Stalking legislation takes first step in Parliament

Legislation making stalking a crime punishable by up to five years in prison has passed its first reading in Parliament, under urgency.

It lists behaviours like recording or tracking someone, following them, or loitering near them. Three of those within a year would lead to a conviction.

The legislation, introduced by Justice Minister Paul Goldsmith, also resembles a member's bill previously submitted by Labour's Ginny Andersen after the death of 21-year-old Aucklander Farzana Yaqubi, who was threatened and stalked for weeks before being stabbed to death.

She had complained to police via the 105 reporting system and made a formal statement in the month of her death, but her complaint had not been progressed.

The legislation was supported by all parties.

It would now go for consultation at select committee, with Goldsmith encouraging anyone who had been affected by stalking to have their say.

"Existing harassment laws haven't kept pace with trends in this dangerous area," Goldsmith said.

"Since I announced this bill, many victims and advocates have talked about the need to have this law in place as soon as possible."

Four other amendments would also be made to support the new offence:

• Allowing courts to make restraining orders and orders in relation to harmful digital communications, when sentencing for the new offence.
• Adding at sentencing two new stalking-related aggravating factors. These factors recognise the particular harms associated with stalking behaviours and offending against a person who has a restraining order against the offender.
• That a stalking and harassment conviction disqualifies the offender from holding a firearms licence.
• Clarifying that the definition of psychological violence in the Family Violence Act includes stalking. This provides better recognition of the harms associated with stalking for those in a family relationship with their stalker.

Goldsmith said it came as part of the government's commitment to ensuring there were 20,000 fewer victims of serious violent crime by 2029.

He had in June committed to introducing such legislation by the end of 2024, having previously only committed to doing so before the next election.

On Tuesday, Goldsmith said every New Zealander deserved to feel safe in their community, and the government was determined to ensuring victims were at the heart of the justice system.

"The public is clearly concerned about stalking, and we are moving quickly to create a new stalking and harassment offence as part of our plan to restore law and order," he said.

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