Our vision is an Aotearoa where all of us can happily and confidently go about our lives, free from fear caused by stalking.

The Crimes Legislation (Stalking and Harassment) Amendment Bill is currently before the Justice Select Committee. This is a new law meant to keep people safer from stalking, but is not yet as supportive of victims and community as it should be.

MAKE A SUBMISSION

 

Te Wāhi Wāhine o Tāmaki Makaurau the Auckland Women's Centre, have created resources to support people to make submissions on the Bill and highlight areas for improvement. Together we are encouraging people – and especially people with lived experience of stalking – to inform the bill, if doing so feels safe and comfortable:

Why does this matter? 

Right now in Aotearoa, stalking is not a criminal offence. Some behaviours that we understand as stalking are illegal per the Crimes Act, Trespass Act, and Harassment Act, but there is nothing in our law that deals with stalking directly. The Government has finally introduced a Bill – the Crimes Legislation (Stalking and Harassment) Amendment Bill – that would make stalking a crime.

Among other things, the Bill: defines stalking, creates a list of acts that could amount to stalking, allows Police to notify a person after one act that their behaviour could be harmful, and allows for up to five years imprisonment. The Bill is a step in the right direction, but it needs some changes to make sure it does what it’s meant to - keep all of us and our whānau safe.

 

MAKE A SUBMISSION

 

Your submission on the Bill can be as long or as short as you want. If you, your whānau, or friends have personal experience of stalking you are welcome to draw from this to inform your submission. It is really important for the Committee to hear from people with lived experience, so they understand the harms of stalking and the implications of this legislation. If it is not safe or you are not comfortable sharing personal experience, kei te pai, there is no expectation that you do that. The Parliamentary Submission page links to an anonymous survey that you can complete instead of the public submission.

Key things the Bill does

Defines stalking:

  • Stalking is proposed as three or more specified acts directed towards a person within a 12-month period, where the perpetrator knows their behaviour is likely to cause fear or distress
  • This definition needs changing. It would fail to capture stalking that occurs over extended time periods and by those who do not know their behaviour is harmful.

Lists actions that could amount to stalking:

  • Watching, following, loitering near, or obstructing; recording or tracking; contacting or communicating with; damaging or interfering with taonga or property; undermining reputation, opportunities, or relationships; and acting in a way that would case fear or distress to a reasonable person
  • This definition captures the main areas of stalking (surveillance, following, unwanted contact, life sabotage, taonga/property damage, and any distressing or frightening acts), includes stalking done both directly and indirectly, and would not require a victim to disclose or prove their distress. We support this definition.

Enables the justice system to respond to stalking:

  • Police may notify a person after one or more acts that their behaviour may cause fear or distress and could amount to stalking
  • Notification about behaviour is an intervention tactic that can stop offending and keep people safe, and we support this response
  • People guilty of stalking can be imprisoned for up to five years
  • The lack of inclusion of rehabilitation or psychological support for offenders is a concern. Prevention must involve people having access to support to understand and change their behaviour.

Below is a basic structure your submission could follow. We recommend putting this in your own words and making it your own.

  • An acknowledgement that a Bill to criminalise stalking is welcome, but that it needs some changes to be fit for purpose
    • e.g., “I support the introduction and intent of this Bill. We urgently need to take action to prevent stalking and support victims. I agree with some aspects of the Bill, and think that other parts need changing in order for it to have the most benefit.”
    • Here you could also talk about why you are submitting and why this Bill is important to you
      • e.g., “Making sure the Government gets this Bill right is important to me because when my boyfriend and I broke up, I was stalked by him and was too scared to be at home by myself. The Police said they had no power to do anything because his actions were not covered by any laws, and they didn’t take my fear seriously anyway. I wish something could have been done about his behaviour, and someone would have tried to get him to stop.”
  • A comment about what you like in the Bill
    • e.g., “The proposed list of acts that can amount to stalking, the inclusion of direct and indirect stalking, not requiring the victim to prove distress, enabling the Police to warn a person after one act, and prohibiting stalkers from owning a gun are all good things the Bill does.”
    • Here you could also talk about why you like these things and how you think they will keep you or others safe etc.
      • e.g., "If the Police had been able to give a formal notice to my stalker from the start, I would have felt like the officers were on my side and took me seriously, and maybe my stalker would have understood the harm she was doing sooner and stopped her behaviour.”
  • A comment about what you don’t like in the Bill and why
    • e.g., “Although it does some good things, I have concerns that the Bill will fail to keep people safe in the way it intends to."
      • "I am most concerned with two aspects of the Bill: the definition of stalking stating there must be three acts in a 12-month period with the person knowing their behaviour could cause fear, and that there is nothing included about rehabilitation for stalkers."
      • "Only capturing three acts within a 12-months period will create a loophole in which stalking will still be possible and leave people at risk. Only capturing incidences where a person knows their behaviour could cause fear may exclude stalking by disabled people or people with mental illness. Not including any provisions for rehabilitation, such as non-violence programmes and psychological support, fails to recognise that to prevent violence, perpetrators must have support to understand and change their behaviour.”
  • Recommendations for changes you want the select committee to make
    • e.g., “I recommend the select committee make the following changes"
      • "Change the definition of stalking to two acts, or one or more acts, with no time restriction"
      • "Change the requirement for a stalker “knowing” their acts are likely to cause fear or distress, to “know or ought to know” "
      • "Add mandatory consideration of stalker rehabilitation and behaviour change support once a person has come to the attention of Police and/or the Courts, including at the point a person is notified by Police."
MAKE A SUBMISSION