- Hon Paul Goldsmith
Stalkers will face the full force of the law when the clock strikes midnight tonight, Justice Minister Paul Goldsmith says.
"Tonight stalking will become a criminal offence punishable by up to five years in prison. Our government is sending a very clear message - this insidious behaviour has to stop. If it continues, stalkers will face the consequences.
"For years we've heard accounts by Kiwi women that have been shocking. Stalking causes serious emotional, psychological and economic harm, yet until now, stalkers have got away without facing serious legal consequences. This is not right. Stalking and harassment is vicious, sinister and can be deadly.
"From day one our government has been committed to ensuring there are real consequences for crime and that victims are at the heart of the justice system. It underpins all our work to fix the basics in law and order, and build a future where all New Zealanders can feel safe in their communities.
"However, it's all very well being able to charge somebody with an offence, but it's pointless if there aren't real consequences for crime. This is why we've already limited the discounts judges can apply at sentencing to 40 per cent, and also given sexual violence victims the power to determine whether their perpetrators receive permanent name suppression.
"The reality is anybody can be a victim of stalking and harassment. However, women are greatly overrepresented as victims, due to the actions by the deluded, the sexist, and the abusive. Even worse, their children can be exploited to surveil victims, pass on threats, or even be threatened themselves.
"This victory would not be possible without the tireless advocacy and help of many people. I want to thank the over 600 submitters to the Justice Committee. Many of them bravely shared their own stories, experiences and the impact stalking and harassment had on their lives."
The new offence of stalking and harassment is defined as a pattern of behaviour which the offender knew was likely to cause the victim fear or distress.
A pattern of behaviour is defined as two specified acts within a 2-year period. These specified acts are listed in the Act. A Police notice system and relevant defences are also built into the new offence.
The Crimes Legislation (Stalking and Harassment) Amendment Act outlines a range of stalking behaviours:
- Watching, following, loitering near or obstructing a person.
- Recording or tracking.
- Contacting or communicating with the person.
- Damaging, devaluing, moving, entering or interfering with taonga or property (including pets) that the person has an interest in.
- Damaging or undermining a person's reputation, opportunities or relationships.
- Publishing statements or other material relating to a person or pretending to be from that person - which is intended to cover definitions of 'doxing', or 'collating and publishing private and identifying information about an individual, including posting information on their behalf'.
- Acting in any way that would cause fear or distress to a reasonable person.
