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Tariana Turia: Speech

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Thu May 17 2007 12:00:00 GMT+1200 (New Zealand Standard Time)

Tariana Turia: Speech

Thursday, 17 May 2007, 10:17 am
Speech: The Maori Party

Crimes (Substituted Section 59) Amendment Bill

Third Reading; Wednesday 16 May 2007

Tariana Turia, Co-leader of the Maori Party

In the sea of hyperbole and extreme emotion that has washed over the nation in these last few months, there have been two particular cases before the Court that should have stopped us all in our tracks.

The first was just last Friday, when the High Court in Auckland heard how a boy of three years old was subjected to regular beatings using a baseball bat, a vacuum cleaner pipe, rods and a wooden spoon, and punched repeatedly in the face.

The couple convicted of manslaughter used section 59 of the Crimes Act as their defence, claiming that they only ever used reasonable force.

They could use section 59 of the Crimes Act as a defence simply because it is there. It is a defence to allow parents to administer physical punishment against their children. No such defence exists for people doing the same to other people's children, to other adults, to pets.

As long as we have people who are prepared to administer beatings so savage that a child’s blood splatters on to the ceiling – and who are then able to defend that callous brutality as a ‘reasonable’ punishment, then this nation is in deep trouble.

The other case was heard in the Napier District Court two weeks ago, when a Hastings woman came to the attention of the police after her seven year old whangai son was beaten so severely that he was left with welts on his arms and back still visible six days later.

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In reflecting upon her actions, the woman, a grandmother, talked about the need to take responsibility, saying “there’s no reason justifying hurting your child, because it’s lifelong”. She resolved that she was determined to break the cycle of violence and learn new ways.

And that, Mr Speaker, is why this Bill has been so significant in the evolution of Aotearoa.

We all know of the outrageous abuse at the extreme end of the scale of violence that every day is being meted out to innocent children. And it must stop now.

But we also know of the willingness and the commitment of parents and grandparents, of aunts and uncles, of caregivers, who are clear that there is a different way to address the disciplining of children.

Child abuse and violence – and at its most grotesque extreme of child murder – has a profound cost on the wellbeing of this nation.

At the level of fiscal impact, economist Murray Weatherston has estimated child abuse costs our nation $1.25 billion a year.

But there are other costs which emerge from the current provisions in our legislation which have allowed physical or mental violence, injury or abuse, neglect or negligent treatment to be suffered by a child in the care of their parents or guardians.

Costs in international reputation in terms of our current status of breaching the UN Convention on the Rights of the Child.

Then there are the lifelong costs of the trauma of the vulnerable. Children have the right to grow up free from violence; to grow up unscathed by the abuse of power; undamaged by the imprint of parental ill-treatment.

The costs of cruelty which influence future generations; the ill-treatment of one child repeated in the children and the grandchildren to come.

Mr Speaker, the Maori Party fully endorses and absolutely believes in the capacity of parents to be wonderful parents.

As we have travelled around the country we have had parents approach us with tears in their eyes, wanting us to know that they are the best possible parents that they can be.

We have had parents sending in photos of their children and their parents; sharing their stories in a passionate desire to help.

And we have called, right throughout this Bill, for the urgency of ensuring effective parenting education programmes are provided.

We know that the cases of maltreatment and violence that feature in the headlines are so few in number, and yet far too often, they over-shadow the real issues facing parents in their homes.

The issues of not knowing what to do, calling out for help, looking for strategies, for programmes, for ideas to be great parents.

Our decision to support the repeal of Section 59 of the Crimes Actwas based on both these factors.

As long as one child is damaged at the hands of parents, we will support any legislative proposal that seeks to make a difference.

As long as parents are saying to us they want to know how to be better parents, we will support proposals to make a difference.

And this Bill will make a difference. It has already. It has sparked debate about the most difficult, challenging and important responsibilities of all – the precious opportunity to bring up children.

And the Maori Party today wants to pay tribute to those organisations who have lobbied Parliament for so many years.

And I want to acknowledge with great respect, the investment and the courage demonstrated in the name of this Bill by you all. Thank you.

The Maori Party stands to honour the vision of Sue Bradford, who has endured the onslaught of anger and fear that this change has incited in so many.

Sue, you have stood strong in your belief that we must treasure our mokopuna as the taonga we know them to be. And thank you for your persistence, your foresight, and your leadership.

There have been others in this House who deserve to be recognised. Members who shared their personal experiences, who talked about the challenge of parenting. Katherine Rich for having the strength of character to stand true to her beliefs. Tena koe Katherine. Chester Borrows for his genuine attempt to try to put forward a compromise; and of course both the leaders of National and Labour, for being prepared to work together, in the interests of our children.

The reaction to the practice of compromise was interesting in itself – a spirit of co-operation described as ‘flabbergasting’; as a ‘giant leap”; as “remarkable”.

If anyone had asked for our reaction – we would have simply said, that it was about manaakitanga – mutual respect, treating others in ways which ensure all are elevated and enhanced in the interests of the nation.

We think of the goals of a fair and just society, I pay my greatest tribute to the people of this country.

Academics and researchers who sent us papers describing how in earlier times, Maori children were not physically disciplined in order to develop and nurture their fearless and adventurous spirit.

And finally, as we consider the fearless and adventurous spirit of children, I thank the many Mums and Dads, on both sides of the debate, who whether they marched on Parliament, sent an email, wrote copious letters, made extremely passionate phone-calls, all showed that they cared about children.

It has not been an easy path by any means, and in the Maori Party, we too, have had our trials and challenges as we agitated over the significance of this Bill to our nation.

We were influenced greatly by our reluctance to intervene in the important role of parenting. Our whole approach to whanau development has always been that we look to support the self-determining capacity of whanau to care for themselves.

But we reminded ourselves, that the state has exercised power over the family long before this Bill saw daylight through parental obligations; health; education and other matters.

We have – and continue to have – significant concerns about the role and the capability of the police to be able to act in ways which supports a climate of non-violence. We were adamant that we did not want to do anything which would create fear or exacerbate bias, particularly when we recognise the disproportionate and ongoing injustices experienced by Maori at the hands of the police.

These are concerns that must be listened to and we will continue to look for every opportunity to ensure justice is attained.

But ultimately, we made up our minds in our united pursuit of our kaupapa; in our vision for a nation which allows children to explore their world without fear of violence or of being hurt.

We believe that statements of aspiration are important in encouraging whanau to create and maintain violence-free homes.

And so it is with the vision of the Maori Party, the vision of this Parliament, the vision of this nation, that we made our stand to speak up; to protect children.

And I want to end with the words of a waiata that one Nanny sent to me, asking me to think of this song as we voted to repeal section 59 of the Crimes Act.

I believe the children are our future
Teach them well and let them lead the way
Show them all the beauty they possess inside
Give them a sense of pride to make it easier
Let the children's laughter remind us how we used to be

And that’s the very least that we owe the children of this nation.

No reira, tena koutou, tena tatou.

Ends

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