Call for Submissions on Section 59 Bill

A bill to repeal section 59 of the Crimes Act 1961, entitled the Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Bill, is currently before Select Committee and written submissions are open until the end of February.

Section 59 of the Crimes Act 1961 states that “[e]very parent of a child and every person in the place of a parent of a child is justified in using force by way of correction towards the child, if the force used is reasonable in the circumstances.” Opponents of this legislation argue that it provides a legal defence for parents who hit or assault their children.

Last year the Green Party spokesperson for children’s affairs, Sue Bradford, drafted the Bill, which says that the current law "acts as a justification, excuse or defence for parents and guardians using force against their children", and the effect of repealing section 59 will be to put children "in the same position as everyone else so far as the use of force (assault) is concerned".

The Private Members Bill has passed the first reading in Parliament, and is now in the Select Committee process. This means that anyone is entitled to contribute a submission to the Select Committee, stating their views on the Bill and the issues it covers. Written submissions close on 28 February 2006, and oral submissions will be heard by the Justice and Electoral Select Committee later this year. The Bill may then go through redrafting and has to successfully pass through two more readings in Parliament (at which time it will be debated by MPs).

For the text of the Bill see: http://www.greens.org.nz/searchdocs/other8780.html

A guide to making a submission, issued by Parliament, is available from: http://www.clerk.parliament.govt.nz/Publications/Other/ or contact your local MP.

UNICEF NZ have produced a short guide to making a submission to support the repeal of Section 59. Click on the following link to download this.

Section 59 Submission Guide