
A citizen initiated referendum on a controversial child discipline law is going to be held in three months time. Section 59 Crimes Act 1961, which provided a statutory defense for adults prosecuted for assaulting a child if the force used in the assault was for the purposes of correction, was repealed in 2007 via a private members bill from Green Party MP Sue Bradford. While an amended version of the bill was supported by 113 of 120 members of Parliament, the law has been largely unpopular and the media labeling of the repeal of section 59 as “the anti-smacking law” has fueled opposition.
Child advocacy groups however are campaigning to retain the repeal of section 59. Plunket, Barnardos, Save the Children and Unicef have set up a website encouraging voters to vote ‘yes’ on the referendum which asks “Should a smack as part of good parental correction be a criminal offense in New Zealand?” They have also objected to the wording of the question, with various reasons including the fact that “The word ‘good’ before ‘parental correction’ makes a value judgment which predetermines the answer.” and the term ‘parental correction’ being confusing in the context of the question. Others are also troubled by the question, one blogger wrote
the strongest part of me wants to boycott it, because i think the question is mischievous and wrongly framed. on the other hand, i’d also like to send a message that i support the modifications to s59 of the crimes act - in fact would have been happy for them to go further. and a yes vote seems to be the only way to send that message.
The referendum, possibly with a differently worded question, will be held by postal ballot in July and August.
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