Crimes (Substituted Section 59) Amendment Act 2007 - Debate and Aftermath

Debate and Aftermath

Bradford considers that smacking was illegal even before the Act was passed. When an illegal activity is reported to the Police or to Child Youth and Family (CYF), they are required to investigate the reported abuse. Under clause 4, The Police have the option of not prosecuting the parents 'where the offence is considered to be so inconsequential that there is no public interest in proceeding with a prosecution.'

Many of the groups who originally supported the change to the Act also said that a law change was not a fully adequate response to protect children from abuse. The New Zealand Anglican Bishops said 'It is essential that changes to section 59 go hand in hand with increased access to high quality public educational programmes, which encourage non-violent discipline and child rearing.' The United Nations Committee on the Rights of the Child (UNCRC) also put pressure on the New Zealand Government for education and promotion of changing attitudes and parenting practice.

In the 2008 Budget the then Labour Government said it was 'providing $446.5 million over the next four years to improve our partnership with community-based social services to help deliver essential services to support children and families, including parenting and family violence programmes, and mentoring at-risk youth.' This included the "Are you OK?" anti-family-violence campaign.

The law change has been described by supporters as aimed at making 'Aotearoa New Zealand a place where children are secure, confident, understand limits and boundaries and behave well – without physical punishment' and to 'protect children from assault'. Opponents claim that the evidence that a law change can make this difference to a country is lacking and that evidence for the contrary is mounting.

The first conviction under the new law occurred on 22 November 2007. A fifth person was prosecuted for smacking under the law in 2011.