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Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Bill (Consistent) [2005] NZBORARp 21 (16 June 2005)

Last Updated: 6 April 2021

CRIMES (ABOLITION OF FORCE AS A JUSTIFICATION FOR CHILD DISCIPLINE) AMENDMENT BILL 2005

16 June 2005

Attorney-General

LEGAL ADVICE
CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:
CRIMES (ABOLITION OF FORCE AS A JUSTIFICATION FOR CHILD DISCIPLINE) AMENDMENT BILL 2005

1. We have considered whether the Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Bill 2005 ('the Bill') is consistent with the New Zealand Bill of Rights Act 1990 ('the Bill of Rights Act'). The Bill is a Member's Bill in the name of Sue Bradford.
2. The stated purpose of the Bill as provided for in the explanatory note is to "stop force and associated violence and harm under the pretence of domestic discipline, being inflicted on children." The Bill seeks to achieve its objective by repealing section 59 of the Crimes Act 1961 (clause 4 of the Bill). Section 59 provides a defence for any parent or guardian who uses force against a child for the purposes of discipline so long as the use of force is reasonable in the circumstances.
3. The Bill also removes the exemptions that currently exist in section 139A of the Education Act 1989. Section 139A currently exempts persons employed by school boards or managers or who own, manage, or control early child centres from the prohibition against the use of force against children for the purposes of discipline if the person is the guardian of that child.
4. We consider that the Bill appears to be consistent with the rights and freedoms contained in the Bill of Rights Act.

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Bill 2005. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.