Thursday, August 06, 2009

More on the ambiguous law...

More on the ambiguous anti-smacking 'law.'

Jim Evans is emeritus professor of law at Auckland University.
John Roughan is a good political commentator, but he is not right about section 59 of the Crimes Act 1961. The law it lays down is far from clear. Since much confusion exists about the section, let me try to clarify its effect as briefly as possible. ..This is not clear legislation. In creating this law, Parliament abandoned its constitutional responsibility to say with clarity just which conduct is criminal. The section results from a political fudge. Whatever other views one takes about the topic of smacking, that much at least ought to be kept clear.
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Grant Illingworth QC, Barrister - Specialises in public law and civil litigation, and has been in practice for over 30 years
There are three reasons for concluding that the amendment was an inappropriate response to the problem. The first is that the amendment is an extremely poor piece of legal drafting in that it is calculated to create confusion rather than clarity. The second is that it criminalizes behaviour which should not be classified as a criminal offence. The third is that it fails to provide adequate protection for those whom it was designed to help.
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Thanks for the Family First ezine for the above; just one more example of NZ Parliamentarians making bad law.
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