Turia Tariana: Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Bill — Second Reading 
Text is incorporated into the Bound Volume 
Turia Tariana: Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Bill — Second Reading 
[Sitting date: 21 February 2007. Volume:637;Page:7578. Text is incorporated into the Bound Volume.] 
TARIANA TURIA (Co-Leader—Maori Party) 
: 
Tena koe Mr Speaker tenatatou te Whare. If one went into any kohanga reo throughout Aotearoa chances are that one would hear a waiata being sung with huge gusto: 
He taonga o tokungakau ko taku mokopuna e. 
He mokopuna korikori hei aha hei aha ra. 
Ko te mea nui ko te aroha. 
Kaua koe e patu taku mokopuna. 
Hei awhiawhi mai taku mokopuna korikori e. 
[ 
A treasure of my heart is indeed my grandchild. 
Even if he or she is a fidgety one it is not a concern. 
Loving is the most important thing. 
Don’t hit my grandchild. 
My fidgety grandchild is for cuddling 
.]  
This waiata talks about our mokopuna being truly precious—the treasures of our heart. It is a waiata that reminds us all not to hit our children and that promotes the messages of caring kindness and love. It is a call that restores the traditional values of our ancestors as being values for action—values that ask us to consider the way in which we bring up our children as fundamental towards setting standards to live by. There is such a rich archive of knowledge—moteatea whakatauaki karakia and waiata—that reinforces the special gifts required to cherish our children. It holds messages such as the kohanga song that inspire us to be the best parents and to love our children and our mokopuna with all our hearts. I am also aware that other messages are vigorously promoted as providing guidance on how to raise a child. 
Over the last year our office has been bombarded with correspondence from advocates opposing this bill. We have heard a common refrain that offers one interpretation of the biblical phrase: “Spare the rod and spoil the child.” as the argument has been put that this phrase justifies the use of corporal or physical punishment. From my understanding of Christian beliefs the rod referred to was a shepherd’s crook. It was used to guide or to nurture a flock on to the right path. It was not a directive to pick up a cane and wallop a child. In Te Ao Maori we have a concept similar to that of the shepherd’s rod in the saying: “He aroha whaea he potikipiripono”. This is a message to us that essentially parents who care for and nurture their children will find that their children will stay longer with them. If time is given to pass on values and to give guidance on responsibilities and obligations then children are less likely to deviate from these—“as the twig is bent so shall the tree grow.” 
Maori history and literature provide ample guidance about the difference between discipline and the violence of assault against children. The first extensively published ethnographic work by a Maori scholar  
The Old-Time Maori 
 by Makareti Papakura of NgatiWahiao Te Arawa described the experiences she had observed: “The Maori never beat their children but were always kind to them and this seemed to strengthen the bond of affection which remains among Maori throughout life.” Indeed there have been so many sources similarly describing the promotion of peace and care for children as a traditional value amongst tangata whenua that Professor Dame Anne Salmond described pre-colonisation as a “golden age” in her book  
Two Worlds 
. Tuhotoariki of Ngai Tara composed an oriori for his nephew Tuteremoana that was dedicated towards assisting the whanau to support that child in acquiring the vital life skills necessary to achieve his optimum potential. Another source te oriori mo Matareta guides a child in the history and traditions of its people demonstrating that both women and men were the carers and that children were entitled to security respect and protection. 
By sharing some of these time-honoured stories and values I do not want to suggest that everything is rosy in our homes today. For the reality is as this House well knows that New Zealand is suffering from a shameful record of epic proportions in terms of the way in which we mistreat our children. Last week’s United Nations’ Unicef report displayed our filthy washing for the world to see. We have the highest rate of children dying from accident or injury in the 25 OECD countries studied. Dr Gay Keating director of the Public Health Association summed it up with her call for a major rethink to show that we value our children. She said: “The health of our children is the responsibility of us all. Investing in our children now will reward us a thousand-fold in the future. If we ever needed a wake-up call this report is it.” 
The Maori Party is of the view that the decision to repeal section 59 of the Crimes Act is exactly the type of investment we need to be making if we are committed to our children living in an environment free of violence. This bill will in effect place parents in the same position as that of any person who uses forcible action against another adult—in other words who assaults someone. This bill now removes the opportunity for assault against children to be recognised as reasonable by defining the types of actions one may take to remedy a situation requiring discipline. The bill sets out a range of approaches—such as pulling a child away from harm or when it is harming others or putting a child in a room for time out—and defines what is an appropriate preventive measure. 
I was raised firstly by my grandmother. At no time did she raise her hand or her voice in taking care of me or my cousins who were all loved nurtured and cared for by her. She lived kaupapa and tikanga and I hope that that is what my children grandchildren and great-grandchildren remember about me when I am gone. Speaking as a mother grandmother and proud great-grandmother I know too well the challenge of child rearing and of how it is easy even with the best intentions for one’s patience to wear thin and for the weapons at the end of one’s arms to become too easy to apply. I believe that when we smack a child we send the message that it is OK to hit others if we think they are doing something wrong to us. 
As a general rule I am not someone who smacks but that is not to say that I have not been sorely tempted over the years. Wherever I go whether it is to the supermarket the marae or a shopping mall down the street I know how frequently smacking is used as the first resort. Yet as Littlies Lobby research tells us 97 percent of over 1300 parents of preschoolers who were surveyed did not believe that physical discipline was highly effective. So we are in a catch-22 situation. Parents know that smacking does not work yet it has become so commonplace that the repeal of section 59 was vehemently opposed and created a near-record number of submissions to the Justice and Electoral Committee. 
This bill has raised many complex issues for parents and caregivers right around the country. The Maori Party has certainly appreciated the insights of submitters to the select committee who have shared their frustrations around the apparent State interference in the autonomous right of parents to care for their children. We too would be concerned if the new requirements had the impact of criminalising parents of children being removed from their care and of the family becoming another statistic in the State welfare records. This morning Greg O’Connor from the Police Association basically said that the police will prosecute people who break the law which must cause us some serious concern. The new section 59 will still beg interpretation. What for instance is understood by “performing the normal daily tasks that are incidental to good care and parenting.”? As has already been suggested monitoring of judicial decisions and child discipline cases will be necessary to ensure that abusive behaviour is actually being recognised and stopped. 
So what we have had to weigh up are the concerns of parents and our kaupapa. We believe that it is critical that a line in the sand be drawn. The time has come for a very strong message of no hitting and non-violence to be promoted in every possible way. It is because of our kaupapa that we therefore see the aspirational value of this bill as being a beacon of pride for all whanau to hold as they establish the pathway forward for their tamariki. Kia ora.