Justice Minister: Time to make stalking illegal in New Zealand

But while some stalking behavior is illegal in New Zealand, stalking itself is not a crime.

In June, Justice Secretary Paul Goldsmith, after receiving a petition signed by 20,000 people, promised to introduce a bill to Parliament by the end of the year that would criminalize stalking.

Criminal lawyer Iswari Jayanandan explains The detail that in her experience, stalking is not an issue that often comes before the courts.

But just because there aren’t many cases doesn’t mean stalking doesn’t happen. An Amnesty International survey found that one in three Kiwi women have been stalked online.

Public attention shifted after the 2022 murder of Farzana Yaqubi, who was stalked in the lead-up to her death.

“The way legislation is made is that someone somewhere raises it as an important public issue and then successive governments take an interest in it,” she says.

When stalking behavior is reported to the police, it is currently recorded as various incidents or offences, ranging from suspicious behavior to trespassing to burglary or assault, depending on the circumstances of each case.

Other cases that do not involve stalking can also be registered under the same classifications.

Jayanandan says that in her experience, people don’t know what laws already exist to protect victims of stalking.

She says it is widely believed that the Harasment Act treats incidents as a civil matter, but there is a clause in it that allows police to criminally charge an offender.

“There is a specific provision that allows criminal intimidation and the maximum penalty is a prison sentence of two years.”

Jayanandan says the range of conduct covered by this clause goes beyond the obvious loitering outside someone’s home.

“It also makes it possible to enter someone’s property, seize their belongings… electronic communications, telephones, offering material or leaving it in someone’s home, it’s quite broad.”

But Jayanandan doesn’t believe its full potential is being tapped.

“The Harassment Act certainly involves a lot of judgment-making by police: ‘Do I go the criminal route or do I tell them to apply for a civil injunction?’” she says.

“I think if you just tell them ‘you don’t have to judge anymore’ because it’s definitely a crime now, it’s easier for them to focus.”

Jayanandan also wants more investment in training frontline officers.

“They are often the first point of contact when these types of scenarios arise… it could involve training police officers to look out for these types of indicators, which are indicators of future harm… they need to be made aware.” don’t just think it’s a civil issue, it’s now a criminal issue,” she says.

Jayanandan says any new legislation must clearly identify what constitutes stalking and put the victim at the center.

“The very obvious forms of stalking must be taken into account, but also the invisible forms of stalking, which are usually electronic and cyber-related.

“Anti-stalking laws are not just about punishing the offender; they also need to find a way to empower victims so that they feel like they have a say and some control over what happens to them.”

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