What is stalking and what will the new stalking law do?

At long last, New Zealand has a law that defines stalking as a crime. Being stalked by a partner or ex-partner can be terrifying, distressing and frustrating. Very often it is done following a history of intimate partner violence, often when the person who experiences the violence attempts to separate. Stalking is a way to continue to try to control that person through fear and intimidation.

The new amendment to the Crimes Act states that stalking is a crime when there have been two ‘specified acts’ of stalking within a two-year period, if the stalker knows their behaviour is causing, or is likely to cause, fear or distress. This is regardless of who is targeted, whether that person is an intimate partner, ex-partner, co-worker, acquaintance, well-known politician, celebrity or complete stranger.

Offenders convicted of this crime may be imprisoned for up to five years and will not be allowed to hold a firearms license for ten years, demonstrating that the law considers this a serious crime. By comparison, the crime of assault with intent to injure may result in up to three years of imprisonment.  

The new law recognises a wide range of ‘specified acts’ that are commonly part of a pattern of stalking, and is worded broadly enough to capture the range of acts that stalkers use now, or may use in the future, to cause fear and distress:

• Watching, following, loitering near, or obstructing the person being targeted
• Recording or tracking that person
• Contacting or communicating with that person
• Damaging, devaluing, moving, entering, or interfering with taonga or property (including pets) that person has an interest in
• Damaging or undermining that person’s reputation, opportunities or relationships
• Publishing any statement or other material relating to, or pretending to relate to that person, or pretending to come from that person
• Acting in any way that would cause fear or distress to a reasonable person
• Any act above done directly or indirectly to someone in a family relationship with that person if the act is done at least partly because of that relationship
• Any act above done to that person through another person or organization, with or without their knowledge
• Any act above done by or through any means whatsoever, e.g. tracking devices, digital applications, spyware, drones, or use of AI

We are pleased that the law specifically recognises a number of acts that are often not recognised as part of a pattern of stalking. We know that intimate (ex) partners have access to deeply personal information, and may have personal photos, videos, or information they can use to destroy someone’s reputation, e.g. by doxxing. They are also likely to know how to manipulate other people and organisations into acting on their behalf, for example by getting others to find out and report on the location or movements of the person they’re stalking or unwittingly pass along messages with hidden meaning to that person.

The new law will also expand the definition of psychological abuse under the Family Violence Act 2018 to include stalking. We hope that this will support a better understanding of stalking as part of a pattern of family violence intended to coerce or control someone, and therefore support granting protection orders when there has been stalking within a family relationship (as defined by the Family Violence Act to include intimate partners, family members, flatmates or any close, personal relationship). 

The new law gives police the right to warn a stalker after the first act of stalking, so that if there are any further stalking acts, there can be no doubt they know their behaviour was likely to cause fear or distress. Unfortunately, the law does not require police to consult with victims before issuing a stalking warning, so while it is not a guarantee, if you believe a police warning will increase your risk, make sure to let police know this. 

If there are other ways to prove the stalker’s intent to cause fear or distress, the police should not need to give the stalker a warning. In many cases where stalking follows on from a pattern of family violence, there may have been threats or other behaviour recorded that should be enough to demonstrate this intent. 

Specialist training for police and other criminal justice system professionals will be critical to ensure that criminal stalking is consistently recognised and responded to safely and appropriately. This is especially important when men stalk intimate (ex-) partners, as this is more likely to be minimized or ignored by police and others. According to Women’s Refuge research, men stalking intimate partners or former partners is often seen by others as done out of love or ‘romantic,’ and thus justified as acceptable or at least more acceptable (Thorburn, 2019). This comes from deep-seated and harmful beliefs and attitudes in society about gender and relationships.

Read What you can do if you are being stalked.