Later this year we will have the opportunity to vote on a referendum asking:
Should a smack as part of good parental correction be a criminal offence in NZ?
There are two pretty serious problems with the question. Firstly, it has rolled two ideas together but we only have one vote. What say I believe one should not criminalise good parenting (“No” to the explicit question) but I believe that smacking is not good parenting and should be criminalised (“Yes” to the implicit question)?
Secondly, if the referenda succeeds what should the government do? The referenda is intended to be about repealing the current section 59 and replacing it with an explicit permission to use physical discipline for correction, but that’s not what it says. The government would be entirely justified in saying that the law as it stands is not criminalising good parents.
So we have a question that is not straightforward to answer and which doesn’t actually say what it wants.
I believe we should change the process for setting the question for referenda so that they are clear simple questions which provide an unambiguous direction to government. This probably means groups providing a description of the issue as well as possible questions if they wish then the Office of the Clerk getting the possible questions checked or new questions drafted so that the group can be given a choice of questions which are simple, clear and directive.