2009 New Zealand child discipline referendum

The New Zealand corporal punishment referendum, 2009 due to be held in New Zealand from 31 July to 21 August is a citizens initiated referendum on corporal punishment. It asks:

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

Background

The petition for the referendum was launched in February 2007 in response to the "anti-smacking" bill then before Parliament to amend Section 59 of the Crimes Act, removing discipline as a defence for assault against children. The wording of the petition was approved by Clerk of the House David McGee on 21 February 2007.

The bill, introduced by Sue Bradford, was passed in Parliament with 113 votes to seven in May 2007. Meanwhile organisations and individuals led by Larry Baldock continued to collect signatures to initiate a referendum. They fell short by about 15,500 signatures, (many were invalid) and they were granted two further months to make up the difference. Eventually the petition attracted 310,000 signatures from voters, surpassing the 285,000 signatures, or 10 percent of total voters, required to force a referendum.

In June 2008 then Prime Minister Helen Clark announced that the referendum would not take place alongside the 2008 election as the organisers had been hoping. The decision was based on advice from the Chief Electoral Officer that holding such a referendum could lead to voter confusion. Instead, a postal ballot was selected, starting 30 July 2009 for eligible voters and closing on 21 August.

Prime Minister John Key said that the government would change the law if it was not working but that he believed the current law is working well.

Criticism of the question

The wording of citizens initiated referenda questions is ultimately the responsibility of the Clerk of the House. The final wording of this question was decided by David McGee on 21 February 2007. Under the referendum legislation the wording of the question is required to "convey clearly the purpose and effect" of the referendum.

[The question] "could have been written by Dr Seuss - this isn't Green Eggs and Ham, this is yes means no and no means yes, but we're all meant to understand what the referendum means. I think it's ridiculous myself."

— Prime Minister John Key,

The referendum question has been interpreted by some to imply that "a smack" can form part of "good parental correction". However this interpretation is not universally held, making the referendum a loaded question, and drawing broad criticism along these lines. Murray Edridge, Chief Executive of Barnardos noted that the question "presupposes that smacking is part of good parental correction" which he described as "a debatable issue". Prime Minister John Key described the question as "ambiguous" and pointed out that it "could be read a number of different ways". Leader of the Opposition Phil Goff expressed concern that the question "implies that if you vote 'yes' that you're in favour of criminal sanctions being taken against reasonable parents — actually nobody believes that."

Both John Key and Phil Goff have stated that they do not intend to vote in the referendum, with Key calling the question "ridiculous". Sue Bradford has introduced a private members bill that is designed to prevent future CIR from having poorly worded questions, and the Government is currently considering adopting it.

The Prime Minister believes turnout will be low.

The wording of the question led to Bradford planning a Citizens Initiated Referenda (Wording of Questions) Amendment member's bill, for better wording in referendums.

The "yes" campaign

Most front-line child welfare organisations, such as Plunket, Barnardos, Save the Children, Unicef, Women's Refuge, CPAG, Epoch and Jigsaw believe the referendum question is misleading, and are encouraging their supporters to vote "yes". These organisations, along with many others, are backing "The Yes Vote" campaign. Māori Party co-leader Pita Sharples and Green Party co-leader Russel Norman want the current law retained, with Norman adding he would vote Yes.

The "no" campaign

A "Vote NO" campaign emerged on 22 June with the launch of their website. The campaign is supported by Simon Barnett. ACT leader Rodney Hide said he would vote no, believing parents have the right to lightly smack their children. Family First and The Kiwi Party also support the referendum.

See also

• Crimes Act 1961, the Act that was amended
• Corporal punishment

External links

• Elections New Zealand - 2009 Citizens Initiated Referendum
• The Yes Vote campaign
• The Vote No campaign