Dave at Big News outlines a case which demonstrates exactly how we said this would work.
A man hit his son on the bum with a wooden spoon. The boy rings the police. So when the police lay six charges, what does the Crown do?
It refuses to offer evidence believing the boy’s own complaint is not in his best interests in proceeding with a conviction, despite the police deciding that it was. The Crown decided not to give evidence after appearing before a judge. But nobody bothered to tell the accused why the Crown failed to give evidence.The judge discharged him….
update: The man has now lost custody of his son even though charges are dismissed. Child, Youth and Family (CYF) has interim custody of the boy. His father can’t contact him without consent and supervision. The boy is living with the man’s sister in Nelson.
Police were never the big issue with the changes to S59 – criminal convictions can be appealed. The big problem is CYFS, which frequently seems to operate outside the law as documented elsewhere.
Except now, they have a law that makes it much easier to operate. All they need to do is go to a family and ask around until they can confirm that the parents smack their kids. Then they have perfect justification to remove the children, and there is very little the parents can do about it.
After all, would you kick up a public stink (the only option available) if it involved admitting you had broken the law and assaulted a child?