Stalking to become illegal, punishable by up to five years’ jail

Patterns of behaviours will be captured in the new offence, including the use of modern technology in modern stalking methods. Photo / 123rf

The Government is planning to make stalking illegal, with offenders facing a maximum jail term of five years.

Justice Minister Paul Goldsmith said legislation would be introduced this year and stalking would be defined through patterns of behaviour occurring over a 12-month period. An offender must committ three specified acts in that timeframe to be charged.

“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,” Goldsmith said.

“It will provide a list of behaviours that may amount to stalking and harassment, including damaging reputation, recording, or tracking and following or loitering as well as the use of technology in modern stalking methods.”

Four other amendments will also be made to support the new offence:

• Allowing courts to make restraining orders and orders in relation to harmful digital communications, when sentencing for the new offence.
• Adding at sentencing two new stalking-related aggravating factors. These factors recognise the particular harms associated with stalking behaviours and offending against a person who has a restraining order against the offender.
• That a stalking and harassment conviction disqualifies the offender from holding a firearms licence.
• Clarifying that the definition of psychological violence in the Family Violence Act includes stalking. This provides better recognition of the harms associated with stalking for those in a family relationship with their stalker.

“Every New Zealander deserves to feel safe in their community and this Government is committed to making sure victims are at the heart of the justice system,” Goldsmith said.

The offence will have a maximum penalty of five years’ imprisonment.

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

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