Good parents can relax: commission

Parents have little reason to fear prosecution if they give their child a trivial smack, according to a legal opinion prepared by the Human Rights Commission.

The commission, which released the legal opinion yesterday, said it wanted to help inform debate before the non-binding citizens-initiated referendum on the child smacking law.

It said critics had argued that the new law, which came into force two years ago, created uncertainty for parents.

However, the legal opinion said the original section 59 of the Crimes Act was no clearer.

It said the use of force by parents "by way of correction" was justified if the force was "reasonable in the circumstances".

Because "reasonable" was open to interpretation, it led to parents being acquitted for disciplining their children with belts, hose pipes and pieces of wood.

The legal opinion said children could not be hit for the purpose of correction.

However, section 59 now allowed parents, or a person in that role, to use reasonable force for a variety of purposes.

These included the prevention of harm to the child and performing the normal daily job of providing good care and parenting.

It said the amendments gave police the discretion to prosecute.

Chief Human Rights Commissioner Rosslyn Noonan said police had used their discretion wisely and were not prosecuting parents without good reason.

"The real issue is that there should be no tolerance for violence against children, even in the guise of parental correction."

The referendum will be held by postal ballot from July 31 to August 21.

- NZPA