Denis O'Hagan 0 Comments
Have You Read Section 59?
Have you read what section 59 actually says? Force can be used if it is reasonable in the circumstances to prevent children from doing certain things or to make them do certain other things. It cannot however be used as a means of correction. That means if a child tries to stick a screw driver in a light socket, reasonable force can be used to prevent it. Force cannot be used however as a punishment. In the old days it was not unheard of for a child to be be told, “you just wait till your father gets home…!” Well when Dad or Mum gets home now what ever they do, they cannot use force by way of punishment.
Section 59 reads
Parental control
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.
Popular Content
- New Zealand’s Youngest Convicted Killer – Again - 156 views
- Is One Group Just Imposing its Values on the Rest? - 81 views
- Have You Read Section 59? - 70 views
- Give them “VC’s” not punishment - 68 views
- Solidarity with my brothers whom I’ve never met - 61 views
- He is being hounded - 59 views
- Victims’ families want to prosecute - 57 views
- You can’t always predict future behaviour - 48 views
- Rules out redemption and forgiveness - 47 views
- Infantile protest, serious consequences - 38 views
- Helping the worst off or cost cutting?
- Can’t leave it all to the Government
- Welfare changes only the start say Bennett
- I was hungry and you fed me
- Thank you Sande for making me think about this, really think about it, again, de...
- I never could understand why there was community resentment towards some people ...
- If you want to see four short videos about the Alternative Welfare Working Group...
- Thanks, Des Lyons, for the succinct summary of what's at least in all our h...
- I still think it's great that these super-rich are giving away a great hunk...

Leave a Reply