Four political parties have pledged to strengthen legal protections against stalking and harassment, following the murder of promising AUT student Farzana Yaqubi.
Last week Prime Minister Chris Hipkins announced Labour was looking to “strengthen legal protections” against stalking and harassment, including consideration of adding an offence of stalking to the Crimes Act.
“We need to modernise our stalking and harassment laws and bring them into line with overseas jurisdictions,” Hipkins said.
Adding an offence of stalking to the Crimes Act, if aligned with laws in Australia and the United Kingdom, could entail a penalty of between 12 months’ to three years’ imprisonment, with stronger penalties if the person has possession of a weapon, for those who engage in behaviour of stalking a victim, loiters near the person’s place of residence or work with intent to intimidate, Hipkins said.
Farzana Yaqubi was killed in Massey last year.
The announcement came following calls from advocates for the criminalisation of stalking following Yaqubi’s murder.
Yaqubi, 21, was murdered in December last year by Kanwarpal Singh, who last month was sentenced to 17 years in prison after pleading guilty to murder.
The Herald on Sunday earlier revealed that she had gone to police with concerns she was being harassed two months before she was murdered.
On Thursday, the Coalition for the Safety of Woman and Children announced that four political parties had pledged to the coalition to introduce stronger stalking laws, releasing letters from the parties.
Justice Minister Ginny Andersen said in a letter to the coalition that stalking was “extremely serious behaviour”.
“It is a complex area of the law and it’s incredibly important any reform is fit for purpose.”
She said Justice officials had consulted with academics, specialist-service providers, and victim advocates on several issues related to family violence and sexual violence, including stalking and harassment.
Andersen said Labour would, if re-elected, “strengthen legal protections” against stalking and harassment.
“We need to modernise our stalking and harassment laws and bring them into line with overseas jurisdictions. We will work with victim advocacy groups and legal experts as we progress these changes.”
National responded in an email to the coalition saying the party “supports the inclusion of stalking as a crime within the Crimes Act 1961″.
Green Party co-leader Marama Davidson told the coalition the party was “strongly in support” of the call to ensure that stalking, alongside harassment, was “properly addressed in our legislative framework”.
Kanwarpal Singh. Photo / Jason Oxenham
“This reform should ensure that stalking behaviours are fully captured by name and conduct in our law, and that sufficient court-ordered protections are in place to protect victims of stalking and harassment, and promote behaviour change amongst perpetrators.
“Any reform should be led by the existing work of the specialist sector as well as the voices of victim-survivors, tangata whenua and our communities.”
Davidson said any legislative changes should be accompanied by appropriate training for professionals including police and public education regarding what amounts to stalking.
The Opportunities Party had also pledged to introduce a new offence for stalking to provide “clearer guidance for police investigating criminal harassment”.
Coalition coordinator Leonie Morris told the Herald the current legislation was “fragmented, piecemeal, outdated and poorly understood”.
The coalition was “thrilled” four parties had promised to strengthen legal protections against stalking.
“Stronger legislation will help victims, police and communities recognise real harm is caused through repetitive patterns of stalking behaviour.”
Stalking was a “red flag for severe and fatal violence”, Morris said.
The coalition and Anti-Violence Action (AVA), two groups coordinated by Auckland Women’s Centre, would “hold the parties accountable to their pledges”, Morris said.
AVA spokeswoman Danni Wilkinson said stalking law reform was first on the newly-formed activist group’s agenda.
A new law must emphasise police training so officers can recognise stalking harms and take action to stop dangerous stalkers, she said.
‘This is not frivolous legislation’
One advocate, clinical psychologist Dr Alison Towns, earlier told the Herald she was “pleased” Labour was continuing to “consider” a staking law, but said action needed to happen now.
“The Government just needs to get on with introducing a standalone stalking law, because while they continue to dither women are losing their lives.
“Many others are seriously assaulted and have their basic freedoms curtailed by stalking: they find it hard to move around the community, to feel safe in their own homes, to go to work and their education courses safely and to sleep.
“This is not frivolous legislation, but legislation that would markedly impact on many women and others and potentially save lives. It would future-proof our law and update our dated legislation.”
Towns, a gender-based violence specialist, said there were “very good models” of what such a law would look like.
Where to get help:
If you are in immediate danger dial 111 and ask for the police
Women’s Refuge National Helpline - Crisisline: 0800 REFUGE / 0800 733 843
shine* Domestic Abuse Helpline: 0508 744 633
Shakti 24-hour crisis line with multi-lingual staff: 0800 SHAKTI / 0800 742 584
Rape Crisis: National Call Line: 0800 88 33 00
Safe to talk - Kōrero mai ka ora24/7 Sexual harm helpline: 0800 044 334 or text 4334
Elder Abuse Response Service National Helpline: 0800 EA NOT OK / 0800 32 668 65
Hey Bro helpline: 0800 HeyBro / 0800 439 276 - supporting men to be free from violence
Family Violence Information Line: 0800 456 450 (available 9.00am -11.00pm daily)
Sam Sherwood is a Christchurch-based reporter who covers crime. He is a senior journalist who joined the Herald in 2022, and has worked as a journalist for 10 years.
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