Law change to outlaw smacks inevitable, says PM

By HELEN TUNNAH, deputy political editor

A law change to limit adults striking a child would be controversial but would be in the best interests of children, says Prime Minister Helen Clark.

Over time such a change could alter behaviour, particularly if parents were helped to learn alternatives to using physical force to discipline children, she said yesterday.

The United Nations has rebuked New Zealand over its smacking laws, and urged the Government to ban all corporal punishment of children.

It said it was "deeply concerned" that New Zealand had not repealed section 51 of the Crimes Act, which allows adults to legally defend themselves against accusations they have hurt children by saying their actions were "reasonable".

New Zealand is the only nation to have such a law with regard to children.

Helen Clark has previously supported the repeal of the section, although the Government is not planning to ban all smacking of children.

"I don't think for one moment it would lead to police running around looking to mount a prosecution against everyone who lightly smacked a child," the Prime Minister said.

"But it does take away the defence behind which abusers can currently attempt to hide."

She said on television's Breakfast programme a change in the law was inevitable.

"It will be controversial, but in my view it's in the best interests of children that we make a change."

The Cabinet is not due to debate changing the law again until 2005, about mid-way through an $11 million, two-year education programme aimed at showing parents alternatives to using physical force to discipline children.

Green MP Sue Bradford said yesterday her party would begin drawing up a law to repeal section 51.

She said parents had used the section to defend not only smacking, but also hitting children with wood or other objects. She said there was no need to wait until 2005 to review the law.

But some other parties yesterday questioned the report on New Zealand by the 18-member UN Committee on the Rights of the Child.

The report also questioned the provision of abuse services for children, and questioned the criminal age of responsibility being as young as 10. It asked that the age be raised.

Act justice spokesman Stephen Franks said New Zealanders were sick and tired of "so-called" children getting away with crimes of adult brutality.

"The last thing we need is foreigners, from countries with no respect for traditions of freedom, telling decent parents how to raise their children."

His colleague, Muriel Newman, said the UN was out of touch with reality and should visit here if it really wanted to know what was going on.

The Christian Heritage Party said repealing section 59 of the Crimes Act would do little to prevent child abuse.

"When it comes to child abuse, the real issue is not smacking, it is family dysfunction and breakdown," said its leader, Ewen McQueen.

The UN also urged that the Care of Children Bill, which overhauls guardianship laws, ensures the views of children are heard and considered.

Public hearings on the contentious new law begin in Wellington tomorrow, with almost 300 submissions already received.

Issues expected to be hotly debated include provisions on shared parenting, decisions on who can be named guardians and the rights of same-sex couples.

An abortion clause, which allows young girls to have pregnancies terminated without telling their parents, has also proved contentious.

National Party leader Bill English will lobby for it to be overturned.

Helen Clark said yesterday it was unlikely she and Mr English would agree on the subject.

"I've always believed that in the end it is a woman's right, in line with her own conscience, to determine whether or not she has an abortion and you know that's the view I will hold until I go to the grave."