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Call from registered charity Family First NZ to politicians to change Anti-Smacking Law

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Family First NZ, a registered charity with the Charities Commission, has yet again called on politicians “to adopt the ‘Borrows’ amendment which did not ban smacking but which clearly stated what was abusive and what was not.” It has highlighted cases it claims “Reveal CYF Ignoring Intent of Ant-Smacking Law”.

Family First protest

NZPA Images
Reference: 25524
Photograph by Tim Hales

Source: http://www.teara.govt.nz/en/interest-groups/3/5

Cases Reveal CYF Ignoring Intent of Ant-Smacking Law

Media Release dated 18 June 2012

Family First NZ has released further cases highlighting how the anti-smacking law is being used to criminalise and persecute good parents.

“These cases add to the extensive list of cases already listed on the website www.protectgoodparents.org.nz and our documentary “My Mummy’s A Criminal” highlighting five families and the inaccuracies of the Prime Ministerial review led by Psychologist Nigel Latta,” says Bob McCoskrie, National Director of Family First NZ.

“These latest cases show a disturbing trend. Not only are police resources being wasted on investigating ‘smacking’ allegations, but Child Youth and Family (CYF) are ignoring the intent of the law and are removing children from good homes where the parents may use a smack, are failing to adequately investigate the background of families before uplifting children and traumatising families, and are refusing to place children with extended family who may use a smack even when CYF acknowledge the expertise and safety of the parents. They are also ignoring the fact that in many cases, the police are seeing no reason to prosecute.”

At the time of the law being passed, Prime Minister John Key said “Good parents want to have confidence that they will not be criminalised by this legislation if they give their children a light smack. It sends a strong signal that the level of violence against children in our society is unacceptable, but at the same time gives parents confidence that they will not be criminalised for carrying out their normal parenting duties.”

“The law was always sold to the public by pretending that non-abusive smacking would not result in a visit by the police or a social worker to remove the children. But the cases released today – and previously – show the exact opposite is happening,” says Mr McCoskrie. “Parenting has been put on trial in New Zealand, and they have every right to be concerned about a flawed, confusing, and badly applied law.”

“It is significant that the ‘discretion’ clause only applied to police and not CYF. At least with the police, parents get to have their day in court to defend themselves – even if it means going all the way to the Court of Appeal as one of our cases highlights. But with CYF, they are unaccountable to the families.”

Family First continues to call on politicians to adopt the ‘Borrows’ amendment which did not ban smacking but which clearly stated what was abusive and what was not. This has been successfully used in other jurisdictions such as the UK and Australia.

ENDS

For case studies see:

http://familyfirst.org.nz/2012/06/cases-reveal-cyf-ignoring-intent-of-anti-smacking-law/

Registered charities and the proposed Lobbyists’ Code of Conduct and Register of Lobbyists

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Under legislation proposed by Green MP Ms Ms Holly Walker, people who receive pay for lobbying MPs about laws or policies and who fail to register with the Attorney-General as paid lobbyists, could face criminal charges. The Lobbying Disclosure Bill, drawn from the parliamentary ballot on 21 April 2012, seeks to bring transparency to the activities of all paid lobbyists who attempt to sway and influence legislative processes by communicating with MPs. The bill proposes that the Auditor-General be empowered to investigate any alleged breaches of a Lobbyists’ Code of Conduct, which all paid lobbyists must agree to and sign, before they can lawfully engage in the lobbying of MPs. The Auditor-General will also be empowered to remove or suspend persons from a Register of Lobbyists if they breach the Code of Conduct.

Ms Walker wants regular statistics to be gathered on all paid lobbyists and the data regularly collated and reviewed, so the public, government officials and a host of enforcement agencies can closely scrutinise all their activities.

If her proposed bill, as drafted, passes into law, charities registered with the Charities Commission, such the the New Zealand Aids Foundation (NZAF), that are heavily engaged in political advocacy and lobbying AND receive significant government funding (see below); will need to have all and every one of their paid lobbyists sign a Lobbyists’ Code of [ethical] Conduct and register their personal details on the Register of Lobbyists.

Failure to do so prior to watching a rugby match from a NZAF-sponsored corporate box, or watching a NZAF-sponsored modelling pageant, alongside any MP or MPs, regardless of their gender, age, race, religion, political affiliation or sexuality; might lead to an unauthorised NZAF lobbyist having criminal charges being laid against him or her. Such unauthorised lobbyists attending a Big Gay Out event or a Hero Parade, who might be photographed or filmed arm-in-arm with an MP, whilst indulging in “political advocacy,” may face the prospect of being charged with criminal activity (lobbying).

Once charged, the NZAF charity worker accused would be required in make a credible defence to the Attorney-General, disclosing the range of presumably “gay” friendly legislative issues discussed with the friendly MP, and the methods used in the lobbying campaign, if any.

Authorised NZAF lobbyists who face charges over alleged breaches of the Code  will have to rely on the official records made of their lobbying encounters as recorded by the friendly MPs as well as their own diary records and any corroborating evidence provided by Big Gay-Out/Hero Parade participants/witnesses.

(NZAF, a registered charity [CC22230], which received $4,112,376 in government funding/contracts, and $342,029 in other grants/sponsorship in the financial year ending 30 June 2011, has “40-something staff throughout the country” according to one NZAF official. No figures have been provided as to how many of these are paid lobbyists. $2,564,846 was spent by NZAF on salaries/wages in 2010/2011. See www.charities.govt.nz ).

The Auditor-General would need to scrutinise the lobbying activities of registered charities like NZAF, if the latter’s paid staff were charged with unlawful lobbying, and refer offending paid charity workers to the police if they breached the new law. The Bill requires a report on any suspended or deregistered paid lobbyist to be reported to Parliament, as well as all investigations of such breaches to be undertaken.

Given that the Auditor-General is an MP, he or she will have to be very, very, careful in all dealings with undercover paid lobbyists, particularly when attending highly-visible social events, if the bill passes into law.

Reference: Lobbying Disclosure Bill. In the name of Green Party MP, Ms Holly Walker.

http://www.greens.org.nz/bills/lobbying-disclosure-bill

SAFE sensible “animal rights activists” vow to continue protest against foie gras

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A SAFE (Save Animals from Exploitation) Board member, zoologist Dr Michael Morris, who is one of the leaders of the anti-foie gras campaign directed at the Wellington French restaurant Le Canard, is reported today by The Dominion Post (p. A21) as saying that his five fellow-campaigners, like himself, are “professionals with sensible jobs”. The group has vowed to carry on its protests outside Le Canard restaurant until its foie gras dish is taken off the menu.

SAFE is a registered charity with the Charities Commission headed by Mr Trevor Garrett. Its finanancial accounts (available on line on the Commission’s website www.charities.govt.nz), reveal that in the financial year ended 31 March 2011, it employed nine full-time charity workers and 5 part-timers; all presumably in sensible professional charity jobs funded from the charitable donations SAFE received from charitable New Zealanders, many holding down sensible professionsal jobs.

SAFE records a total annual salary and wages bill of $589,430, for the financial year ended 31 March 2011. This pay-out constituted 61% of the charity’s annual income of $917,315 – the latter derived no doubt from donations given by many New Zealanders employed in sensible professional jobs. [Read more…]

High court overturns $50 fine order imposed by BSA on “prolific complainer”

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Media Matters in New Zealand Inc., a registered charity with the Charities Commission, is pleased that one of its member’s appeal to the High Court against a BSA order issued against him, has been successful, at least in part (see below). Members of Media Matters are “campaigning for a better media”. Their “Vision” is “a Media Environment in New Zealand that is safe to all: free of gratuitous sex, violence, asnd offensive language… so parents can trust what their children see.” Members are also very concerned about inaccurracies in the media (Source: www.viewers.org.nz ).

Fairfax Media reported on 2 May 2012:

A Wellington beneficiary has succeeded in overturning a Broadcasting Standards Authority [BSA] ruling that he should pay $50 costs to deter him from making too many complaints. [Read more…]

Auckland Council Should Reject Sky City Pokie Deal – says Family First NZ

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In a Media Release issued today, Family First NZ, a registered charity with the Charities Commission directed by Mr Trevor Garrett, is supporting the call for Auckland Council to make a stand against the SkyCity convention centre-for-pokie machines deal.

 “The Local Government Act empowers Councils to provide for the social well-being of our communities. Family First is calling on the Auckland Council to oppose any law change which would allow the mass influx of more ‘mechanical pickpocket’ machines to Sky City. Casinos thrive on the false promise of getting rich quickly, but the reality is that those who can least afford to gamble are gambling themselves deeper into debt,” says Bob McCoskrie, National Director of Family First NZ. [Read more…]