A Christchurch parent has been charged with assault after an incident in which he claims he flicked his sons ear to prevent him from harm and engaging in disruptive behaviour. It is being held up as an example of a parent being prosecuted over a trivial matter after the 'anti-smacking reform' last year.
Under the Crimes Act, the parent has a defence if he can prove that it was for the purpose he claimed. The relevant section is the infamous Section 59:
Parental control(1) Every parent of a child and every person in the place of a parent of the child is justified in using force if the force used is reasonable in the circumstances and is for the purpose of—
(a) preventing or minimising harm to the child or another person; or
(b) preventing the child from engaging or continuing to engage in conduct that amounts to a criminal offence; or
(c) preventing the child from engaging or continuing to engage in offensive or disruptive behaviour; or
(d) performing the normal daily tasks that are incidental to good care and parenting.
Given that the Police would be unlikely to succeed if the assault was just a flick on the ear to stop a child from running off, or be disruptive, I doubt that his version of events is true.
However, it is not sensible to ever pre-judge a criminal prosecution. I await the police evidence being presented so we can what witnesses saw - obviously a different view of the incident - and the case proper, where the matter will be resolved.