The author of this paper explores children's rights and the legality of corporal punishment of children in New Zealand, beginning with an historical and a philosophical overview on the right of the child to not be subjected to corporal punishment. Recent academic discourse, the status of children in New Zealand, and inconsistencies in New Zealand domestic law are then explored. There is a focus on the "United Nations Convention on the Rights of the Child" (1989) and s59 of the Crimes Act (1961). The author suggests that a degree of violence is accepted within New Zealand society and that this is evident through the various interpretations the Court has given to s59 of the Crimes Act and provisions under other Acts. Case studies are drawn upon to emphasise the subjective interpretation by the Courts of the term 'reasonable chastisement'. Recommendations to New Zealand on corporal punishment made by the committee on the Right of the Child are also discussed. The author analyses changes in legislation to protect children's rights as required under international law; however, she concludes with the message that further steps are necessary to help protect children from corporal punishment and to balance the rights of children with those of adults.

New Zealand Law Review (3) 2002 : 359-391