But what is the issue all about? For me it's about the State leaving parents alone and getting out of our households. I mean a smack is neither here nor there in terms of a corrective tool. No, it's not about that for me, I've never smacked my daughter. But there are plenty of daughters, and sons, in Aotearoa who need a good smacking every now and again.
But the more I look at the new section 59 (below) the more I find the whole issue utterly ridiculous bacause under subclauses (a) to (d) a smack is permitted in three occasions of preventative behaviour and one occasion of normal behaviour incidental to parenting, which subsection (2) instructs us is not a smack for corrective purposes.
At the end of the day a smack for correction is prohibited but a smack for prevention is permitted. If a child constantly plays up then that child can be smacked under subsection (c) as long as parents tell the child "that is to prevent you behaving like that again", rather than "that is to correct you for behaving like that".
The question therefore is concerned with changing the word "prevention" to another word "correction" and deleting subsection (2).
The difference is not worth $9 million bucks, and I'm still voting "No".
(1) Every parent of a child and every person in the place of a parent of the child is justified in using force if the force used is reasonable in the circumstances and is for the purpose of—
(a) preventing or minimising harm to the child or another person; or
(b) preventing the child from engaging or continuing to engage in conduct that amounts to a criminal offence; or
(c) preventing the child from engaging or continuing to engage in offensive or
disruptive behaviour; or
(d) performing the normal daily tasks that are incidental to good care and parenting.
(2) Nothing in subsection (1) or in any rule of common law justifies the use of force for the purpose of correction.
(3) Subsection (2) prevails over subsection (1).
(4) To avoid doubt, it is affirmed that the Police have the discretion not to prosecute complaints against a parent of a child or person in the place of a parent of a child in relation to an offence involving the use of force against a child, where the offence is considered to be so inconsequential that there is no public interest in proceeding with a prosecution.