The murder of promising AUT student Farzana Yaqubi has led Labour to consider criminalising stalking, Prime Minister Chris Hipkins has announced.
Meanwhile, National says it is a “complex area of law” and something they would “look seriously at” if elected.
Yaqubi, 21, was murdered in December last year by Kanwarpal Singh, who last month was sentenced to 17 years in prison after pleading guilty to murder.
The Herald on Sunday earlier revealed that she had gone to police with concerns she was being harassed two months before she was murdered.
Following the revelations, Police Minister Ginny Andersen said she would be taking a “close look” at the findings of an independent investigation into Farzana Yaqubi’s murder to ensure there are “appropriate and prompt” processes in place for police to respond to complaints of stalking and harassment.
On Thursday, Hipkins announced Labour’s “six-point plan for safer communities”. Among the plan was to “strengthen legal protections” against stalking and harassment, including consideration of adding an offence of stalking to the Crimes Act.
“We need to modernise our stalking and harassment laws and bring them into line with overseas jurisdictions. Adding an offence of stalking to the Crimes Act, if aligned with laws in Australia and the United Kingdom, could entail a penalty of between 12 months to three years’ imprisonment, with stronger penalties if the person has possession of a weapon, for those who engage in behaviour of stalking a victim, loiters near the person’s place of residence or work with intent to intimidate.
“We will work with victims advocacy groups and legal experts as we progress these changes.”
In response, National’s justice spokesman Paul Goldsmith told the Herald the party had previously said the current laws around stalking may not be robust or effective enough.
“This is a complex area of law and something we’d want to look at in government.
“Labour has dragged its feet in this area. National has always listened to victims’ advocates and we would look seriously at making stalking a separate offence if we’re elected.”
It comes after advocates told the Herald Yaqubi’s death could have been prevented if such a law existed.
One advocate, clinical psychologist Dr Alison Towns, told the Herald she was “pleased” Labour was continuing to “consider” a stalking law, but said action needed to happen now.
“The Government just needs to get on with introducing a standalone stalking law, because while they continue to dither women are losing their lives.”
Singh was working as a security guard on Queen St and Yaqubi was at AUT when they met, court documents say.
She was passing by his workplace and he struck up a conversation with her and invited her for a coffee.
He began to continuously message her on Instagram. She blocked him, but the messages continued over the next two years, as he created various new social media accounts to contact her. He then started sending her threats, including kidnapping her.
“If u don’t wanna say anything I will kidnap u n give u 365 days to fall in love with me,” he said.
Singh added her family and friends as he continually tried to contact her via social media.
Yaqubi made an online report to police on October 25 last year complaining about Singh’s harassing behaviour. It didn’t stop.
On December 5, she noticed him following her at a shopping mall and contacted a security guard for help.
The following day he sent her a video taken outside her home.
That video left her fearing for her safety. She went to the Henderson Police Station to make another complaint.
Yaqubi made a statement about Singh’s stalking behaviour and gave officers screenshots of Singh’s messages.
The next day Singh had a pizza delivered to her home in Massey.
Two weeks later, on December 18, Yaqubi finished work at the Westgate Mall and caught the bus to Royal Heights.
She got off the bus and walked to an alleyway near the Waitakere Badminton Centre on her way to the home she shared with her family in Cedar Heights Ave.
Singh was waiting in the car park of the centre in his Toyota.
When he saw her walking in the alleyway, he approached her wielding a large knife.
When Yaqubi saw Singh, she tried to call police.
He stabbed her several times in the stomach and chest.
As she fell to the ground screaming, Singh continued stabbing as he stood over her.
When members of the public approached, he retreated down the alley, jumped a fence and fled in his car.
Yaqubi died at the scene. She had suffered 12 stab wounds along with defensive injuries.
Singh was arrested at home the next day. He had not previously appeared before the court.
Towns told the Herald she was “pleased” Labour was continuing to “consider” a staking law, but said action needed to happen now.
“The Government just needs to get on with introducing a standalone stalking law, because while they continue to dither women are losing their lives.
“Many others are seriously assaulted and have their basic freedoms curtailed by stalking: they find it hard to move around the community, to feel safe in their own homes, to go to work and their education courses safely and to sleep.
“This is not frivolous legislation, but legislation that would markedly impact on many women and others and potentially save lives. It would future-proof our law and update our dated legislation.”
Towns said there were “very good models” of what such a law would look like.
The Coalition for the Safety of Women and Children co-ordinator, Leonie Morris, earlier told the Herald the coalition believed Yaqubi’s death could have been prevented if New Zealand had criminalised stalking.
On Thursday, she said the coalition, co-ordinated by the Auckland Women’s Centre, was “pleased” that the Labour Party was committing to address stalking, “a pattern of behaviour that is insidious and yet every bit as impactful as physical violence”.
“We have been lobbying all the political parties and hope to hear from the other parties before our deadline, 13 September. The Green Party has already promised law reform.
“Stalking is unwanted repetitive and persistent intrusions into a person’s life. It is usually designed to control the victim, and it can be terrifying.”
Stalking was a known risk factor and precursor for severe and fatal violence, she said.
“Our outdated and piecemeal legislation means that stalking is not illegal in New Zealand. It is illegal in Australia, the UK, the USA, and most parts of the European Union.”
The addition of stalking to the Crimes Act needed to ensure that stalking behaviours were fully captured by name and conduct in New Zealand’s law, and that sufficient court-ordered protections were in place to protect victims of stalking and harassment, and “promote behaviour change amongst offenders”, she said.
She said police currently “lack the tools” they need to protect victims from stalking. Morris said adding stalking to the Crimes Act would ensure police were trained about stalking and its harms, raise public awareness, and allow data about stalking to be collected.
Goldsmith earlier told the Herald Yaqubi’s death was a “senseless killing”.
In relation to the criminalisation of stalking, Goldsmith said the party shared “widespread concerns”, that current laws relating to stalking “may not be sufficiently robust and effective”.
“National will have more to say on justice policies over the next couple of months.”
Andersen, in her role as Justice Minister, earlier told the Herald stalking was “extremely serious behaviour”.
“It is a complex area of the law and it’s incredibly important any reform is fit for purpose.”
Late last year, Ministry of Justice officials consulted with academics, specialist-service providers, and victim advocates on several issues related to family violence and sexual violence, including stalking and harassment, Andersen said.
“As a result, phase one of a three-year work programme to improve outcomes for victims has progressed, with a bill being introduced shortly on the relevance of consent for child victims and barriers to lifting automatic name suppression.
“The work relating to stalking and harassment required further review and consideration. Later this year I am expecting advice on the next possible phase of policy work on family violence and sexual violence, which I anticipate will include stalking and harassment.”
Towns earlier said this was just the type of case that a criminal stalking law, alongside full education and training of the police, would have potentially prevented.
Towns, who is a gender-based violence specialist, said stalking was associated with homicide and it should be considered to be an extremely serious offence.
“Police in the UK who have ignored stalking behaviour, despite complaints from the victim, and when the victim has subsequently been killed, have been charged with negligence and sacked. The same should be happening here.”
She told the Herald most other countries in the developed world have a criminal stalking law, and while a person can be charged with criminal harassment under the New Zealand Harassment Act, this rarely occurs.
“The most at-risk women are those women who are stalked by ex-partners or by those who consider themselves entitled to have a relationship with that woman when she is not, or is no longer, interested. When the police act on stalking, they can potentially prevent a homicide.”
What might appear to some to be trivial intrusions into the women’s life, if persistent, unwanted and unrelenting, can be extremely dangerous, she said.
“Victims of stalking are often good predictors of their own safety, and there may be [many] more incidents of the stalking than she reports. Stalking causes extreme harm to victims, who commonly feel that they cannot go about their daily lives safely.”
Over time, she said, their sleep, mental health, ability to work and attend education became eroded.
“If the woman has children, her children are also affected. Victims and their children commonly do not feel safe in their own homes.”
Towns said New Zealand needs a criminal stalking law and the police and judiciary need to be educated with regard to stalking.
“Politicians need to know that while they dither, we will continue to see more deaths of women through homicide following stalking.”
The Herald on Sunday earlier revealed the Independent Police Conduct Authority (IPCA) was investigating whether there could have been improvements in the police response.
Acting Detective Inspector Tim Williams earlier told the Herald on Sunday that in the early stages of the investigation, staff became aware of recent contact Yaqubi had with police.
In late October 2022, Yaqubi filed an online report with police about “harassing behaviour”, Williams said.
“Farzana was advised to attend a police station to provide further information so the matter could be considered for further action, which was carried out in early December 2022.
“Police were progressing this matter further when Farzana was senselessly murdered.”
Police referred the matter to the IPCA to explore “whether there could have been improvements in the police response”, Williams said.
“Police will await the findings of this independent review so that any findings can be considered further.
“While nothing can bring her back, the guilty plea, in this case, will spare the family this matter going to a jury trial,” Williams said.
“Police continue to support Farzana’s family as they move forward with their lives.”
If you are in immediate danger dial 111 and ask for the police
Women’s Refuge National Helpline - Crisisline: 0800 REFUGE / 0800 733 843
shine* Domestic Abuse Helpline: 0508 744 633
Shakti 24-hour crisis line with multi-lingual staff: 0800 SHAKTI / 0800 742 584
Rape Crisis: National Call Line: 0800 88 33 00
Safe to talk - Kōrero mai ka ora24/7 Sexual harm helpline: 0800 044 334 or text 4334
Elder Abuse Response Service National Helpline: 0800 EA NOT OK / 0800 32 668 65
Hey Bro helpline: 0800 HeyBro / 0800 439 276 - supporting men to be free from violence
Family Violence Information Line: 0800 456 450 (available 9.00am -11.00pm daily)
Sam Sherwood is a Christchurch-based reporter who covers crime. He is a senior journalist who joined the Herald in 2022, and has worked as a journalist for 10 years.
Inflation is the top issue for Kiwis and they think Labour is best to keep prices down.