Law Society recommends repealing smacking defence

The legal defence of "reasonable force" against an assault charge as a result of disciplining children should be repealed, the New Zealand Law Society said today.

The society's Family Law Section had recently reviewed the issue of whether parents should continue to be allowed to use reasonable force as a defence, which was permitted under Section 59 of the Crimes Act 1961, section chairman Simon Maude said.

" As the body that represents family lawyers in New Zealand, the section has indicated to the Government its wish to be involved in discussions about new legislation."

A district court jury last month ruled that New Plymouth father Pieter Donselaar was guilty of assaulting his four-year-old son after he smacked him for soiling his pants.

The 33-year-old bar tender was sentenced to 360 hours community work for hitting the boy twice on the backside so hard he left "extensive" bruises.

Mr Maude said the section believed careful consideration was needed following the court's finding the law did not sanction the use of violence by parents in the correction of their children.

"It is the question of what constitutes violence that requires particular examination in the rewriting of this legislation," he said in a statement.

"Given their inability to protect themselves, children are entitled to expect the law to protect them.

"The courts, parents and children need law that is clear and descriptive as to what is permissible and what is not, in order to provide that protection."

- NZPA