Section 59 Bill Select Committee Report Released

The Select Committee hearing submission on the bill to repeal section 59 of the Crimes Act 1961 have reported back to Parliament and released their findings and recommendations. The Bill, put forward by the Green Party Member of Parliament, Sue Bradford, seeks to remove the legislation that provides a defence for parents charged with assault, and allows parents to use reasonable force to discipline their child. The Justice and Electoral Committee said they were in support of a law change designed to remove the statutory defence for parents who use force against their children for the purpose of correction, but with some amendments to clarify that reasonable force can be used when a parent is protecting a child from harm. Committee chairperson, Lynne Pillay, said that "There are safeguards in the criminal justice system that will minimise the likelihood of prosecution for minor acts of physical punishment and options available other than formal prosecution, such as warnings and cautions. We expect prosecutors not to bring trifling matters before the Court." "We are also aware that there is a level of concern that parents could be prosecuted for actions such as pulling a child's hand away from a hot stove element. Our recommended new section 59 clarifies that reasonable force may be used for purposes such as protecting a child from harm or providing normal daily care (such as dental care or restraining with a car seat belt)," Ms Pillay said. The committee recommended that section 59 of the Crimes Act 1961 be not be used to protect parents who abuse their children. The committee's recommendations are contained in its report to Parliament, which can be downloaded from http://www.parliament.nz/en-NZ/PB/SC/Documents/Reports/c/b/b/cbb1a14c7ddf4e2bbd3154c9c4bc08f5.htm