New Zealand citizens-initiated referendum, 2009
Encyclopedia
The New Zealand corporal punishment referendum, 2009 was held in New Zealand
from 31 July to 21 August, and was a citizens-initiated referendum on parental corporal punishment. It asked:
for the referendum
was launched in February 2007 in response to the "anti-smacking" bill then before Parliament to amend Section 59 of the Crimes Act, removing discipline as a defence for assault against children. The petition was organised by Sheryl Savill with support from Kiwi Party's Larry Baldock
. The wording of the petition was approved by Clerk of the House David McGee on 21 February 2007.
The bill, introduced by Sue Bradford
, was passed in Parliament with 113 votes to 7 on 16 May 2007. Meanwhile organisations and individuals led by Larry Baldock continued to collect signatures to initiate a referendum. They fell short by about 15,500 signatures (many were invalid), and they were granted two further months to make up the difference. Eventually the petition attracted 310,000 signatures from voters, surpassing the 285,000 signatures, or 10 percent of total voters, required to force a referendum.
In June 2008, then Prime Minister
Helen Clark
announced that the referendum would not take place alongside the 2008 election
as the organisers had been hoping. The decision was based on advice from the Chief Electoral Officer that holding such a referendum could lead to voter confusion. Instead, a postal ballot was selected, starting 30 July 2009 for eligible voters and closing on 21 August 2009.
Prime Minister John Key said that the government would change the law if it was not working, but that he believed the current law is working well.
The referendum question was interpreted by some to imply that "a smack" can form part of "good parental correction". However this interpretation was not universally held, making the referendum a loaded question, and drawing broad criticism along these lines. Murray Edridge, Chief Executive of Barnardos New Zealand, noted that the question "presupposes that smacking is part of good parental correction" which he described as "a debatable issue". Prime Minister John Key described the question as "ambiguous" and pointed out that it "could be read a number of different ways". Leader of the Opposition
Phil Goff
expressed concern that the question "implies that if you vote 'yes' that [sic] you're in favour of criminal sanctions being taken against reasonable parents — actually nobody believes that."
Both John Key and Phil Goff stated that they did not intend to vote in the referendum, with Key calling the question "ridiculous". The Prime Minister believes turnout will be low.
Sue Bradford
introduced a private member's bill
designed to prevent future citizens-initiated referenda from having poorly worded questions, and the National government
is considered adopting it. The Citizens Initiated Referenda (Wording of Questions) Amendment Bill is to ensure this better wording in referendums.
, Unicef, Women's Refuge, CPAG
, Epoch and Jigsaw, believed the referendum question was misleading, and encouraged their supporters to vote "yes". These organisations, along with many others, are backing "The Yes Vote" campaign. Māori Party
co-leader Pita Sharples
and Green Party
co-leader Russel Norman
want the current law retained, with Norman adding he would vote Yes.
. ACT leader Rodney Hide
said he would vote no, believing parents have the right to lightly smack their children. Family First
and The Kiwi Party also supported the referendum.
's bill to reform referendum questions raised questions about interpretation of the 2009 referendum. She wrote:
Caritas Aotearoa New Zealand
has made this argument:
had a private member's bill
legalising smacking drawn from the ballot less than a week after the referendum. Prime Minister John Key
said his National Party
would vote it down, with the Labour Party
and Green Party
also opposed making it likely to be lost after the first reading of the bill. In September 2010 the Bill was in fact defeated 115-5 on its first reading in Parliament.
estimated that between 4,000 and 5,000 people attended.
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
from 31 July to 21 August, and was a citizens-initiated referendum on parental corporal punishment. It asked:
"Should a smack as part of good parental correction be a criminal offence in New Zealand?"
Background
The petitionPetition
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer....
for the referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
was launched in February 2007 in response to the "anti-smacking" bill then before Parliament to amend Section 59 of the Crimes Act, removing discipline as a defence for assault against children. The petition was organised by Sheryl Savill with support from Kiwi Party's Larry Baldock
Larry Baldock
Larry Baldock is a New Zealand politician. He was a member of Parliament for the United Future New Zealand party from 2002 to 2005...
. The wording of the petition was approved by Clerk of the House David McGee on 21 February 2007.
The bill, introduced by Sue Bradford
Sue Bradford
Sue Bradford is a New Zealand politician who served as a list Member of Parliament representing the Green Party from 1999 to 2009.- Early life :...
, was passed in Parliament with 113 votes to 7 on 16 May 2007. Meanwhile organisations and individuals led by Larry Baldock continued to collect signatures to initiate a referendum. They fell short by about 15,500 signatures (many were invalid), and they were granted two further months to make up the difference. Eventually the petition attracted 310,000 signatures from voters, surpassing the 285,000 signatures, or 10 percent of total voters, required to force a referendum.
In June 2008, then Prime Minister
Prime Minister of New Zealand
The Prime Minister of New Zealand is New Zealand's head of government consequent on being the leader of the party or coalition with majority support in the Parliament of New Zealand...
Helen Clark
Helen Clark
Helen Elizabeth Clark, ONZ is a New Zealand political figure who was the 37th Prime Minister of New Zealand for three consecutive terms from 1999 to 2008...
announced that the referendum would not take place alongside the 2008 election
New Zealand general election, 2008
The 2008 New Zealand general election was held on 8 November 2008 to determine the composition of the 49th New Zealand parliament. The conservative National Party, headed by its Parliamentary leader John Key, won a plurality of votes and seats, ending 9 years of government dominated by the social...
as the organisers had been hoping. The decision was based on advice from the Chief Electoral Officer that holding such a referendum could lead to voter confusion. Instead, a postal ballot was selected, starting 30 July 2009 for eligible voters and closing on 21 August 2009.
Prime Minister John Key said that the government would change the law if it was not working, but that he believed the current law is working well.
Criticism of the question
The wording of citizens-initiated referendum questions is ultimately the responsibility of the Clerk of the House of Representatives, David McGee. The final wording of this question was decided by the Clerk on 21 February 2007. Under the referendum legislation, the wording of the question is required to "convey clearly the purpose and effect" of the referendum.The referendum question was interpreted by some to imply that "a smack" can form part of "good parental correction". However this interpretation was not universally held, making the referendum a loaded question, and drawing broad criticism along these lines. Murray Edridge, Chief Executive of Barnardos New Zealand, noted that the question "presupposes that smacking is part of good parental correction" which he described as "a debatable issue". Prime Minister John Key described the question as "ambiguous" and pointed out that it "could be read a number of different ways". Leader of the Opposition
Leader of the Opposition (New Zealand)
The Leader of the Opposition in New Zealand is the politician who, at least in theory, commands the support of the non-government bloc of members in the New Zealand Parliament. In the debating chamber the Leader of the Opposition sits directly opposite the Prime Minister...
Phil Goff
Phil Goff
Philip Bruce Goff is the current Leader of the Opposition and the Leader of the New Zealand Labour Party. During the Fifth Labour Government, he served in a number of ministerial portfolios, including Minister of Defence of New Zealand, Minister of Corrections, Minister of Foreign Affairs and...
expressed concern that the question "implies that if you vote 'yes' that [sic] you're in favour of criminal sanctions being taken against reasonable parents — actually nobody believes that."
Both John Key and Phil Goff stated that they did not intend to vote in the referendum, with Key calling the question "ridiculous". The Prime Minister believes turnout will be low.
Sue Bradford
Sue Bradford
Sue Bradford is a New Zealand politician who served as a list Member of Parliament representing the Green Party from 1999 to 2009.- Early life :...
introduced a private member's bill
Private Member's Bill
A member of parliament’s legislative motion, called a private member's bill or a member's bill in some parliaments, is a proposed law introduced by a member of a legislature. In most countries with a parliamentary system, most bills are proposed by the government, not by individual members of the...
designed to prevent future citizens-initiated referenda from having poorly worded questions, and the National government
Fifth National Government of New Zealand
The Fifth National Government of New Zealand is the current government of New Zealand. It is led by Prime Minister John Key.After the 2008 general election the National Party and its allies were able to form a government, taking over from Helen Clark's Fifth Labour Government. The National party...
is considered adopting it. The Citizens Initiated Referenda (Wording of Questions) Amendment Bill is to ensure this better wording in referendums.
The "yes" campaign
Most front-line child welfare organisations, such as Plunket, Barnardos, Save the ChildrenSave the Children
Save the Children is an internationally active non-governmental organization that enforces children's rights, provides relief and helps support children in developing countries...
, Unicef, Women's Refuge, CPAG
Child Poverty Action Group (Aotearoa New Zealand)
Child Poverty Action Group is a New Zealand political advocacy group for the abolition of poverty and social exclusion....
, Epoch and Jigsaw, believed the referendum question was misleading, and encouraged their supporters to vote "yes". These organisations, along with many others, are backing "The Yes Vote" campaign. Māori Party
Maori Party
The Māori Party, a political party in New Zealand, was formed on 7 July 2004. The Party is guided by eight constitutional "kaupapa", or Party objectives. Tariana Turia formed the Māori Party after resigning from the Labour Party where she had been a Cabinet Minister in the Fifth Labour-led...
co-leader Pita Sharples
Pita Sharples
Pita Russell Sharples, CBE, , a Māori academic and politician, currently co-leads the Māori Party. He currently is the member for Tamaki Makaurau in New Zealand's Parliament.-Early life:...
and Green Party
Green Party of Aotearoa New Zealand
The Green Party of Aotearoa New Zealand is a political party that has seats in the New Zealand parliament. It focuses firstly on environmentalism, arguing that all other aspects of humanity will cease to be of concern if there is no environment to sustain it...
co-leader Russel Norman
Russel Norman
Dr Russel William Norman is a New Zealand politician and environmentalist. He is a Member of Parliament and co-leader of the Green Party alongside Metiria Turei.- Early life :...
want the current law retained, with Norman adding he would vote Yes.
The "no" campaign
A "Vote NO" campaign emerged on 22 June with the launch of their website. The campaign was supported by Simon BarnettSimon Barnett
Simon Barnett is a radio and television host and presenter in New Zealand.Barnett currently co-hosts the morning show on Christchurch radio station 92 More FM with Gary McCormick, and previously with Phil Gifford...
. ACT leader Rodney Hide
Rodney Hide
Rodney Hide is a New Zealand politician who was leader of the political party ACT New Zealand from 2004 to 2011. From 2005 to 2011 he represented the electorate of Epsom as its Member of Parliament. Rodney Hide was Minister of Local Government, Associate Minister of Commerce and Minister of...
said he would vote no, believing parents have the right to lightly smack their children. Family First
Family First New Zealand
Family First New Zealand is a conservative advocacy group in New Zealand.It formed in March 2006 with former Radio Rhema talkback host and South Auckland social worker Bob McCoskrie as the National Director...
and The Kiwi Party also supported the referendum.
Interpretation problems
Sue BradfordSue Bradford
Sue Bradford is a New Zealand politician who served as a list Member of Parliament representing the Green Party from 1999 to 2009.- Early life :...
's bill to reform referendum questions raised questions about interpretation of the 2009 referendum. She wrote:
An example of an approved referendum question that is both leading and misleading is the NZ Referendum on Child Discipline 2009 proposed by Larry Baldock.
The question approved for that referendum "Should a smack as part of good parental correction be a criminal offence in New Zealand?" is leading in that the use of the word "good" before "parental correction" makes a value-judgment which predetermines the answer. People answering the question will be drawn to answer "no" on the basis that what is "good" cannot be criminal.
Caritas Aotearoa New Zealand
Caritas (charity)
Caritas Internationalis is a confederate of 164 Roman Catholic relief, development and social service organisations operating in over 200 countries and territories worldwide....
has made this argument:
Mr Smith says the upcoming referendum will not provide clarity on the question of child discipline, because it is possible to support the 2007 amendment while voting either Yes or No to the referendum question: Should a smack as part of good parental correction be a criminal offence in New Zealand?
However, Caritas recognises that in the political context of the referendum, a 'Yes' vote is seen to be a vote for the status quo, while a 'No' vote is seen to be a vote against the 2007 amendment.
"In this context, we recommend a 'Yes' vote, as we believe the status quo is close to the position that we recommended to the Select Committee. However, the wording of the question is so ambiguous, many New Zealanders who support efforts to reduce violence against children, may in good conscience still feel obliged to vote 'No'. It will be hard to understand what the outcome of the referendum may mean," says Mr Smith.
He says Caritas will be writing to the Prime Minister and other relevant politicians, expressing concern that the ambiguous nature of the question will result in an outcome that cannot be understood as either supporting or opposing the 2007 amendment.
Nationwide
By electorate
| Electorate | Party holding seat | Yes (%) | Yes (num) | No (%) | No (num) | Informal votes | Invalid votes | Turnout | |
|---|---|---|---|---|---|---|---|---|---|
| Total | 11.98 | 201,541 | 87.40 | 1,470,755 | 10,421 | 1,685 | 56.09 | ||
| National | 29.20 | 5,898 | 69.69 | 14,075 | 223 | 14 | 45.78 | ||
| National | 7.32 | 2,210 | 92.27 | 27,844 | 122 | 9 | 66.75 | ||
| National | 9.13 | 2,206 | 90.49 | 21,874 | 93 | 8 | 57.04 | ||
| Labour | 16.63 | 3,476 | 82.66 | 17,283 | 149 | 60 | 50.22 | ||
| Labour | 10.87 | 2,751 | 88.59 | 22,418 | 136 | 66 | 58.97 | ||
| National | 7.25 | 1,942 | 92.39 | 24,754 | 97 | 34 | 62.94 | ||
| National | 8.32 | 2,490 | 91.25 | 27,307 | 130 | 5 | 66.16 | ||
| Labour | 19.86 | 4,065 | 79.02 | 16,173 | 230 | 10 | 50.54 | ||
| Labour | 11.51 | 3,243 | 87.74 | 24,729 | 213 | 22 | 62.32 | ||
| National | 8.84 | 2,130 | 90.72 | 21,859 | 106 | 26 | 59.32 | ||
| National | 10.24 | 2,742 | 89.24 | 23,907 | 141 | 17 | 59.63 | ||
| Act | 18.74 | 4,752 | 80.37 | 20,384 | 228 | 10 | 52.71 | ||
| National | 13.41 | 3,169 | 85.82 | 20,276 | 182 | 14 | 55.14 | ||
| National | 9.78 | 2,365 | 89.80 | 21,710 | 102 | 14 | 55.38 | ||
| National | 9.19 | 2,574 | 90.41 | 25,327 | 114 | 17 | 61.12 | ||
| National | 7.19 | 1,963 | 92.38 | 25,223 | 119 | 13 | 63.17 | ||
| Labour | 15.60 | 3,527 | 83.64 | 18,912 | 173 | 45 | 53.01 | ||
| National | 15.15 | 3,832 | 84.00 | 21,242 | 214 | 76 | 55.89 | ||
| National | 7.55 | 2,023 | 92.09 | 24,685 | 97 | 6 | 60.13 | ||
| National | 8.42 | 2,407 | 90.95 | 26,008 | 181 | 15 | 64.95 | ||
| Labour | 16.86 | 3,738 | 82.31 | 18,251 | 185 | 51.75 | |||
| Labour | 17.15 | 2,432 | 82.33 | 11,677 | 74 | 38.49 | |||
| Labour | 15.81 | 2,532 | 83.63 | 13,396 | 91 | 40.47 | |||
| Labour | 11.87 | 1,946 | 87.70 | 14,376 | 70 | 44.25 | |||
| National | 15.73 | 3,567 | 83.72 | 18,985 | 125 | 50.41 | |||
| Labour | 23.08 | 4,898 | 75.92 | 16,112 | 212 | 47.83 | |||
| Labour | 13.91 | 3,132 | 85.57 | 19,274 | 117 | 50.38 | |||
| National | 9.34 | 2,514 | 90.12 | 24,251 | 146 | 61.42 | |||
| National | 15.33 | 4,122 | 83.95 | 22,572 | 192 | 59.47 | |||
| Labour | 15.66 | 3,799 | 83.66 | 20,294 | 164 | 54.65 | |||
| National | 8.73 | 2,351 | 90.81 | 24,446 | 124 | 60.25 | |||
| National | 14.78 | 4,153 | 84.45 | 23,736 | 217 | 58.79 | |||
| National | 13.84 | 3,447 | 85.39 | 21,268 | 191 | 55.57 | |||
| National | 8.74 | 2,390 | 90.67 | 24,805 | 163 | 63.23 | |||
| United Future | 19.88 | 4,980 | 78.97 | 19,779 | 288 | 54.85 | |||
| National | 10.56 | 3,035 | 88.71 | 25,487 | 209 | 61.82 | |||
| National | 9.47 | 2,608 | 90.12 | 24,814 | 113 | 60.91 | |||
| Labour | 11.74 | 2,917 | 87.40 | 21,718 | 215 | 57.44 | |||
| National | 8.44 | 2,037 | 91.15 | 22,006 | 99 | 57.57 | |||
| Labour | 18.29 | 4,616 | 80.66 | 20,354 | 263 | 56.77 | |||
| National | 7.59 | 2,320 | 92.02 | 28,118 | 119 | 64.45 | |||
| National | 8.05 | 2,127 | 91.42 | 24,153 | 140 | 63.82 | |||
| Labour | 11.75 | 2,926 | 87.68 | 21,830 | 141 | 57.24 | |||
| National | 8.96 | 2,735 | 90.50 | 27,621 | 164 | 66.09 | |||
| Labour | 29.34 | 6,370 | 69.43 | 15,073 | 267 | 47.64 | |||
| National | 7.86 | 1,990 | 91.66 | 23,209 | 123 | 59.81 | |||
| National | 10.12 | 2,928 | 89.30 | 25,832 | 168 | 65.23 | |||
| National | 14.47 | 3,910 | 84.74 | 22,906 | 214 | 56.96 | |||
| National | 7.26 | 1,907 | 92.41 | 24,267 | 86 | 64.36 | |||
| National | 7.29 | 2,033 | 92.30 | 25,723 | 113 | 61.84 | |||
| National | 8.54 | 2,515 | 90.99 | 26,789 | 139 | 63.85 | |||
| National | 10.89 | 2,480 | 88.64 | 20,193 | 109 | 54.45 | |||
| National | 9.45 | 2,530 | 90.03 | 24,116 | 140 | 60.71 | |||
| National | 7.00 | 1,832 | 92.54 | 24,215 | 120 | 64.46 | |||
| Labour | 7.97 | 2,355 | 91.61 | 27,071 | 125 | 64.33 | |||
| National | 8.60 | 2,456 | 90.79 | 25,920 | 174 | 62.65 | |||
| National | 12.40 | 2,706 | 87.07 | 19,007 | 116 | 53.89 | |||
| National | 7.63 | 2,434 | 91.76 | 29,277 | 196 | 65.90 | |||
| Labour | 36.04 | 7,697 | 61.94 | 13,229 | 432 | 44.04 | |||
| National | 11.72 | 3,171 | 87.67 | 23,716 | 164 | 62.84 | |||
| National | 8.12 | 2,159 | 91.44 | 24,303 | 115 | 60.83 | |||
| National | 9.17 | 2,572 | 90.32 | 25,337 | 143 | 61.60 | |||
| Progressive | 12.42 | 3,023 | 86.89 | 21,150 | 167 | 54.39 | |||
| Labour | 10.71 | 1,188 | 88.86 | 9,854 | 34.36 | ||||
| Labour | 10.10 | 1,194 | 89.40 | 10,573 | 36.14 | ||||
| Māori | 12.21 | 1,481 | 87.22 | 10,579 | 34.15 | ||||
| Māori | 11.17 | 1,362 | 88.25 | 10,758 | 37.36 | ||||
| Māori | 10.70 | 1,344 | 88.77 | 11,148 | 37.87 | ||||
| Māori | 14.40 | 1,791 | 85.40 | 10,580 | 38.86 | ||||
| Māori | 8.77 | 1,026 | 90.77 | 10,617 | 36.58 |
Government response
Prime Minister John Key promised to bring forward the planned review of the law.John Boscawen's private member's bill
By coincidence, Government coalition and ACT MP John BoscawenJohn Boscawen
John Boscawen is an ACT New Zealand member of the New Zealand House of Representatives and as of May 2011, ACT's Parliamentary Leader and former Minister of Consumer Affairs of New Zealand. He came to parliament in the 2008 general election as a list MP, having been ranked fourth...
had a private member's bill
Private Member's Bill
A member of parliament’s legislative motion, called a private member's bill or a member's bill in some parliaments, is a proposed law introduced by a member of a legislature. In most countries with a parliamentary system, most bills are proposed by the government, not by individual members of the...
legalising smacking drawn from the ballot less than a week after the referendum. Prime Minister John Key
John Key
John Phillip Key is the 38th Prime Minister of New Zealand, in office since 2008. He has led the New Zealand National Party since 2006....
said his National Party
New Zealand National Party
The New Zealand National Party is the largest party in the New Zealand House of Representatives and in November 2008 formed a minority government with support from three minor parties.-Policies:...
would vote it down, with the Labour Party
New Zealand Labour Party
The New Zealand Labour Party is a New Zealand political party. It describes itself as centre-left and socially progressive and has been one of the two primary parties of New Zealand politics since 1935....
and Green Party
Green Party of Aotearoa New Zealand
The Green Party of Aotearoa New Zealand is a political party that has seats in the New Zealand parliament. It focuses firstly on environmentalism, arguing that all other aspects of humanity will cease to be of concern if there is no environment to sustain it...
also opposed making it likely to be lost after the first reading of the bill. In September 2010 the Bill was in fact defeated 115-5 on its first reading in Parliament.
Binding referendum
Dissatisfied with the government's response, the Kiwi Party has put forward another referendum to make referendums legally binding. The question "Should Parliament be required to pass legislation that implements the majority result of a citizens initiated referendum where that result supports a law change?" was approved by the Clerk of the House on 17 December 2009.Public protests
A protest against Prime Minister John Key's response to the referendum was held on Saturday, 21 November 2009 in Auckland. The New Zealand HeraldThe New Zealand Herald
- External links :* * *...
estimated that between 4,000 and 5,000 people attended.
Opinion polls
| Source | Date | Sample | Yes | No | Dont know/won't vote |
|---|---|---|---|---|---|
| TVNZ Television New Zealand Television New Zealand, more commonly referred to, and stylized as TVNZ, is a government-owned corporation television network broadcasting in New Zealand and parts of the Pacific. It operates TV1, TV2, TVNZ7, TVNZ Heartland, TVNZ U and new media services.... /Colmar Brunton Colmar Brunton Colmar Brunton is an international market research agency. It is also Australia's largest independent market research agency.Its head office is in Sydney, Australia, with other offices in the Australian cities of Melbourne, Brisbane, Adelaide and Canberra, as well as in New Zealand and... |
3 August 2009 | 1000 | 13% | 83% | 5% |
See also
- Crimes Act 1961Crimes Act 1961The Crimes Act 1961 is an Act of the Parliament of New Zealand administered by the Ministry of Justice.-Amendments:The Homosexual Law Reform Act 1986 amended the Crimes Act, allowing for consensual homosexual relationships between men....
, the Act that was amended - Crimes (Substituted Section 59) Amendment Act 2007 the amending Act
- Crime in New ZealandCrime in New ZealandCrime in New Zealand is of strong interest to the public due to concerns for personal safety and security of property. The media regularly reports only certain types of crimes and this may give a skewed perception to the public.-History:...
- Corporal punishment in the homeCorporal punishment in the homeDomestic corporal punishment typically involves the corporal punishment of a child by a parent or guardian in the home—normally the spanking or slapping of a child with the parent's open hand, but occasionally with an implement such as a belt, slipper, cane or paddle.In many cultures,...
External links
- Elections New Zealand - 2009 Citizens Initiated Referendum
- The Yes Vote campaign
- The Vote No campaign