New legislation introduced to address stalking, add penalties and safeguards for victims

The proposed law would establish stalking as illegal with a prison sentence of up to five years

New legislation introduced to address stalking, add penalties and safeguards for victims

The New Zealand Government has announced plans to make stalking a criminal offence, with a new law set to be introduced later this year.  

Justice Minister Paul Goldsmith confirmed that the proposed legislation would establish stalking as an illegal act with a maximum prison sentence of up to five years. "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.  

In a statement, Goldsmith noted that the new stalking offence aims to strengthen protections and contribute to restoring law and order, as outlined in the government’s Q4 Action Plan. 

The new legislation is intended to capture specific patterns of behaviour, defining stalking as three or more specified acts within a 12-month period. These acts include damaging someone’s reputation, following or loitering near them, recording or tracking them, and other behaviours often linked to stalking and harassment. The legislation will also address the use of digital technology in stalking, acknowledging modern stalking tactics. 

In addition to the primary offence, the government plans to introduce four amendments to support the new law. First, courts will be given the authority to issue restraining orders and harmful digital communication orders when sentencing offenders convicted under the new stalking law. This measure is aimed at providing victims with immediate relief from further harassment. 

Second, the legislation will add two new stalking-related aggravating factors that can influence sentencing. These factors acknowledge the specific psychological harm that stalking often causes, particularly when the offense is committed against someone who already has a restraining order against the offender. 

A third amendment would automatically disqualify those convicted of stalking from holding a firearms license. This provision aims to prevent any escalation of harm by limiting access to firearms for individuals convicted of stalking-related crimes. 

Finally, the new law will clarify the definition of psychological violence in the Family Violence Act to explicitly include stalking. This addition acknowledges the unique threat stalking poses within family relationships, providing clearer recognition and protection for individuals experiencing this form of abuse from a family member. 

The proposed legislation is part of the government’s broader goal to reduce serious violent crime in New Zealand, with a target of 20,000 fewer victims by 2029.  The legislation is expected to move quickly through Parliament once introduced, as part of a larger strategy to prioritize victim-centred justice reform.