Turner Judy: Questions for Oral Answer — Urgent Questions Questions to Ministers 
Turner Judy: Questions for Oral Answer — Urgent Questions Questions to Ministers 
[Volume:639;Page:9260] 
5.  
JUDY TURNER (Deputy Leader—United Future) 
 to the  
Associate Minister for Social Development and Employment (CYF) 
: Will she be giving directions to Child Youth and Family Services similar to the proposed police discretion not to prosecute when force is used by parents or caregivers against a child when the offence is considered to be so inconsequential there is no public interest in proceeding with a prosecution; if so what is that advice? 
Hon RUTH DYSON (Associate Minister for Social Development and Employment (CYF)) 
: 
 No because Child Youth and Family does not bring prosecutions—that is the role of the police. Child Youth and Family’s role is to support families to ensure that children and young people are safe. I have confidence that social workers although working in an often complex and difficult environment are committed to meeting the highest standard of professional practice. 
Judy Turner 
: Will the Minister be recommending any protocols to her department so that it can determine what was in the mind of any parent accused of using force against children? 
Hon RUTH DYSON 
: No. There is no need for those sorts of guidelines because Child Youth and Family’s statutory role is already defined in the Children Young Persons and Their Families Act 1989. The Act provides a definition of a child or young person in need of care and protection as well as a definition of abuse. 
Russell Fairbrother 
: What support does Child Youth and Family provide for parents when action against a child by a parent or caregiver is brought to Child Youth and Family’s attention but is considered to be so inconsequential as to require no statutory intervention? 
Hon RUTH DYSON 
: Child Youth and Family works closely with community services to ensure that the appropriate support referrals are made in a timely way when necessary. There is also a proactive approach of working with communities families and individuals to promote positive parenting through a range of inter-agency programmes. 
Judy Turner 
: Do the guidelines used by her department focus on the amount of force used which is not reclassified in the new amendment to section 59 or on the intention and thinking of the parent which will be changed in today’s amendment? 
Hon RUTH DYSON 
: The member seems to be confusing section 59 of the Crimes Act which is actually a defence against an assault charge brought by police with the statutory role as outlined in the Children Young Persons and Their Families Act. 
Rodney Hide 
: Can the Minister confirm for the benefit of parents and indeed children up and down New Zealand that should the anti-smacking bill pass into legislation a parent smacking his or her toddler will be committing an offence under the Crimes Act irrespective of the directions to Child Youth and Family and irrespective of whether the police decide to prosecute? 
Hon RUTH DYSON 
: This member has also demonstrated his lack of understanding of section 59 which is a defence against an assault charge. Nothing in Sue Bradford’s bill which Parliament will be debating later this afternoon changes the legality or otherwise of smacking.