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Port Waikato MP Andrew Bayly says he is pleased that his member’s bill, the Crimes (Offence of Failing to Report Child Harm) Amendment Bill, has been drawn from the ballot.
The bill would make it mandatory to report known or suspected child abuse to police, he confirms.
“As the Crimes Act is currently written, there is no obligation to report child harm committed by another person that someone has witnessed. This hinders the ability of the police to effectively investigate cases of child harm, especially when families refuse to give evidence that might incriminate other family members.”
It will address a loophole which denies justice to victims of child abuse because of their families’ or others’ failure to disclose information, he believes
“My bill will change that by making it an offence to fail to report assault on a child without a reasonable excuse, creating liability for a prison sentence of up to three years,” he explains.
“This includes seeing physical signs of abuse or being told by a child that they or someone they know has been abused. Even if someone isn’t abusing a child themselves, it is unacceptable that they may be aware, or ought to be aware, of child abuse and do not report it to police.”
One case of unreported child abuse is too many, Bayly adds.
“Around eight children a year die of abuse in New Zealand. In 2024, Oranga Tamariki received more than 250 reports of suspected child abuse a day. I find this unacceptable and if obligatory reporting saves even one young life, then this law change is worth pursuing.”
The bill does make allowances for a ‘reasonable excuse’ defence, applying in cases where someone fears for their, or another person’s, safety, or believes the information has already been disclosed by another person.
Introducing a similar law change in Western Australia in 2009 led to a two-to-five-fold increase in reports, investigations and confirmations that abuse had occurred, a study found.
“I’m proud to be part of a government that puts victims first and is cracking down on crime,” Bayly adds. “This bill supports that, so I will be working hard to secure support across the House for this important amendment to protect our children.”
