NZ Herald
  • Home
  • Latest news
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather forecasts

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
    • The Great NZ Road Trip
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
    • Cooking the Books
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • What the Actual
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

Smacking referendum: PM pledges new approach

Simon Collins
By Simon Collins
Reporter·NZ Herald·
21 Aug, 2009 04:00 PM4 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

No Vote petition organiser Larry Baldock celebrates in Auckland last night after the results were announced. Photo / Kenny Rodger

No Vote petition organiser Larry Baldock celebrates in Auckland last night after the results were announced. Photo / Kenny Rodger

Options for changing New Zealand's approach to smacking children will go to the Cabinet on Monday after New Zealanders voted by 88 per cent that a smack should not be a criminal offence.

The vote declared last night in the non-binding, citizens-initiated referendum on the question "Should a smack as part of good parental correction be a criminal offence in New Zealand?" was 88.1 per cent "No" and 11.9 per cent "Yes".

It was muffled by a low turnout of 54 per cent, including 0.3 per cent who spoiled their votes, so even the huge "no" vote fell just short of half of the enrolled electors.

Prime Minister John Key said in Australia - where he is on an official visit - that voters had said strongly that "they don't want good parents to be criminalised for a light smack".

His own view was that the law was "working as it is now".

But on Monday, he would take to the Cabinet "options which fall short of changing the law but will provide comfort for parents about this issue".

He would not say what they were.

Yes Vote spokeswoman Deborah Morris-Travers said her coalition had been talking to the Government about "non-legislative ways that we could clarify police practice and police guidelines".

The current law, passed in May 2007, was a compromise agreed by Mr Key and Labour Prime Minister Helen Clark which gave the police discretion not to prosecute cases of "inconsequential" force against children.

Police guidelines issued soon afterwards state that "while smacking may in some circumstances be considered inconsequential, a prosecution may be warranted if such actions are repetitive or frequent and other interventions or warnings to the offender have not stopped such actions".

Mr Key's repeated statements that a "light smack" should not be criminalised, which he has said consistently since before the 2007 law change, suggest ministers may give police advice that they can disregard even repetitive or frequent "light smacks".

Police say they have taken only one prosecution for "smacking" in the first 21 months since the law was changed, and it was withdrawn when the main witness declined to give evidence.

Twelve prosecutions were made for other "minor acts of physical discipline".

Ms Morris-Travers said it was "comforting" that the Government did not plan to change the law.

She said New Zealand was still the only English-speaking nation that had banned physical punishment for children and other countries were watching to see if the ban would be reversed.

"If we were to go backwards, I think it would be embarrassing for New Zealand."

But Kiwi Party leader Larry Baldock, who organised the petitions that forced the referendum, told about 40 jubilant supporters at Ellerslie last night that he would settle for nothing short of repealing the ban on parents using physical force for correction.

Family First director Bob McCoskrie said parents did not want "comfort".

"Parents don't want to be pampered, they don't want to be fluffed around. They want a law change," he said.

"He [Mr Key] needs to listen. He was elected with a 45 per cent mandate. He's got an 88 per cent mandate to change the law."

The law allows parents to use force to prevent harmful, criminal, offensive or disruptive behaviour and to perform "the normal daily tasks that are incidental to good care and parenting".

But it says none of those provisions justifies the use of force for correction.

Four police reports have said the law change has had "minimal impact on police activity".

Children's Commissioner John Angus said he would advise the Government to keep the current law.

"I have looked at the police statistics, and fears that the new law would mean police would investigate lots of families and lots of parents would be prosecuted have proved unfounded," he said.

The 54 per cent turnout in the referendum compares with 79.5 per cent at last year's general election, 44 per cent in the 2007 local body elections and 80.3 per cent in the only previous postal referendum, on compulsory superannuation in 1997.

Discover more

Opinion

What do you think of John Key's actions on the smacking referendum?

26 Jul 11:15 PM
Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.
Save

    Share this article

Latest from New Zealand

New Zealand

Watch: Major highway blocked by slip, Auckland flights delayed as intense storm strikes

09 May 08:09 AM
Crime

Man's 11-day crime spree targets police by spitting and threatening to kill staff

09 May 08:00 AM
New Zealand

Auckland War Memorial Museum closed to public after asbestos discovery

09 May 07:49 AM

One tiny baby’s fight to survive

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

Watch: Major highway blocked by slip, Auckland flights delayed as intense storm strikes

Watch: Major highway blocked by slip, Auckland flights delayed as intense storm strikes

09 May 08:09 AM

Motorists are being warned to expect hazardous driving conditions.

Man's 11-day crime spree targets police by spitting and threatening to kill staff

Man's 11-day crime spree targets police by spitting and threatening to kill staff

09 May 08:00 AM
Auckland War Memorial Museum closed to public after asbestos discovery

Auckland War Memorial Museum closed to public after asbestos discovery

09 May 07:49 AM
'We've had enough': Red Square protest opposes pay equity changes

'We've had enough': Red Square protest opposes pay equity changes

09 May 07:21 AM
Connected workers are safer workers 
sponsored

Connected workers are safer workers 

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • What the Actual
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven CarGuide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP