New stalking legislation to come into force
Written by Damandeep Sadhra and Saige Lindsay
During November 2024, Justice Paul Goldsmith announced the Government’s plan to make stalking an illegal offence. The Crimes Legislation (Stalking and Harassment) Amendment Bill (Bill) was introduced and passed the first reading in Parliament on 12 December 2024. The Bill defines stalking as three specified acts within a 12-month period that establish a pattern of behaviour amounting to stalking, including behaviour that is likely to cause fear or distress. Watching, loitering, recording, and contacting are a few examples of what is considered stalking.
Existing legislation in New Zealand does not currently address stalking and this Bill has been introduced to address public concerns. Commonly, individuals experience these stalking behaviours from ex-partners and those they are in a family relationship with. Legislators believe this gap has created a barrier for victims to access effective legal avenues when being subjected to these behaviours.
The Bill aims to do the following:
- Make changes to the Family Violence Act 2018, including an amendment to the definition of psychological violence to include stalking alongside intimidation and harassment.
- Capture stalking behaviour occurring within family relationships.
- Give power to the Court to grant Harmful Digital Communications’ orders, addressing stalking which occurs online.
- Establish an offence provision which means any person convicted of engaging in stalking behaviour can receive a maximum of five years imprisonment.
If the Bill is officially passed by Parliament, it will provide more effective legal avenues to ensure you and your loved ones are protected if subjected to stalking or harassment, whether physical or online, by anyone.