Sent: Wednesday, May 02, 2007 11:48 AM
Subject: Family Integrity #237 — Surrender by National
it is all over folks.
John Keys and Helen Clark have agreed to amend Bradford’s Bill with the
To avoid doubt it is affirmed that police have the discretion not to
prosecute complaints against parents of any child, or those standing in
place of any 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 pursuing a prosecution.
Bradford agrees with the amendment, because, as she just said on Michael
Law’s radio show, it doesn’t change her bill in any way whatsoever.
Why is this true?
This amendment is simply adding this as an extra clause to the Bill. It
is not changing the re-write of Section 59 which is another clause in
the Bill. So, the clause will not pass into the Crimes Act. It is simply
a bit of commentary in the Bill. And as Bradford just said on Law’s
radio show, this is precisely what Police do now anyway.
And of course, parents who use reasonable force to correct their
children do not use inconsequential force…..they use force that is
going to have consequences….the consequence of present and future
corrected behaviour. Police will have to consider this a criminal act.
And of course, CYFS is most likely still to be advised by police, even
when the force is inconsequential, for the force is technically illegal.
Here is where our greatest fear lies.
This is total and complete capitulation by National. They’ve surrendered
May God have mercy on us all.
Here then, unless there is some miraculous event in Parliament today, is
what Section 59 will look like :
(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
(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 disuptive 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).
Correcting your children, you see in (2), is a criminal offense. And (3)
says that if there is a doubt as to whether the force was for correction
or for prevention, the correction interpretation must prevail.
Until now, juries convict the accused of a crime when no doubt about it
exists, when it is beyond reasonable doubt. Now, if charged with the
crime of using force to correct your child, the existence of doubt will
legally require the jury to convict you of the crime.
This Bill is totalitarian in the way it thoroughly removes parental
authority to determine the upbringing of their children, for they are
unable to use force, even reasonable force, to back up their parental
requirements and prohibitions. If Police could not use any force to back
up state prohibitions, they would be reduced to making suggestions which
we could safely ignore. Children will be able to safely ignore what
This Bill signals the tipping of NZ into the cauldron of totalitarianism
in that the politicians, across all parties, have totally ignored the
clear will of the populace.
Ring John Key’s office and tell National how stunned you are at their
total surrender to Labour and the Greens.
John’s Wellington office: (04) 471 9307
His Auckland office: (09) 412 2496
PO Box 9064
Ph: (06) 357-4399
Fax: (06) 357-4389
Our Home….Our Castle
if Section59 is repealed – or replaced…
YOU CAN KISS YOUR CHILDREN GOODBYE.