KEY POINTS:
Police managers have issued guidelines on how to handle the smacking law change, and have raised questions about definitions in the new law.
Deputy Commissioner Rob Pope said the guide was to help staff deal with the changes.
When Green MP Sue Bradford's member's bill was passed last
month, it removed from the Crimes Act the statutory defence of "reasonable force" to correct a child.
A late amendment gave police the discretion not to prosecute complaints against a parent where the offence was considered to be inconsequential.
The guide advises police to check with prosecution services, child abuse investigators, family violence co-ordinators or legal services when in doubt.
It says the law does not define the age of a child, but some law defines it as under 18 and others as under 14.
The police are also questioning the definition of a parent or acting parent.
And they say there is no definition of reasonable force, although the guidelines note that everyday tasks of caring for children are allowed.
The circular says it is clear a parent is allowed to move a child, but may not detain a child in an unreasonable manner or for a unreasonable period.
Even if smacking was inconsequential, in some cases a prosecution might be warranted if warnings were not heeded.
The guide said that when investigating child assault cases, police had to consider the amount of force used as well as factors such as evidence and common sense.
It recommended that minor incidents be recorded and guidance offered and more serious cases brought to Child, Youth and Family's attention.
Assault charges could be laid against parents or caregivers who used unjustified force.
Family First, which opposed the law change, said the guidelines confirmed its worst fears.
Family First national director Bob McCoskrie said the guidelines made clear that while smacking may, in some circumstances, be considered inconsequential, a prosecution could be warranted if such actions are repetitive or frequent.
"This makes it quite clear that the discretion clause, trumpeted as the saviour to good parents, will apply for a limited time and that in effect light smacking of an inconsequential nature will end up being prosecuted," Mr McCoskrie said.
The guide also acknowledges the confusing nature of the new law by saying that until case law developed it was not known how it will be interpreted and applied by the courts.
It showed the police were having difficulty in determining the law and its effect.
- NZPA
