Reasonable Steps to Intervene or an Unreasonable Intervention? A Critique of a Proposed Criminal Offence Designed to Prevent Child Abuse in New Zealand

Abstract

In late 2009, the New Zealand Law Commission recommended the introduction of a criminal offence that would punish household members who knew of a risk of death, serious injury or sexual assault to a child or vulnerable adult within their household, and who failed to take reasonable steps to prevent that harm. This Legislation Note asks whether such an offence would be a beneficial addition to New Zealand’s criminal law. Part 1 provides a framework that ought to guide discussion of criminalising any conduct or form of inaction. In Part 2, an outline of the Commission’s recommendations will be given, as well as a brief comparison to an analogous offence in the United Kingdom. Third, the framework suggested in Part 1 will be applied to the proposed new offence. The goal of protecting children from abuse is an incredibly important and admirable one. However, the use of the criminal law in this circumstance is ill advised.