Bill to make ignoring child abuse an offence gets MPs' support

The Crimes Amendment Bill was reported back from select committee yesterday with unanimous support. Photo / Thinkstock

A bill that could see family members or flatmates face 10 years' jail if they did nothing to stop child abuse in the house where they lived - even though they did not inflict it - is closer to becoming law.

The Crimes Amendment Bill was reported back from select committee yesterday with unanimous support.

The bill would create a new offence of failing to take reasonable steps to protect a child or vulnerable adult from the risk of death, grievous bodily harm, or sexual assault.

"This bill sends a very clear message that it's not okay for people to stand by and do nothing," Justice Minister Simon Power said.

"There are no easy solutions to New Zealand's child abuse problem but this bill will ensure that people who turn a blind eye to abuse are made an example of."

The bill was in part a response to the deaths of twins Chris and Cru Kahui in 2006.

Under the bill, a parent or person over 18 could face a maximum penalty of 10 years' jail if they lived in the same house and failed to protect the victim, or were a frequent visitor to the house and closely connected to the victim.

As well as children, it would also apply to vulnerable adults, and the legal duty of care would be broadened to include staff members of a hospital, institution, or residence where the victim lives. Responsibilities of parents and caregivers would also be widened from just providing the necessaries of life to protecting a child or vulnerable adult from injury. Failure to do this would be punishable by up to 10 years' jail.

The bill also deals with a number of other matters including changing the "claim of right" defence so it would not longer apply to cases such as the Waihopai case, in which three defendants were acquitted after damaging the Waihopai spy base in 2008.

If the bill passed, the defence would only apply in cases where the accused believed they had a personal right to the property concerned.

Labour's justice spokesman, Charles Chauvel, said the party was still considering whether it would support the bill at second reading, even though the select committee report did not include a minority report criticising the bill.