Minister for Justice: Time to make stalking illegal in New Zealand

But in New Zealand, although certain stalking behaviors are illegal, stalking itself is not a crime.

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

Criminal defense lawyer Iswari Jayanandan tells The detail that, in their experience, persecution has not been an issue that often comes to court.

But just because there aren’t many cases doesn’t mean persecution isn’t happening. An Amnesty International survey reported that around one in three Kiwi women have been stalked online.

Public attention shifted following the 2022 murder of Farzana Yaqubi, who was persecuted before her death.

“Effectively, the way legislation happens is that someone, somewhere raises the issue as a significant public issue and then successive governments take an interest in it,” she says.

Currently, when stalking behaviors are reported to the police, they are recorded as multiple incidents or offenses, ranging from suspicious behavior to trespassing, robbery or assault, depending on the circumstances of each case.

Other cases that do not involve persecution can also be registered in these same classifications.

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

She says the Harassment Act is widely considered to treat incidents as a civil matter, but has a provision that allows police to criminally charge an offender.

“There is a specific provision that allows criminal harassment and the maximum penalty is two years in prison.”

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

“It also allows you to enter someone’s property, take their belongings…electronic communication, telephones, offering material or leaving it in someone’s home, it’s reasonably broad.”

But Jayanandan doesn’t believe it is being utilized to its full potential.

“The Harassment Act certainly involves a lot of judgment on the part of the police, ‘Do I go down the criminal route or do I tell them to get a civil order?’” she says.

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

Jayanandan also wants to see more investment in the education of frontline officers.

“They are often the first point of contact when this type of scenario happens…it may involve training officers to watch for these types of indicators, which are indicators of future harm…they need to be informed’ don’t think it’s just a civil matter, now it’s a criminal matter,” she says.

Jayanandan says any new legislation needs to clearly identify what qualifies as stalking and keep the victim at the center.

“It is necessary to address the very obvious types of stalking as well as the invisible types of stalking, which are often electronic and cyber.

“Stalking laws are not just about punishing the offender; they must also find a way to empower victims so they feel like they have a say and have some control over what is happening to them.”

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