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Sue Bradford, the MP who drafted the law change that banned smacking, says it will be difficult to draw conclusions from the referendum result.
The postal ballot closes on Friday and the result is expected to be announced about 8.30pm.
The 2007 change to the Crimes Act made it illegal for parents to use force against children for correction but also allowed police the discretion not to prosecute inconsequential cases.
Opponents forced the referendum, which asked: "Should a smack as part of good parental correction be a criminal offence in New Zealand?"
They are anticipating an overwhelming "No" vote and have set up a press conference for Friday night to claim victory.
Green Party MP Bradford said on Friday that she expected a high number of spoiled ballot papers had been sent in.
"Feedback I've received from the public over the last few weeks tells me a lot of people feel pretty angry at the confused nature of the referendum question and the waste of $9 million of taxpayers' money this represents," she said.
"For some, their response has been to write political - if not downright rude - remarks on their ballot papers."
Bradford said the question was so flawed with its mixed and ambiguous message that she knew of strong supporters of the change who had voted "No".
"I would have a much greater respect for the referendum result if it was based on a clearer question," she says.
"The `Yes' vote is a vote for keeping the law as it is, providing children with the same legal protection from violence as adults.
"Even a large `No' vote tonight won't be a clear mandate to the Government to act in any particular way," she says.
The referendum result is not binding on the Government.
Prime Minister John Key has said the law is working in the way that it was intended to, and he would not change it unless it stopped working.
Add a Comment:
Post new commentObey Democracy said on 2009-08-28 @ 16:17 NZDT: Report abusive post
Time to exercise some democracy and tear this illegitimate Law Down. Spread the word gather at parliament on 09/09/09 at 9am. It is time to make a stand for democracy that these creeps can't defy. It will be an asset to New Zealand for generations to come. Never again should any Political party be able to show such contempt and corruptibility to obey tiny minorities, UN dictates or whatever is operating Key. 09/09/09@9am/9pm Parliament/MPS Office or CYFS Carry signs saying "OBEY"
Nomanor said on 2009-08-27 @ 14:53 NZDT: Report abusive post
1 Leading: the wording of the referendum was bias. Which I believe led people to vote against the bill. 2 Abuse: parents who actually beat their children before the bill were able to get off the assault charges on reason of "Discipline". Misinterpretation makes parents believe that actual disciplinary measures will put them in prison. 3 Resolution: Key refuses to repeal the bill and give child abusers a GOJF card and protects against innocent people getting in trouble. Key has my vote.
samuelpike10 said on 2009-08-26 @ 22:44 NZDT: Report abusive post
What type country has Aotearoa become? We have elected members to parliament who do as they will and not as the people ask. I FEEL THAT WE SHOULD BILL THE COST OF THE REFERENDUM TO THE MEMBERS OF PARLIAMENT. If they acted appropriately in the first place we would not be in this situation. We have lost our position as a best practice leader.
mcarky said on 2009-08-26 @ 21:13 NZDT: Report abusive post
Paul Henry challenges the PM on folic acid in bread and in about a week the legislation is dropped. 88% Kiwis voice there disapproval for Sue Bradfords smacking bill, but yet it remains. I would really love to hear Paul Henry challenge the PM on this one. Why the about face? Whats the agenda?
klemon said on 2009-08-26 @ 20:06 NZDT: Report abusive post
So where do we turn? Labour stank, National won't listen, all the other parties are nuts. There is pretty much no one left to vote for. I think I've just lost faith in the only country I've ever been in.