Showing posts with label evans. Show all posts
Showing posts with label evans. Show all posts

Friday, September 18, 2009

The saga continues...


On Sept the 8th, there was a meeting with John Boscawen, Bob McCoskrie, Jim Evans and Larry Baldock on amending s59 of the Crimes Act to decriminalise the use of reasonable force for the purposes of parental correction. (That's the 'anti-smacking' bill for you bods out there wot didn't understand that legal language.0

Madeleine Flanagan wrote on the blog, MandM about the meeting, and gives a short rundown on what each of the speakers said, as well as reminding us of the difficulty Sue Bradford apparently has with everyday, ordinary plainspeaking language. She doesn't do her party any favours, and it would probably be best for them to forcibly retire her as soon as practically possible.

Unless, of course, she can come up with a real solution to the problem of child abuse in this country, something she so far has predictably failed to do.

Incidentally, I hadn't come across the MandM site before - it's run by Matt and Madeleine Flanagan - you can read all about them here. I like their style, and have signed up to the Twitter page to give myself an idea if they're the sort of people I'd like to keep track of (!)

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.
READ FULL ARTICLE

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.