Sarah McMillan/cvnznews.com
A member’s bill aiming to make the reporting of child abuse mandatory has been drawn from Parliament’s biscuit tin, setting up a debate over whether New Zealand is doing enough to protect its most vulnerable children.
Port Waikato MP Andrew Bayly says his Crimes (Offence of Failing to Report Child Harm) Amendment Bill is designed to close what he calls a “loophole” in current law — one that allows witnesses to child abuse to stay silent without consequence. Under the Crimes Act, there is currently no legal obligation for a person to report child harm committed by someone else, even if they have seen it or been told about it.
Bayly argues this gap has hindered police investigations for years, particularly in cases where families refuse to disclose information that might incriminate relatives. His bill would make failing to report known or suspected child assault an offence punishable by up to three years in prison.
“This includes seeing physical signs of abuse or being told by a child that they or someone they know has been abused,” Bayly said. “Even one case of unreported child abuse is too many.”
New Zealand’s child abuse statistics remain grim. Around eight children die from abuse each year, and in 2024 Oranga Tamariki received more than 250 reports of suspected abuse every day. Bayly says mandatory reporting could save lives, pointing to a 2016 Australian study showing Western Australia saw a two‑ to five‑fold increase in reports and confirmed cases after introducing similar laws.
The bill includes a “reasonable excuse” defence for situations where reporting could endanger someone’s safety or where the information has already been disclosed.
Bayly says the proposal aligns with the Government’s broader push to prioritise victims and crack down on violent crime. He plans to seek cross‑party support, though mandatory reporting has historically raised questions about practicality, enforcement, and unintended consequences for families already under stress.
The bill will now enter Parliament’s legislative process, where those debates are set to unfold.
