Hutchison Paul: Care of Children Bill Status of Children Amendment Bill — Third Readings 
Hutchison Paul: Care of Children Bill Status of Children Amendment Bill — Third Readings 
[Volume:621;Page:16727] 
Dr PAUL HUTCHISON (National—Port Waikato) 
: 
 This legislation is undoubtedly a lost opportunity for the children of New Zealand and a lost opportunity by the Labour Government in terms of the care of children. Muriel Newman put it very well when she talked about the context of New Zealand’s custody and access laws and the heartbreaking stories whereby children miss out on access to their mothers and fathers on a daily basis. In fact one of the horrific statistics was that on a daily basis more children are losing access to their fathers through separation or divorce than through what occurred in the entire Second World War. That is a horrific thought. That is the size of the sort of issue one would have hoped this legislation might address but sadly does not. 
To make it even more poignant in terms of context it is important to point out the extraordinary crisis in many respects that New Zealand has gone through over the last 15 to 20 years and is still going through in respect of its failure to care for children. The figures for homicide are such that between 1989 and 2000 111 children and young people aged between 0 and 14 died as a result of homicide and 1743 were admitted to hospital as a result of non-accidental injury inflicted by others. It has been shown that these tragic events occurred most commonly within families with fathers mothers de facto partners and other relatives caregivers and acquaintances accounting for all but 11 percent of the deaths. 
When one reads the paramount principle in the legislation which states that the child’s welfare and best interests are to be the first and paramount consideration and then the Government’s commentary on the Care of Children Bill where in respect of new clause 4A it recommends that the child’s parents and guardians should have the primary responsibility one becomes greatly concerned about the undermining of parental responsibility that appears to have gone on in the many sectors of our society that are governed by Government particularly in the education services over the last 4 to 5 years under the Labour Government. 
I think particularly of a case that occurred earlier this year where a disabled girl was apparently raped and where the parents were not informed of the situation. The school counsellors and the school took over her care which included giving her medication for an infectious disease—medication that she did not even know how to take. It was 3 months later that the parents found out about it due to the extraordinary aberrant behaviour of this young woman. They could not understand what was going on. Yet the ethos in this country under the Labour Government is: “Look it’s OK that parents’ responsibility be taken away. We the State will look after her.” It is in that context that we see my colleague Judith Collins pointing out how the erosion of parents’ rights has subtly occurred and been reinforced under this Labour Government. 
I myself have heard time and time again in Port Waikato from mothers who have come to me distressed that their daughters have through the school and its counsellors been given the pill without the parents’ knowledge. That is an ethos that we must reverse in New Zealand. As the commentary points out the child’s parents and guardians should have the primary responsibility and should be encouraged to agree to their own arrangements etc. Clause 4A states further that the child’s care development and upbringing should be facilitated by ongoing consultation and cooperation among and between the child’s parents and guardians and all persons exercising the role of providing day-to-day care for or entitled to have contact with the child. That is not happening to a certain extent in many of our schools around the country and I think that that is a huge undermining erosion of this very important principle of parental responsibility. 
Although I personally did not agree with one of the amendments that Judith Collins put forward to Parliament I absolutely agree with the sentiment she expressed—that it is hugely important for us in New Zealand to do everything possible to make sure that the framework for reinforcing parents’ involvement with their children is as strong as possible. I hope indeed that the Labour Government will take note of Judith Collins’ second amendment where the recommendation was that the Abortion Supervisory Committee gathers statistics and does research on the question of young women under the age of 16 having abortions without their parents’ knowledge. 
It is hugely important that we make sure in New Zealand that where there is abuse in the home or incest it be stopped through the force of the law and that there are no impediments to making sure that happens. I think that the debate we have had should focus us and that we should not let it go because it is terribly important. Although the law suggested may not have been ideal the responsibility of Parliament now is to make sure on the one hand that we have the ethos whereby parents are deeply involved if at all possible with their children and on the other hand where the home has abuse or violence that the force of the law is brought down on it. 
There is another area National supported to a certain extent which is the openness of care of children’s proceedings. It seems as though it is very hard to drag the Labour Party into a culture of openness. Although we welcome the fact that the children’s court is being opened to a certain extent we are certainly very concerned that it is only to a certain extent. I think it was US Justice Brandeis who said that sunlight is the best disinfectant and I thought that that was a very very refreshing term. 
Undoubtedly judges in the Family Court are fallible. Sometimes they are ordinary people—very ordinary people—and it is a worry when the Family Court can tell editors whether they may write something in particular. There is no doubt that as a basis open reporting and accountability are vital fundamentals of democracy and it is of huge concern that we hear this politically correct Labour Government talking about accredited media. What does it mean? The Government has not even bothered to define it. 
There are huge issues for New Zealand associated with this legislation about the care of children but sadly the Labour Government has failed to take the opportunity to explain them. It is with deep regret the National Party is not able to support this legislation because of the Labour Government’s failure to take a practical sensible and common-sense approach to this hugely important question.