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The application of section 59 of the Crimes Act in the New Zealand courts Hancock, John

By: Hancock, John.
Material type: materialTypeLabelBookPublisher: 2004Subject(s): CHILDREN AT RISK | CHILDREN | CORPORAL PUNISHMENT | CRIMES ACT 1961 | DISCIPLINE | DOMESTIC VIOLENCE ACT 1995 | JUSTICE | LAW REFORM | LEGISLATION | NEGLECT | PHYSICAL ABUSE | NEW ZEALAND | INTERNATIONAL COMPARISON | CHILD ABUSESummary: This workshop presentation discusses s59 of the Crimes Act (1961) and the ambiguity of the term 'reasonable force', which has lead to different verdicts in very similar cases. The author discusses particular cases where parents have been charged with child abuse-related offences and have argued that s59 gives them the right to discipline the child in a way they see fit. The author concludes that a change needs to be made to the law, as s59 is not compatible with developments in international law, or with the Domestic Violence Act (1995), and it compromises the welfare of children.
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This workshop presentation discusses s59 of the Crimes Act (1961) and the ambiguity of the term 'reasonable force', which has lead to different verdicts in very similar cases. The author discusses particular cases where parents have been charged with child abuse-related offences and have argued that s59 gives them the right to discipline the child in a way they see fit. The author concludes that a change needs to be made to the law, as s59 is not compatible with developments in international law, or with the Domestic Violence Act (1995), and it compromises the welfare of children.