The amendment to the Crimes Act, is one of the most controversial pieces of legislation ever passed in New Zealand.
Despite polls showing overwhelming opposition by New Zealanders, it was passed in parliament by 110 votes out of a possible 122.
Sponsored by Green Party member, Sue Bradford, the amendment bans parents from using force against their children for "for the purpose of correction."
The police have the power to exercise discretion not to prosecute "inconsequential" cases.
Prior to 2007, the Crimes Act permitted parents to use "reasonable" force to discipline their children.
However, the Human Rights Commission said that "reasonable" was open to interpretation and had led parents to being acquitted for disciplining their children with belts, hose pipes and pieces of wood.
The controversy has not abated since the law was passed. Opponents of the amendment presented a petition signed by 300,000 people to the government for a referendum.
A TV ONE News Colmar Brunton poll, this week, revealed that over eighty percent of the respondents believe that a 'smack' should not be treated as a crime.
Although Prime Minister John Key would not reveal to ONE News if he would follow up on the results of the referendum, he said it was a serious matter and was not "dismissive" of it.
He said he had not seen any evidence that the law was not working but gave a commitment to changing the law if presented with evidence to the contrary.
“The Prime Minister is wrong”, says Bob McCroskrie, National Director of Family First, a pro family organisation, in a press release.
“Police reports show that since the anti-smacking law was passed there have been thirteen prosecutions–for 'smacking' or 'minor acts of physical discipline'.
“As well, the number of non-abusive families being investigated with no abuse found was as high as ninety-four percent—we are wasting police time and resources.
“The Prime Minister can no longer hide behind the claim that the law is working and that good families are not being targeted.”
Family first has put before the Prime Minister seven cases of good parents being prosecuted under the law.
“That's why every poll before the law was passed and since has been overwhelmingly opposed to the law.
“It's time we targeted real child abuse—not real parents,” said Mr McCroskrie.
Child welfare agencies such as Plunket, Barnados, Families Commission and Save the Children support the amended legislation. Some of these agencies are partly or wholly government funded.
Voting forms have been sent out and New Zealanders have until the August 20 to return their papers.
Citizens initiated referendum is not binding—the government can ignore the results.
