Friday, 24 February 2006
On 11 August 2005, Dr A Jack of the Legal Services of the NZ Police, wrote to Mr Craig S. Smith, National Director Family Integrity. His letter, which has been brought to the attention of parliament by Judith Collins MP, is reproduced below with minor editorial additions in square brackets that take account of of Dr Jack’s omissions when referring to s. 59, as well as clarifying some points.
Dear Mr Smith
On behalf of the Commissioner I am writing in reply to your letter of 26 July 2005 concerning section 59 of the Crimes Act 1961.
As you will be aware, section 59 the Crimes Act 1961 authorises parents [“Every parent of a child … and person in the place of the parent of a child” ( excluding school teachers)] to use force by way of correction towards their children, if the force used is reasonable in the circumstances. If section 59 was repealed in its entirety parents [and “person[s] in the place of the parent of a child”] would not be authorised to use reasonable force by way of correction. Having said this, I am advised that parents [and “person[s] in the place of the parent of a child”] would still be authorised to use force to prevent harm to their children. For example, if a person stopped their child from running out onto a busy road or stopped their child from climbing over a balcony on a building.
However, smacking of a child by way of corrective action would be an assault. I am advised that the Police in investigating such cases, as is the case with all assault investigations, would consider the amount of force used in the circumstances before making a decision about whether a prosecution is required in the public interest. An aggravating factor in any such decision may be the fact that a child is generally more vulnerable than an adult.”
I trust this clarifies this matter for you.
A Jack (Dr)
NM – Legal Services
Office of the Commissioner
[Source: http://www.familyintegrity.org.nz/ see “Correspondence”]
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