'Kahui Law' stops silence around child abuse cases

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Wed, 13 Apr 2011 6:07p.m.

Macsyna King (NZPA)

Macsyna King (NZPA)

By Rachel Tiffen

A new bill making it a crime to turn a blind eye to child abuse has been introduced in Parliament.

It has been dubbed the ‘Kahui Law’, because of the Kahui family's stonewalling of police in 2006.

The Kahui twins are two bright little faces, well known in New Zealand for all the wrong reasons. But now a law is on its way to help stop such unnecessary deaths.

“Turning your back on a child who has been maltreated will no longer be possible if you are living in that household or have close proximity to it once this law is passed,” says Minister of Justice, Simon Power.

The Kahui family's silence, after the twins' death in 2006, brought the issue to light and it was raised again with deaths like that of Hamilton baby Hail-Sage McClutchie.

This law is coming in to stamp stonewalling out.

“Playing games around agreed positions of silence, that's not acceptable if a child's life is at risk,” says Mr Power.

Under the Crimes Amendment Bill, anyone who lives at or regularly visits a home or residence where a child is being abused and turns a blind eye will be prosecuted.

But the bill as drafted is not clear as to whether say a social worker or a neighbour will be held to account under the new law. That will be refined by a select committee and then by the courts on a case by case basis.

Former child psychiatrist Anthea Simcock says child abuse goes unreported far too often.

“It's one of those things we can't measure but all estimates show that the number of notifications of child abuse are grossly under-estimated in the whole scheme of things,” says Ms Simcock

And Plunket's not convinced prosecution is the right approach.

“We're quite good at criticising people, we're quite good at telling people when they've done wrong, but we're not so good at supporting people,” says Plunket clinical advisor Alison Hussey.

The new law will have its first reading in Parliament mid-year.

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Comments

18 Apr 2011 11:31a.m.

Michelle Turrall wrote:

Kathleen ... don't believe that, accountability is not something CYF's are good at believe me on this one

15 Apr 2011 09:49a.m.

Kathleen McKay wrote:

@ Michelle, I would expect cyfs workers to be held accountable, especially those that continue to place kids in dangerous situations KNOWINGLY, I guess we'll soon know when it's tested before the courts.

14 Apr 2011 06:23p.m.

margaret ngapera wrote:

Why do you people keep saying that the whanau were stone walling the news paper never tells the truth and yet you continue to quote them.The police were informed by the whanau not once have I seen any information pertaining to that fact. You people who have the facility to make the facts public but no you continue to quote the media so by publishing this info you continue to help the lies to continue.

14 Apr 2011 02:35p.m.

Michelle Turrall wrote:

Does that include social workers from CYF's?

13 Apr 2011 09:49p.m.

Grant wrote:

Good - something the useless Labour party failed to do in 10 years because of their 'P.C.' approach to crime.

13 Apr 2011 09:09p.m.

kane wrote:

If it is found out during a trial that certain people were aware and did not report the abuse I am guessing they will be prosecuted after the trial... If it is known before the trial that they knew and turned a blind eye I guess police can use this as a tool and say testify to what you have witnessed and we will not seek the max sentence for this offence or ALT charge them with a lesser offence.. This is a win for children And the best law change I have seen for a long time... This means mothers/fathers cant sit back and watch their partners abuse his/her children... Which up in till now they got away with... Very good law change... And I have know doubt that this will help fight child abuse in NZ and brake the family and friends silence culture to say nothing...

13 Apr 2011 09:03p.m.

katrina wrote:

About time. Good idea. I don't know how the Kahui's live with themselves, I would be ashamed to even have the same name

13 Apr 2011 08:38p.m.

James J.Read wrote:

The motive behind the Kahui Law is excellent.However, getting a conviction under it will be very difficult. Statistically, most child abuse occurs in Maori families ( 60 per cent ). Yet we have no legal definition of " whanau " to determine the extent of responsibility. As regards visitors, how frequrnt is " regular "? Let's plug these holes and convict abusers.