Light Smacking


    WOULD YOU CONSIDER TAKING 2 MINUTES TO SEND AN IMPORTANT EMAIL?

    Tomorrow morning, and in response to the whopping 88% who voted NO in the Referendum, John Key will be going to Cabinet to recommend ‘increased safeguards’, guidelines and ‘a level of comfort’ for parents under the anti-smacking law. But the Referendum wasn’t about ‘recommendations’, ‘guidelines’ or ‘comfort’ – it was about a law change .

    As the law stands, a light smack is a criminal offence subject to whether the police agree it was ‘inconsequential’ and then whether CYF agree that you’re not an abusive parent (only after an investigation that may require your children to be removed temporarily). We’ve documented many cases where this interpretation would be completely different to what you and I would think ( see here).

    PLEASE TAKE A MOMENT TO EMAIL THE MEMBERS OF CABINET

    Almost all of these Ministers were in Opposition when the law was passed and actively lobbyed against the law change until they were ‘whipped’ to support the compromise – some even helped collect signatures and promoted the need for a Referendum! It’s not about John Key’s view – it’s about Cabinet listening to the almost 90% who voted NO in the Referendum

    Here’s the emails…
    john.key@parliament.govt.nz ; bill.english@parliament.govt.nz ; gerry.brownlee@parliament.govt.nz ; simon.power@parliament.govt.nz ; tony.ryall@parliament.govt.nz ; nick.smith@parliament.govt.nz ; judith.collins@parliament.govt.nz ; anne.tolley@parliament.govt.nz ; christopher.finlayson@parliament.govt.nz ; david.carter@parliament.govt.nz ; murray.mccully@parliament.govt.nz ; tim.groser@parliament.govt.nz ; wayne.mapp@parliament.govt.nz ; steven.joyce@parliament.govt.nz ; georgina.teheuheu@parliament.govt.nz ; paula.bennett@parliament.govt.nz ; phil.heatley@parliament.govt.nz ; pansy.wong@parliament.govt.nz ; jonathan.coleman@parliament.govt.nz ; kate.wilkinson@parliament.govt.nz ;  mail@hef.org.nz; admin@familyfirst.org.nz
    (we’ve added our email address simply so we can monitor how much email traffic each Cabinet Minister is receiving)

    Step 1 : Simply highlight all emails, copy and paste in a new email.

    Step 2 : Write a simply message which starts with something like
    “Decriminalise Light Smacking – Please hear the voice of the 88% who voted against the anti-smacking law….” And then, if you want, add any additional comments – but at all times, PLEASE BE RESPECTFUL!

    Use this as a guide:

    (Write to John Key now: https://familyintegrity.org.nz/2009/family-integrity-473-write/_)

    Step 3: Press SEND!

    Thank you. Your voice really does count.

    Kind regards

    Bob McCoskrie
    National Director

    http://www.familyfirst.org.nz

  • Write to John Key NOW

    Key signals protection for parents

    http://www.stuff.co.nz/national/2778529/Key-signals-protection-for-parents

    By GRAHAME ARMSTRONG, COLIN ESPINER – Sunday Star Times

    Police and Child Youth and Family officials will be warned to not prosecute parents for lightly smacking their children. Prime Minister John Key told the Sunday Star-Times in Sydney yesterday he was planning to introduce "increased safeguards" to prevent parents who gave their children "minor" or "inconsequential" smacks from being either investigated or prosecuted. Write to John Key now: https://familyintegrity.org.nz/2009/family-integrity-473-write/ Key's move is designed to appease the "Vote No" campaigners, who were yesterday celebrating an overwhelming win in the citizens-initiated referendum asking: "Should a smack as part of good parental correction be a criminal offence in New Zealand?" Of the more than 1.6 million New Zealanders who voted (a 54 percent turnout), 88 percent said smacking children should not be a criminal offence. The "Yes" campaign attracted 12 percent of the vote. "What I am wanting to ensure," Key said, "is that parents have a level of comfort that the police and Child Youth and Family follow the intent of parliament, and that they can feel comfortable that in bringing up their children they are not going to be dragged before the courts for a minor or inconsequential smack." Write to John Key now: https://familyintegrity.org.nz/2009/family-integrity-473-write/ Key said that although police had statutory independence from the government, cabinet had some options to direct them, which would be outlined tomorrow. Given the referendum results, campaigners are baying for the law to be changed back or at least amended, allowing parents to use an open hand to smack their children on the bottom or hand. Write to John Key now: https://familyintegrity.org.nz/2009/family-integrity-473-write/ Key got himself into an awkward political position on the issue after cutting a deal in 2007 with then Prime Minister Helen Clark to ban the use of force as a "corrective" measure. He has repeatedly said he does not believe police are prosecuting parents unnecessarily and that he remained comfortable the law was working. Four police reports had said the law change in 2007 has had "minimal impact on police activity" and another was due for release early this week. Key said that report would also show a similar result. Sending the issue back to parliament would consume the country at a time when there were bigger issues to deal with, he said. Write to John Key now: https://familyintegrity.org.nz/2009/family-integrity-473-write/ Family First, which led the "Vote No" campaign, said the result was clear-cut and justified changing the law "so that good parents are not treated as breaking the law for light smacking". It also wants the government to establish a Royal Commission into child abuse to identify and target the real causes. "The 87.6% of New Zealanders who voted no are not people who are demanding the right to assault and beat children," says Bob McCoskrie, national director of Family First. "They are simply Kiwis who want to tackle the tougher issues of family breakdown, drug and alcohol abuse, mental illness, violence in our media, poverty and stress, and weak family ties."
    McCoskrie also urged the Families Commission to represent the voice of families, not politicians, and call for the anti-smacking law to be amended. Write to John Key now: https://familyintegrity.org.nz/2009/family-integrity-473-write/ Although McCoskrie personally thinks it is OK for a parent to use a wooden spoon to discipline their children, he believes it would be clearer if it was written into the law that it was all right to use an open hand to smack a child on the bottom and the hands. "I've always thought it would be better to give parents certainty and just say use your hand, and then you know exactly what the force is. At the same time, I hear mums say they prefer the wooden spoon and sometimes that has the same effect as an open-hand smack. I do have a problem with belts... we should stay right clear of that level just to avoid any doubt." McCoskrie said the "Vote No" camp spent $49,100 on its campaign, within the legal $50,000 cap for a referendum. Write to John Key now: https://familyintegrity.org.nz/2009/family-integrity-473-write/

  • The opponents of the anti-smacking law outnumber the supporters of ANY New Zealand government

    I (Beretta Blog) spotted this over at Kiwiblog today:

    1. 1,420,959 – Voted no to treating correctional smacking as a criminal offence
    2. 1,053,398 – 2008 Voted for National when they won the election
    3. 935,319 – 2005 Voted for Labour when they won the election
    4. 838,219 – 2002 Voted for Labour
    5. 800,199 – 1999 Voted for Labour
    6. 701,315 – 1996 Voted for National

    This certainly puts the lie to the claim that the referendum is irrlevant or that it was ignored because of an alleged bias in its presentation. The reality is, just those who voted NO outnumber the supporters of any political party that has won an election in this country. Then add the 200,000 or so who voted in the minority, and you’ve got one heck of a popular and representative referendum!

    Let’s now sit, watch, and see what our Prime Minister is made of.

  • Putting the referendum result in context

    via TBR.cc by iwishart on 8/21/09

    It has been said that the overall turnout (54%) in the smacking referendum provides no mandate.

    If this were true, no city or regional council has a mandate to govern today and all should resign pending a fresh election, as those results are decided on turnouts of fewer than 50%.

    But more significantly, here’s something else to keep in mind.

    More than 1.4 million people voted ‘No’ on the referendum.

    In the 1999 election that swept Labour’s Helen Clark to power, 800,199 people voted Labour.

    In the same 1999 election, 629,932 voted National.

    In other words, the no vote in the referendum is almost double (75% higher in fact), than the number of voters who gave Helen Clark a mandate to run New Zealand for three years.

    It is more than double (130% higher in fact), than the number of people who voted National in 1999.

    In fact, it may even be that on the final tally, the ‘No’ vote actually exceeds the combined votes of both National and Labour at the 1999 election.

    Green Party MP and pro-smacking law campaigner Sue Bradford has tried to argue that if you take into account those who didn’t vote (46%), and add them to the 11% who voted in favour of her own position, that’s a majority of the population who support her and therefore the referendum gives “no mandate” for change.

    Taking that logic at face value, if we look at the 1999 election, the number of people who did not vote Labour or did not turn out to vote, clearly outweighs Labour’s 800,000 votes.

    Bradford is on a loser if she keeps riding down that path.

    Ironically, more people voted No in last night’s referendum than voted in favour of introducing MMP to our electoral system. Does that mean we should declare MMP null and void using Bradford’s logic?

    Perhaps, if we did, the Greens would disappear in a puff of (dope) smoke.

  • They did not drown out the voice of the people! So what now?

    The Kiwi Party
    Press Release

    Kiwi Party Leader and referendum petition organiser Larry Baldock was thrilled by the provisional results released tonight by Chief Electoral Office.
    “My wife and I spent 18 months travelling through this country three times listening to people from all walks of life as they signed the petition on street corners, beaches, shows and sports events. What we heard then is confirmed in the result tonight,” said Mr Baldock.
    “The turnout of 54% confirms that New Zealanders value democracy and want their voice heard. The 87.6% no vote confirms that parliament was not listening to the people when 113 of them passed the Bradford law in 2007.
    “Personally I want to thank so many people for making this referendum and result possible. There have been many hundreds of volunteers who spent many hours of their time collecting signatures who can tonight feel very good about the sacrifice they made.
    I also want to thank every Kiwi that took part by casting their vote and continuing to put their faith in our democracy.
    “Because of the oxymoronic state of non-binding referenda in this country we must now ask the Prime Minister to respect our efforts and our voices. It is time to stop claiming the ‘law is working well’ when there remains 87% opposition to it after more than 2 years.
    “I have outlined a proposal for a way forward in the document attached that I believe would respect the result of this referendum,” Mr Baldock said.

    Ends

    Contact Larry Baldock
    021864833

    Attachments: The_way_forward.doc
  • Key says no to changing smacking law

    Key says no to changing smacking law

    http://www.stuff.co.nz/national/politics/2776861/Key-says-no-to-changing-smacking-law

    By TOM FITZSIMONS, COLIN ESPINER and CLIO FRANCIS – The Dominion Post

    Smacking referendum results by electorates

    Pro-smacking campaigners are calling on the Government to fast-track a law change to allow parents to smack their children, after a thumping referendum victory.

    But Prime Minister John Key says he will not change the law, and the law’s original sponsor, Green MP Sue Bradford, says the question was so flawed the result is meaningless.

    Children’s Commissioner John Angus also joined the chorus of people saying the law should remain, as “it is good for children”.

    The referendum, which cost $8.9 million and drew a voter turnout larger than most local body elections, asked: Should a smack, as part of good parental correction, be a criminal offence in New Zealand?

    In preliminary results issued last night, 87.6 per cent of those who voted answered No, and 11.81 per cent said Yes.

    More than 1,622,000 people or 54 per cent of enrolled voters voted.

    Mr Key said he “took the message seriously” and would take a series of proposals to the Cabinet on Monday.

    The proposals stopped short of a law change, but he would not say whether he was planning to give new instructions to police. “It is my belief that the law is working and that at this point we don’t need to change the law,” he said.

    “I don’t think a law change is necessary. There are other changes that fall short of changing the law that I think can be introduced.”

    Mr Key has said he smacked his two children “very lightly and in moderation” when they were younger.

    Kiwi Party leader and poll campaigner Larry Baldock said the turnout showed how strongly people felt about the issue, and sent a firm message to Mr Key: “They want the authority back in the home and he is foolish to suggest this law is working.”

    Mr Baldock, a former MP, said the Government should bypass the select committee process and move straight to a vote in Parliament. References in the Crimes Act that barred parents from using force “for the purpose of correction” should be deleted, he said.

    He denied the poll question was biased and confusing. The law had made people angry. “Every parent has been disempowered. They’ve got children coming home and saying, `You can’t touch me’.”

    Ms Bradford said she had expected a majority “No” vote. She believed some people were so confused by the question they accidentally voted the wrong way. “Because the question is so flawed, the result is flawed. It’s not a clear indicator to the Government of what it should do, if anything.”

    Other voters had told her they had scrawled abusive comments on their ballots instead of answering the question, which could have spoiled their votes, she said.

    She accepted some people were still uncomfortable with the law, but said it should stand because “it’s a law about protecting our most vulnerable citizens”.

    Sheryl Savill, who instigated the referendum, felt “overwhelmed” by the result. “I am so pleased that such a large number of people have shown their support for this issue.”

    Chief Electoral Officer Robert Peden said no data was kept about how many ballots had been written on or otherwise spoiled. But 9696 votes were recorded as “informal” because the voter’s intention could not be understood.

    Police are due to release their final report into how the law has affected their operations early next week. In reports so far, they have said its impact has been minimal.

    Turnout dwarfed the only previous citizen-initiated referendum decided by mail a 1995 question about firefighter numbers that only 26.96 per cent of voters responded to. Turnout at last year’s local body elections was about 41 per cent.

  • Anti-smacking referendum: No vote wins

    Anti-smacking referendum: No vote wins

    http://www.stuff.co.nz/national/politics/2776567/Anti-smacking-referendum-No-vote-wins

    By MICHAEL FOX – Stuff.co.nz

    Last updated 20:03 21/08/2009

    New Zealanders have overwhelmingly voted for the anti-smacking law to be canned.

    A total of 1,622,150 votes were cast with 87.6 percent in favour of repealing the controversial new law.

    The Chief Electoral Office said it would now complete checks and count voting papers still to be received, before releasing the final result.

    The preliminary results from the $9 million citizens-initiated referendum which asked: “Should a smack as part of good parental correction be a criminal offence in New Zealand?” have just been released.

    Both sides of the campaign had earlier admitted this was the more likely result.

    Labour deputy leader Annette King said the referendum had allowed everyone to have their say.

    “It’s now up to the Government to determine what the next steps are. Labour is yet to see evidence that the current Act needs to be changed. It is going to be reviewed at the end of the year and we will wait to see the outcome of that.”

    The referendum followed a controversial law change in 2007 led by Green Party MP Sue Bradford, which repealed Section 59 in the Crimes Act, a clause which made it legal for parents to use reasonable force to discipline a child.

    Those leading the “Vote No” campaign had argued the law had achieved nothing and was not targeting the real causes of child abuse in New Zealand.

    The “Vote Yes” advocates wanted the law to be kept, saying fears that innocent parents would be criminalised had not eventuated and that children deserved the same protection against physical harm as adults.

    Both Prime Minister John Key and opposition leader Phil Goff have indicated they were comfortable with the law and the referendum would not necessarily change that.

    The law change made it illegal for parents to use force against their children but affords police discretionary powers not to prosecute where the offence is considered inconsequential.