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Crimes Act, Section 59—Operational Tolerances

Thursday 27 August 2009 (advance copy) Hansard source (external site)

Boscawen7. JOHN BOSCAWEN (ACT) Link to this
to the Minister of Police

Who decides what the operational tolerances are when deciding whether to investigate or prosecute people for smacking children?

CollinsHon JUDITH COLLINS (Minister of Police) Link to this

I am advised that the attending and/or investigating officer decides whether to prosecute people for smacking children. Operational tolerances are outlined in the Police Practice Guide for New Section 59, in relation to the Crimes (Substituted Section 59) Amendment Act 2007, and the Solicitor-General’s Prosecution Guidelines.

BoscawenJohn Boscawen Link to this

What advice would the Minister give to members of the New Zealand Police who are confused by a law that forbids a smack for the purposes of correction and by a Prime Minister who has expressly told the police to ignore that law?

CollinsHon JUDITH COLLINS Link to this

That would be an operational matter, but I have to say that good advice would be to follow the police guidelines that I outlined in my answer to the primary question.

BoscawenJohn Boscawen Link to this

How can we expect the public to take the law seriously when the Prime Minister tells the police to disregard it?

CollinsHon JUDITH COLLINS Link to this

I do not believe that the Prime Minister made any such statement. I believe that the Prime Minister takes this issue extremely seriously, and I think that any reflection on police practice and Child, Youth and Family practice will show that the law has been working.

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