The New Zealand government announced on Monday that new legislation will be introduced to criminalize stalking by the end of the year. A conviction will see offenders facing up to five years in prison.
Stalking is currently not a crime under New Zealand’s Crimes Act 1961. With the introduction of the amendment, stalking will be defined to capture three acts within the span of 12 months that fall under a list of designated behaviors. The government says such behaviors include “damaging reputation, recording, or tracking and following or loitering as well as the use of technology in modern stalking methods”.
The new law is set to be backed by four additional amendments that seek to provide more robust protection for victims and deter offending. Stalking will be included as a form of psychological violence in the Family Violence Act. Stalking will also be recognized as an aggravated factor in sentencing. Courts will have the power to issue restraining orders when sentencing, and convicts will automatically be disqualified from holding a firearms license.
Justice Minister Paul Goldsmith said the law reform was a response to growing concern among the community about stalking, stating that “every New Zealander deserves to feel safe in their community and this Government is committed to making sure victims are at the heart of the justice system.”
New Zealand’s first stalking law has been a long time coming and for many New Zealand women, too long. In 2022, Auckland University of Technology law student Farzana Yaqubi was killed following multiple police complaints that the Independent Police Conduct Authority acknowleged went inadequately answered. Yaqubi first made an online report with proof of threats that went unaddressed by the police for 6 weeks until Yaqubi came to the station with escalated concerns. The tragedy incited renewed calls for law reform and further studies into stalking statistics in New Zealand. It also sparked the need for better training and resourcing to ensure that police are adequately equipped to respond to complaints.
The Auckland Women’s Centre wrote to the Justice Minister in May, arguing that “our current laws are piecemeal and inadequate. They often make it impossible for victims/survivors to be safe.” The letter represented the voices of around 80 groups and individuals. Earlier this year, over 20,000 people signed a petition by the Coalition for the Safety of Women and Children and AVA Anti-Violence Action to make stalking illegal.
Advocates say there is still work to be done at the Select Committee process before it is passed into law. There are concerns that the three-incident threshold may be one incident too many. These concerns are joined with calls to future-proof the law as much as possible from advances in technology that facilitate stalking and harassment behaviours.
