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Stalking legislation to bring in restraining orders: Justice Minister reveals new details

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RNZ

10 November 2024, 9:13 PM

Stalking legislation to bring in restraining orders: Justice Minister reveals new detailsJustice Minister Paul Goldsmith Photo: RNZ / REECE BAKER
  • If passed, the new law will make stalking illegal, punishable by up to five years in prison
  • Courts will be able to make restraining orders and harmful digital communications orders for stalking
  • Being caught stalking could also result in longer sentences for other crimes, with two new aggravating factors being introduced


New details have been revealed about planned changes to make stalking illegal, with offenders facing up to five years in prison.


The law change would include behaviours like recording someone, tracking them, following them, or loitering nearby, Justice Minister Paul Goldsmith said in a statement.


Committing three of those activities within 12 months could lead to a conviction.


The changes would also include four other stalking-related amendments, Goldsmith said.


This would mean courts are able to make restraining orders and harmful digital communications orders at sentencing, for those convicted of a stalking offence.


Two new stalking-related aggravating factors would be introduced, extending sentences for stalkers convicted of other crimes.


The definition of psychological violence in the Family Violence Act would also be clarified to specifically include stalking.


Finally, those convicted of stalking would also be disqualified from holding a firearms licence.


Goldsmith said every New Zealander deserved to feel safe in their community, and the government was committed 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.


"This comes as part of the Government's commitment to ensuring there [are] 20,000 fewer victims of serious violent crime by 2029, and delivers on the promises made in our Q4 Action Plan."


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.


A member's bill submitted by Labour's Ginny Andersen would also have made stalking a crime punishable by up to five years in prison. It would have pointed also to aspects of family violence that could constitute stalking.


It was drafted after the death of 21-year-old Farzana Yaqubi in December 2022, after she was threatened and stalked for weeks - including receiving messages from the offender threatening to throw acid on her face.


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


However, the bill has remained in Parliament's biscuit tin, not yet drawn for consideration.


A petition signed by almost 8000 people was also submitted to Parliament urging Goldsmith to make stalking a crime.


He had already committed ahead of last year's election to look into stalking legislation. - RNZ