Submissions open for Crimes Legislation (Stalking and Harassment) Amendment Bill
Fri 31 Jan 2025
Public submissions for the Crimes Legislation (Stalking and Harassment) Amendment Bill are currently open.
Submissions open for Crimes Legislation (Stalking and Harassment) Amendment Bill
The Crimes Legislation (Stalking and Harassment) Amendment Bill seeks to address stalking, which can pose a threat of serious harm to victims. The Bill proposes to:
- create a stalking and harassment offence in the Crimes Act 1961
- introduce new aggravating factors that recognise the unique circumstances associated with stalking and breaching a restraining order in the Sentencing Act 2002
- expand the definition of psychological abuse to include stalking in the Family Violence Act 2018
- prevent self-represented defendants charged with the new offence from being able to personally cross-examine alleged victims.
The closing date for submissions is 11.59pm, Thursday 13 February 2025.
The Bill passed its first reading on 12 December 2024 and was introduced by Justice Minister Paul Goldsmith:
“Existing harassment laws haven’t kept pace with trends in this dangerous area. Since I announced this Bill, many victims and advocates have talked about the need to have this law in place as soon as possible. The Bill has been referred to the Justice Select Committee and I encourage anyone who has been affected by stalking to have their say."
Definition of stalking in the Bill
The Bill defines stalking as “a pattern of behaviour” where a person engages in three separate stalking actions within a 12-month period while knowing their actions are “likely to cause fear or distress”.
It specifies the following acts as stalking behaviours:
- watching, following, loitering near, or obstructing
- recording or tracking
- contacting or communicating
- damaging, devaluing, moving, entering, or interfering with taonga or property (including pets)
- damaging or undermining reputation, opportunities, or relationships
- acting in any way that would cause fear or distress to a reasonable person.
These acts can be done directly or indirectly to another person, or any close friends or family members of that person (when targeted due to their relationship with the main victim). These acts can be done personally by an individual, or by an individual via a third-party individual, institution, or organisation. The act may be facilitated “by or through any means whatsoever (for example, tracking devices, digital applications, spyware, drones, or the use of artificial intelligence)”.
The definition provided by the Bill covers most acts included in the Coalition for the Safety of Women and Children and the National Collective of Independent Women’s Refuges’ 2022 policy report on a potential stalking law for Aotearoa. Behaviours not specifically included in the Bill include:
- Implicit or explicit threats
- Leaving unwanted items
- Disturbing sleep, peace, privacy
- Doxing
- Using a victim’s disability to harm
- Vexatious litigation (or legal harassment).
The frequency of contact may itself distinguish the behaviour as threatening, for example, repeated phone calls, or calls late at night. The report also notes that proxy stalking via children is particularly common.
Public interest in stalking law reform
Public interest in stalking law reform grew in response to the high-profile murder of Farzana Yaqubi in December 2022, who complained to police weeks beforehand that she was being stalked.
The Independent Policy Conduct Authority found the police response to be inadequate. Key findings include:
- The initial assessment matrix Police use to assess allegations of stalking is not fit-for-purpose
- Police did not consider cultural and religious factors that influenced how Ms Yaqubi engaged with them
- Police did not provide her with appropriate support
- Police failed to ensure significant matters raised in her formal statement were immediately addressed
- Police failed to link Ms Yaqubi’s file and the file of another young girl who was also being threatened by the same man, so did not accurately record the full picture of risk posed.
Development of the Bill was supported by family violence subject matter experts (FV SMEs) within Te Tāhū Hauora | Health Quality & Safety Commission who made several recommendations for stalking legislation. They recommended:
- Any stalking legislation be based on a comprehensive understanding of violence, as described in the Family Violence Act (2018), including an understanding of patterns of harmful behaviours
- Family violence responders are supported to take heed of the concerns of family and whānau members who report violence
- Consideration should also be given to supporting and providing a whole of family, whole of whānau response where stalking is evident.
What makes anti-stalking legislation effective
Awatea Mita from Aotearoa Free From Stalking (AFFS) said that the proposed anti-stalking and harassment legislation currently before Parliament is not as robust as it could be due to the failure to consult properly with Māori. Agencies with statutory responsibilities have often failed Māori, who now feel they must look out for themselves:
“So, it’s building up our communities to be able to address stalking and harassment… but this is in the face of a lack of funding, to be able to carry out all these actions. And so, what we would also hope is that at some point there will be more resourcing for our whānau who are being harmed by stalking.”
Alison Towns of the Coalition for Safety of Women and Children told Midday Report how important it was that the bill talked about a pattern of behaviour:
“One act might appear quite trivial, but when it's seen in the context of the behaviour of the stalker, it has a totally different meaning, so it's important to look at it as a pattern of behaviour…"
"I'm not convinced that they're going to include threats in there… and threats are very much a part of stalking. It may be that they're considering threats elsewhere in the Crimes Act and don't need to be in this stalking legislation, but they're so much a part of what is stalking that I think they need to be included."
She noted that we have poor data on how common stalking is, but overseas data suggested "between 15 and 20 percent of women are stalked and between five and 10 percent of men… People from indigenous cultures are stalked much more than others."
How to have your say
Aotearoa Free From Stalking (AFFS) have created a submission content guide where they have identified a few strengths and weaknesses of the current legislation.
You can:
Make your own public submission by 11:59pm Thurs 13 February. Your submission will be published alongside your name, so please be aware that anyone may see it.
Complete an anonymous parliamentary survey that will help inform the select committee by Thurs 13 February.
Participate in AFFS’s secure anonymous 45-minute questionnaire to inform the Auckland Women’s Centre/Aotearoa Free From Stalking submission on the bill by Sunday 9 February.
More information on your options and a formal submission template can be found in AFFS’s “have your say” options guide.
Related Media
Zeni’s experience is extreme, but it isn’t rare, The Spinoff, 25.11.24
Police could have stopped stalker who murdered Farzana Yaqubi, victim advocate says, RNZ, 18.04.24
Image: Christian Chen on Unsplash
