New Zealand Repeals Child Physical Discipline Law

The Crimes (Substituted Section 59) Amendment Act 2007 to repeal Section 59 of the Crimes Act 1961 was passed in Parliament this week. Put forward by the Green Party Member of Parliament, Sue Bradford, the Crimes (Substituted Section 59) Amendment Bill sought to remove the legislation allowing parents to use reasonable force to discipline their child. After significant political and social divisions over the Bill, cross-party agreement was recently obtained when an amendment was included to give the police discretion not to prosecute "inconsequential" use of force by parents. The amended Bill that passed into law abolishes the use of parental force for the purpose of correction. This means that there will no longer be a defence for parents or caregivers who assault their children but claim that they were using reasonable force when disciplining. Parents are however, legally allowed to control (or restrain) their child to protect the child or other people from harm or to prevent the child committing a crime. The repeal of section 59 now gives children who are assaulted the same legal rights as adults and removes a piece of legislation that conflicted with other legislation covering family violence (Domestic Violence Act 1995, Children and Young Persons and Their Families Act 1998, and Care of Children Act 2004).

Read the amended Crimes Act 1961, Section 59

Note: Updated 10/1/2013