Wednesday, August 05, 2009

Section 59 Mind Games

"Should a smack as part of good parental correction be a criminal offence in New Zealand?"

For those without a purist world view then this seems to be a simple question with a simple answer.

However as every NZer knows, this referendum question has been posed in response to a change to the Crimes Act that was intended to remove legal defenses for dangerously violent parents. Detractors call this amendment the "anti-smacking law" and believe it infringes on the ability of parents to discipline their children.

So we have to consider it in reference to the law. But this isn't simple either! The amended law gives plenty of latitude to parents who want to discipline their children, and it's hard to see the relevance of the question.

However we're all left with the impression that the Government is likely to act in response to the referendum result, so we have to consider it seriously. So commentators search for deeper, hidden meaning in the question and the petitioners who posed it.

To me the question is pointless and should never have been allowed to be posed without going through a vetting process. There is huge uncertainty about how the referendum outcome is to be actioned.

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