Bill proposing to make stalking illegal a ‘significant improvement’ on current law, expert says
Thursday, 30 May 2024
Labour MP Ginny Andersen has submitted an amendment bill proposing to make stalking a crime in New Zealand.
A law expert said the bill would be a “significant improvement” on current law.
If the bill gets the support of 61 non-minister MPs, it could be introduced into law by the end of 2024.
A bill proposing to make stalking illegal in New Zealand could come into legislation by the end of 2024.
While some stalking behaviours are covered by the law - usually in the Harassment or Crime acts - stalking is not an offence in itself.
For a stalker to be charged under these acts, they must have intended to cause the victim harm.
But not all stalkers see their behaviour as harmful. For example, someone may think they’re being romantic by repeatedly sending love letters and flowers to a person they’re interested in, but if the gestures are unwanted and constant, they could be overbearing and cause the recipient fear.
Stuff previously reported that the police find it hard to prosecute stalkers, given stalking, monitoring or surveilling people isn’t technically unlawful.
Labour MP Ginny Andersen, who was previously the minister for justice and police, has drafted an amendment bill proposing to make stalking a standalone offence under the Crimes Act.
If the bill comes into law, people may be prosecuted for stalking if they intentionally cause a person to fear violence, alarm or distress in a way that impacts their usual day-to-day activities.
The law also captures anyone whose conduct recklessly causes a person fear, alarm or distress when they ought to know the impact of their actions.
Behaviours which could constitute stalking if undertaken on two or more occasions include following, monitoring or spying, contacting or attempting to contact a person (including with unwanted gifts), loitering in public and private spaces, interfering with property, interrupting a person’s quiet enjoyment of their home, obstructing their movement or using a third party to harass or intimidate a person.
Anyone convicted of stalking could be jailed for up to five years.
Andersen told Stuff the 2022 murder of Farzana Yaqubi in Auckland was the inspiration behind the bill.
Yaqubi, 21, was stalked for weeks by Kanwarpal Singh, a man she barely knew, before he brutally stabbed her to death metres from her home.
Yaqubi had twice reported Singh to police. The Independent Police Conduct Authority later ruled the police response to Yaqubi’s reports was “inadequate”.
Andersen said she hoped the amendment bill would enable frontline services like police to act on instances of stalking before they become serious or fatal.
“It’s not OK for people to be living lives in fear, living lives that are essentially being made a misery by another person.”
Andersen herself had experienced stalking by “one or two individuals” who had repeatedly contacted her and shown up at her meetings intended for Hutt South constituents to discuss local issues.
University of Auckland associate professor of law Carrie Leonetti said Andersen’s bill was a “significant improvement” over the current laws against stalking behaviours scattered across the Crimes and Harassment acts.
Having stalking defined in the Crimes Act would allow police to adequately respond to complaints and investigate them as stalking, rather than harassment, which relied on intent.
The bill also captured online stalking behaviours - such as texting, emailing and tracking - which weren’t prevalent when the Harassment Act came into play in 1997, Leonetti said.
“It’s added a lot of behaviours that we know are a function of online stalking that are outside of the scope of the definition of harassment, right now in the Harassment Act.”
The provision allowing prosecution of those who didn’t intend to cause harm, but who did through negligence, was also a huge step in the right direction.
“That’s a really important added protection.”
If Andersen can get the support of 60 other non-executive MPs (those who aren’t ministers), the bill will automatically be introduced without having to go through the ballot.
“It shouldn’t matter what party or what your views are in terms of the spectrum of politics. This makes good sense because it keeps people safe and it enables a prevention approach to what can be quite dangerous behaviour.”
“This is something that the Government could pick up right now and have legislation in place, potentially before the end of the year.”
In a statement, Minister of Justice Paul Goldsmith said the Government was committed to reviewing stalking and harassment laws in its first term.
His office did not respond to requests for an interview.
Last week, the Coalition for the Safety of Women and Children wrote to Goldsmith, urging him to prioritise stalking law.
“Many New Zealanders, mostly women, do not have the empowerment that comes from knowing they are safe to care for their children, create loving relationships, live where they choose, or even to engage in public-facing work,” the coalition said.
“This is because they are targeted by stalkers: people making unwanted, repetitive, and persistent intrusions into their lives.”
Stalking is illegal in Australia, the US, the UK and Europe, meanwhile New Zealand’s laws were “piecemeal and inadequate”.
In a statement, a police spokesperson said it took stalking seriously and aimed to provide support to protect victims and prevent further harassment.
However, stalking was often difficult to prove with the current laws.
“Without substantial evidence, it can be challenging for police to take legal action.
“The impact of stalking is often subjective, and what one person perceives as threatening may not be seen the same way by others, including law enforcement or the courts.”
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