As the Auckland City Council prepares to debate Green MP Sue Bradford's "anti-smacking" bill tonight, police have re-emphasised that the proposed law would not necessarily force them to prosecute parents.
A letter from police legal adviser Joanna Bond to the lobby group End Physical Punishment of Children (Epoch) states: "In
investigating a complaint of assault on a child, police would consider the amount of force used in the circumstances before [deciding] whether a prosecution is required in the public interest."
Epoch released the letter yesterday on the eve of the council's vote on a motion to back Ms Bradford's bill.
The Porirua City Council provoked an outcry from the bill's opponents when it became the first l council to vote in support of the bill on August 9.
Family First spokesman Bob McCoskrie urged Auckland councillors to resist the motion from their community development and equity committee to follow suit.
"What's it got to do with them?" he asked. "They are supposed to be looking after rates, roads and sewerage."
But committee chair Cathy Casey said the motion supported the council's child and family policy, adopted last year.
The bill would repeal section 59 of the Crimes Act, which says parents are "justified in using force by way of correction towards a child if that force is reasonable in the circumstances".
Former Children's Commissioner Ian Hassall will tell councillors that the bill would reduce physical punishment of children in the long term.
But Maxim Institute legal counsel Alex Penk, who has been invited to put the contrary argument, will tell councillors that parents who gave their children a light smack, or picked them up to put them in their rooms for "time out", would be legally guilty of assault if the bill was passed.
Porirua is the only council to have voted on the issue so far, although Waitakere deputy mayor Carolynne Stone wrote a letter stating her council's support for two local groups' submissions in favour of the bill.
Parliament's justice and electoral committee hears final submissions next week.
* Auckland City Council meeting, Town Hall, 6pm.
Council stands
* Porirua: Voted for "anti-smacking" bill.
* Waitakere: Wrote backing the bill.
* Auckland: Voting tonight.
