Paul Goldsmith says stalkers have been able to harm their victims "for far too long". Photo: RNZ / Mark Papalii
Legislation to make stalking a specific criminal offence has passed its third reading in Parliament.
The legislation amends the Crimes Act to make stalking and harassment punishable by up to five years in prison.
Justice minister Paul Goldsmith said stalking was "insidious behaviour" and the legislation was long overdue.
"For far too long, stalkers have been able to harm their victims through unwanted, persistent and repetitive intrusions into their lives, causing serious emotional, psychological and economic harm, without facing legal consequences," he said.
For the purposes of the bill, stalking is defined as a pattern of behaviour which the offender knows is likely to cause the victim fear or distress.
The pattern is represented by two specified acts within a two-year period, which are broad.
Goldsmith said the bill was drafted with a "wide net" to be clear that a wide range of behaviours can be stalking and harassment.
They include behaviours such as watching and following another person, unwanted communication, and damaging another's reputation and relationships.
"Anybody can be a victim of stalking and harassment. However, women are greatly over-represented as victims by the deluded, the sexist, and the abusive. Even worse, their children are frequently exploited to surveil victims, pass on threats, or even be threatened themselves," Goldsmith said.
The legislation passed late on Wednesday night.
It was one of many bills the government has been progressing under urgency this week.
An amendment adopted during the Committee of the Whole House stage means police must inform victims before they serve a notice to perpetrators.
Green Party MP Tamatha Paul, who proposed the amendment, said it would better protect victims of stalking and harassment, and was proud to see the government agree to it.
"Survivors and advocates told us that they were worried that when Police notify the perpetrator that they are breaking the law, that the victim would not be notified and that the victim could be retaliated against," she said.
"It's not every day that we can work alongside government parties to make history, but yesterday we did - and for no worthier cause than for the prevention of violence, stalking and harassment."
During the debate, Goldsmith said the amendment was not strictly necessary, as police operational guidelines already required staff to consult with victims when decisions were made to issue warnings or other notices.
But he said the government was prepared to accept the amendment.
Leonie Morris, project lead for Aotearoa Free From Stalking, told Midday Report it had been a long journey to get the legislation over the line.
She said people had advocated for the law change for a long time, but it took the murder of Farzana Yaqubi to give the matter impetus, and focus people's attention on how harmful stalking is.
Morris said such a law would "absolutely" have prevented applied to Yaqubi's circumstances.
"When she went to the police, they minimised what happened to her. They didn't hear, even though she was saying that she was frightened, that she might be hurt, that she might be killed, they did not take her seriously. And many women had said to us that to date, the police do not take stalking seriously."
Morris wanted to see government support for specialist stalking advisers.
"If we have these advocates, they could help the victim through the process of engaging with the police and ensure that the police take the victims concerns seriously."
The bill will come into force in May 2026.
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