Wednesday, 2 May 2007

2 May 2007 - Family Integrity #237 -- Surrender by National

it is all over folks.

John Keys and Helen Clark have agreed to amend Bradford's Bill with the following:

To avoid doubt it is affirmed that police have the discretion not to prosecute complaints against parents of any child, or those standing in place of any child, in relation to an offence involving the use of force against a child where the offence is considered to be so inconsequential that there is no public interest in pursuing a prosecution.

Bradford agrees with the amendment, because, as she just said on Michael Law's radio show, it doesn't change her bill in any way whatsoever.

Why is this true?

This amendment is simply adding this as an extra clause to the Bill. It is not changing the re-write of Section 59 which is another clause in the Bill. So, the clause will not pass into the Crimes Act. It is simply a bit of commentary in the Bill. And as Bradford just said on Law's radio show, this is precisely what Police do now anyway.

And of course, parents who use reasonable force to correct their children do not use inconsequential force.....they use force that is going to have consequences....the consequence of present and future corrected behaviour. Police will have to consider this a criminal act.

And of course, CYFS is most likely still to be advised by police, even when the force is inconsequential, for the force is technically illegal. Here is where our greatest fear lies.

This is total and complete capitulation by National. They've surrendered completely.

May God have mercy on us all.

Here then, unless there is some miraculous event in Parliament today, is what Section 59 will look like :

Parental Control
(1) Every parent of a child and every person in the place of a parent of the child is justified in using force if the force used is reasonable in the circumstances and is for the purpose of --
(a) preventing or minimising harm to the child or another person; or
(b) preventing the child from engaging or continuing to engage in conduct that amounts to a criminal offence; or
(c) preventing the child from engaging or continuing to engage in offensive or disuptive behaviour; or
(d) performing the normal daily tasks that are incidental to good care and parenting.
(2) Nothing in subsection (1) or in any rule of common law justifies the use of force for the purpose of correction.
(3) Subsection (2) prevails over subsection (1).

Correcting your children, you see in (2), is a criminal offense. And (3) says that if there is a doubt as to whether the force was for correction or for prevention, the correction interpretation must prevail.

Until now, juries convict the accused of a crime when no doubt about it exists, when it is beyond reasonable doubt. Now, if charged with the crime of using force to correct your child, the existence of doubt will legally require the jury to convict you of the crime.

This Bill is totalitarian in the way it thoroughly removes parental authority to determine the upbringing of their children, for they are unable to use force, even reasonable force, to back up their parental requirements and prohibitions. If Police could not use any force to back up state prohibitions, they would be reduced to making suggestions which we could safely ignore. Children will be able to safely ignore what parents say.

This Bill signals the tipping of NZ into the cauldron of totalitarianism in that the politicians, across all parties, have totally ignored the clear will of the populace.

Ring John Key's office and tell National how stunned you are at their total surrender to Labour and the Greens.

John's Wellington office: (04) 471 9307
His Auckland office: (09) 412 2496


Craig Smith
National Director
Family Integrity
PO Box 9064
Palmerston North
New Zealand
Ph: (06) 357-4399
Fax: (06) 357-4389

Our Home....Our Castle

if Section59 is repealed - or replaced...

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