Stalking behaviour can be hard to recognise, can escalate quickly, and can pose a threat of serious harm to victims. Current criminal justice settings do not adequately respond to stalking. This Bill will address stalking in New Zealand by introducing a new stalking and harassment offence and other supporting amendments to ensure that the harm victims experience is recognised and offenders are prosecuted effectively. These amendments will ensure fair labelling of stalking and enable more effective criminal justice responses to stalking and harassment.

To achieve its objectives, the Bill amends—

the Crimes Act 1961 to create a stalking and harassment offence:
the Harassment Act 1997 to remove references to the existing criminal harassment offence under that Act:
the Sentencing Act 2002—
- to allow restraining orders under the Harassment Act 1997 and orders under the Harmful Digital Communications Act 2015 to be made at sentencing when sentencing a person convicted of the new offence; and
- to introduce new aggravating factors that recognise the unique circumstances associated with stalking and breaching a restraining order:
the Family Violence Act 2018 to expand the definition of psychological abuse to include stalking:
the Arms Act 1983 to disqualify persons convicted of stalking in the previous 10 years from holding a firearms licence:
the Evidence Act 2006 to prevent self-represented defendants charged with the new offence from being able to personally cross-examine alleged victims.

Departmental disclosure statement

The Ministry of Justice is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2024&no=107

Regulatory impact statement

The Ministry of Justice produced a regulatory impact statement on 25 September 2024 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.

A copy of this regulatory impact statement can be found at—

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause, which provides that the Bill will come into force 6 months after Royal assent.

Part 1Amendments to Crimes Act 1961

Clause 3 provides that Part 1 amends the Crimes Act 1961.

Clause 4 inserts a new cross-heading and new sections 216O to 216Q into Part 9A of the Crimes Act 1961 (which deals with crimes against personal privacy). The new sections deal with a new offence of stalking and harassment.

New section 216O sets out a definition of stalking and harassment. A person (person A) stalks and harasses another person (person B) if person A engages in a pattern of behaviour directed at person B that includes doing at least 3 specified acts to person B in a 12-month period, knowing that their behaviour is likely to cause fear or distress to person B. The specified acts may be the same type of specified act on each separate occasion, or different types of specified acts.

New section 216O also provides for the Police to notify person A, if they believe on reasonable grounds that person A has engaged in 1 or more specified acts towards person B, that—

any specified act done to person B is causing, or is likely to cause, fear or distress to person B; and
repeating those specified acts or engaging in any other specified act towards person B may amount to a pattern of behaviour that is an offence.

If person A receives such a notice, they are presumed to know that any specified acts they do to person B after receiving the notice may amount to a pattern of behaviour directed at person B, and that the pattern is likely to cause fear or distress to person B. This presumption may be rebutted in proceedings.

New section 216P sets out the types of behaviour that constitute a specified act by person A towards person B. Those acts are—

watching, following, loitering near, or obstructing person B:
recording or tracking person B:
contacting or communicating with person B:
damaging, devaluing, moving, entering, or interfering with taonga or property (including pets) that person B has an interest in, whether or not person A has an interest in that taonga or property:
damaging or undermining person B’s reputation, opportunities, or relationships:
acting in any way that would cause fear or distress to a reasonable person.

The acts include an act done directly or indirectly to—

any third-party individual who is in a family relationship with person B (within the meaning of section 12 of the Family Violence Act 2018), if the act is done wholly or partly because of person B’s family relationship with that third party; or
person B through any third-party individual, institution, or organisation, with or without the knowledge of that third party.

A specified act may be done by or through any means (for example, tracking devices, digital applications, spyware, drones, or the use of artificial intelligence_.

New section 216Q is a new offence of stalking and harassment. Person A is liable to imprisonment for a term not exceeding 5 years if they stalk and harass person B. However, it is a defence to a charge under new section 216Q if person A proves that they engaged in their behaviour for a lawful purpose, with a reasonable excuse, or in the public interest.

Part 2Amendments to other Acts

Subpart 1—Amendment to Arms Act 1983

Clause 5 provides that subpart 1 amends the Arms Act 1983.

Clause 6 amends section 22H of that Act to provide that a person who has, within the previous 10 years, been convicted, or been released from custody after being convicted, of an offence under new section 216Q of the Crimes Act 1961 is disqualified from holding a firearms licence.

Subpart 2—Amendments to Evidence Act 2006

Clause 7 provides that subpart 2 amends the Evidence Act 2006.

Clause 8 inserts a definition of stalking and harassment into section 4 of that Act.

Clause 9 amends section 95 of that Act to provide that a defendant in or a party to a criminal proceeding concerning stalking and harassment is not entitled to personally cross-examine—

a complainant; or
any other witness who has made an allegation against that defendant or party; or
a child who is a witness, unless the Judge gives permission.

Subpart 3—Amendments to Family Violence Act 2018

Clause 10 provides that subpart 3 amends the Family Violence Act 2018.

Clause 11 amends section 11 of that Act to insert references to stalking and harassment and new section 216P of the Crimes Act 1961 into the definition of psychological abuse.

Subpart 4—Amendments to Harassment Act 1997

Clause 12 provides that subpart 4 amends the Harassment Act 1997.

Clauses 13 to 20 amend that Act to remove the existing offence of criminal harassment (which has been amended and moved to new sections 216O to 216Q of the Crimes Act 1961) and all other references to criminal harassment.

Subpart 5—Amendment to Private Security Personnel and Private Investigators Act 2010

Clause 21 provides that subpart 5 amends the Private Security Personnel and Private Investigators Act 2010.

Clause 22 makes consequential amendments to section 62 of that Act.

Subpart 6—Amendments to Sentencing Act 2002

Clause 23 provides that subpart 6 amends the Sentencing Act 2002 (the principal Act).

Clause 24 inserts 2 new aggravating factors into section 9 of the principal Act, which are—

that the offence was committed while the offender was subject to a restraining order under the Harassment Act 1997 in favour of the victim of the offence:
that the offender’s behaviour towards the victim other than the offence involved persistent or repetitive behaviour over a prolonged duration that caused, or was likely to cause, fear or distress to the victim.

Clause 25 inserts new sections 123I and 123J (and cross-headings) into the principal Act.

New section 123I provides that the court may make a restraining order under the Harassment Act 1997 for the protection of the victim of an offence if the offender is convicted of an offence against new section 216Q of the Crimes Act 1961 and the court is satisfied that the grounds in section 16(1) of the Harassment Act 1997 have been met. The court may, at sentencing, make a restraining order under new section 123I in addition to imposing an sentence or making any other order.

New section 123J provides that the court may make 1 or more orders under section 19(1) of the Harmful Digital Communications Act 2015 for the protection of the victim of an offence if the offender is convicted of an offence against new section 216Q of the Crimes Act 1961. Before doing so, the court must take into account the matters listed in section 19(5) of the Harmful Digital Communications Act 2015. The court may, at sentencing, make an order under new section 123J in addition to imposing a sentence or making any other order.

Subpart 7—Amendment to Criminal Procedure (Transfer of Information) Regulations 2013

Clause 26 provides that subpart 7 amends the Criminal Procedure (Transfer of Information) Regulations 2013.

Clause 27 makes a consequential amendment to regulation 3(1) of those regulations.

Hon Paul Goldsmith

Crimes Legislation (Stalking and Harassment) Amendment Bill

Government Bill

107—1

	Explanatory note
1	Title
2	Commencement
	Part 1 Amendments to Crimes Act 1961
3	Principal Act
4	New sections 216O to 216Q and cross-heading inserted
		Stalking and harassment
	216O	Stalking and harassment defined
	216P	Meaning of specified act
	216Q	Stalking and harassment
	Part 2 Amendments to other enactments
	Subpart 1—Amendment to Arms Act 1983
5	Principal Act
6	Section 22H amended (Persons disqualified from holding firearms licence)
	Subpart 2—Amendments to Evidence Act 2006
7	Principal Act
8	Section 4 amended (Interpretation)
9	Section 95 amended (Restrictions on cross-examination by parties in person)
	Subpart 3—Amendments to Family Violence Act 2018
10	Principal Act
11	Section 11 amended (Meaning of psychological abuse)
	Subpart 4—Amendments to Harassment Act 1997
12	Principal Act
13	Long Title amended
14	Section 6 amended (Object)
15	Part 2 repealed
16	Section 26 amended (Power to require person to supply name and address)
17	Section 29 amended (Standard of proof)
18	Section 30 amended (Admission of evidence)
19	Section 32 amended (Vexatious proceedings)
20	Section 42 amended (Rules of court)
	Subpart 5—Amendments to Private Security Personnel and Private Investigators Act 2010
21	Principal Act
22	Section 62 amended (Grounds of disqualification for individual applicant)
	Subpart 6—Amendments to Sentencing Act 2002
23	Principal Act
24	Section 9 amended (Aggravating and mitigating factors)
25	New sections 123I and 123J and cross-headings inserted
		Restraining orders under Harassment Act 1997
	123I	Restraining orders under Harassment Act 1997
		Orders under Harmful Digital Communications Act 2015
	123J	Orders under Harmful Digital Communications Act 2015
	Subpart 7—Amendment to Criminal Procedure (Transfer of Information) Regulations 2013
26	Principal regulations
27	Regulation 3 amended (Interpretation)

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Crimes Legislation (Stalking and Harassment) Amendment Act 2024.

2 Commencement

This Act comes into force 6 months after Royal assent.

Part 1 Amendments to Crimes Act 1961

3 Principal Act

This Part amends the Crimes Act 1961.

4 New sections 216O to 216Q and cross-heading inserted

After section 216N, insert:

Stalking and harassment

216O Stalking and harassment defined

(1)

For the purposes of section 216Q, a person (person A) stalks and harasses another person (person B) if person A—

(a)

engages in a pattern of behaviour that is directed at person B by doing any specified act to person B on at least 3 separate occasions within a period of 12 months; and

(b)

engages in that pattern of behaviour knowing that it is likely to cause fear or distress to person B.

(2)

To avoid doubt, the specified acts may be the same type of specified act on each separate occasion, or different types of specified acts.

(3)

A constable may, if they believe on reasonable grounds that person A has engaged in 1 or more specified acts towards person B and that those acts have caused, or are likely to cause, fear or distress to person B, notify person A in writing that—

(a)

the specified act or specified acts done to person B are causing, or are likely to cause, fear or distress to person B; and

(b)

engaging in any other specified act towards person B may amount to an offence under section 216Q of this Act.

(4)

For the purposes of subsection (1)(b), if person A has received a notice in writing under subsection (3), person A is presumed to know that—

(a)

any specified acts they do to person B after receiving the notice may amount to a pattern of behaviour directed at person B; and

(b)

that pattern of behaviour is likely to cause fear or distress to person B.

216P Meaning of specified act

(1)

For the purposes of sections 216O, specified act by a person (person A), in relation to another person (person B),—

(a)

means any of the following acts:

(i)

watching, following, loitering near, or obstructing person B:

(ii)

recording or tracking person B:

(iii)

contacting or communicating with person B:

(iv)

damaging, devaluing, moving, entering, or interfering with taonga or property (including pets) that person B has an interest in, whether or not person A has an interest in the taonga or property:

(v)

damaging or undermining person B’s reputation, opportunities, or relationships:

(vi)

acting in any way that would cause fear or distress to a reasonable person.

(b)

includes an act of the kind listed in paragraph (a) done directly or indirectly to—

(i)

any third-party individual who is in a family relationship with person B (within the meaning of section 12 of the Family Violence Act 2018), if the act is done wholly or partly because of person B’s family relationship with the third party; or

(ii)

person B through any third-party individual, institution, or organisation, with or without the knowledge of the third party.

(2)

A specified act may be done by or through any means whatsoever (for example, tracking devices, digital applications, spyware, drones, or the use of artificial intelligence).

216Q Stalking and harassment

(1)

A person (person A) who stalks and harasses another person (person B) commits an offence and is liable to imprisonment for a term not exceeding 5 years.

(2)

It is a defence to a charge under subsection (1) if person A proves that they engaged in their behaviour—

(a)

for a lawful purpose; or

(b)

with a reasonable excuse; or

(c)

in the public interest.

Part 2 Amendments to other enactments

Subpart 1—Amendment to Arms Act 1983

5 Principal Act

This subpart amends the Arms Act 1983.

6 Section 22H amended (Persons disqualified from holding firearms licence)

In section 22H(a)(iii), after “202C,”, insert “216Q,”.

Subpart 2—Amendments to Evidence Act 2006

7 Principal Act

This subpart amends the Evidence Act 2006.

8 Section 4 amended (Interpretation)

In section 4(1), insert in its appropriate alphabetical order:

stalking and harassment means an offence against section 216Q of the Crimes Act 1961

9 Section 95 amended (Restrictions on cross-examination by parties in person)

(1)

In section 95(1), replace “or harassment” with “, stalking and harassment, or harassment”.

(2)

In section 95(1)(b)(i), replace “or harassment” with “, or of an offence of stalking and harassment”.

Subpart 3—Amendments to Family Violence Act 2018

10 Principal Act

This subpart amends the Family Violence Act 2018.

11 Section 11 amended (Meaning of psychological abuse)

(1)

In section 11(1)(b), replace “intimidation or harassment” with “intimidation, harassment, or stalking” in each place.

(2)

After section 11(1)(b)(i), insert:

(ia)

any of the specified acts listed in section 216P of the Crimes Act 1961:

Subpart 4—Amendments to Harassment Act 1997

12 Principal Act

This subpart amends the Harassment Act 1997.

13 Long Title amended

In the Long Title, delete “criminal and”.

14 Section 6 amended (Object)

(1)

Repeal section 6(2)(a).

(2)

In section 6(2)(c), delete “criminal and”.

15 Part 2 repealed

Repeal Part 2.

16 Section 26 amended (Power to require person to supply name and address)

Repeal section 26(2).

17 Section 29 amended (Standard of proof)

In section 29, delete “(other than criminal proceedings)”.

18 Section 30 amended (Admission of evidence)

In section 30, delete “(other than criminal proceedings)”.

19 Section 32 amended (Vexatious proceedings)

Repeal section 32(4).

20 Section 42 amended (Rules of court)

In section 42(2)(g), delete “or between courts exercising civil jurisdiction and courts exercising criminal jurisdiction,”.

Subpart 5—Amendments to Private Security Personnel and Private Investigators Act 2010

21 Principal Act

This subpart amends the Private Security Personnel and Private Investigators Act 2010.

22 Section 62 amended (Grounds of disqualification for individual applicant)

(1)

In section 62(f)(ii), after “216J”, insert “or 216Q”.

(2)

In section 62(f)(iv), delete “8 or”.

Subpart 6—Amendments to Sentencing Act 2002

23 Principal Act

This Part amends the Sentencing Act 2002.

24 Section 9 amended (Aggravating and mitigating factors)

(1)

After section 9(1)(ca), insert:

(cb)

that the offence was committed while the offender was subject to a restraining order under the Harassment Act 1997 for the protection of the victim of the offence:

(2)

After section 9(1)(g), insert:

(ga)

that the offender’s behaviour towards the victim, other than the offender’s behaviour resulting in the offence, involved persistent or repetitive behaviour over a prolonged duration that caused, or was likely to cause, fear or distress to the victim:

25 New sections 123I and 123J and cross-headings inserted

After section 123H, insert:

Restraining orders under Harassment Act 1997

123I Restraining orders under Harassment Act 1997

(1)

This section applies if—

(a)

an offender is convicted of an offence against section 216Q of the Crimes Act 1961; and

(b)

there is not currently in force a restraining order against the offender made under Part 3 of the Harassment Act 1997 for the protection of the victim of the offence.

(2)

The court may make a restraining order against the offender if satisfied that the grounds in section 16(1) of the Harassment Act 1997 have been met.

(3)

The court may make a restraining order under this section in addition to imposing a sentence or making any other order.

Orders under Harmful Digital Communications Act 2015

123J Orders under Harmful Digital Communications Act 2015

(1)

This section applies if an offender is convicted of an offence against section 216Q of the Crimes Act 1961.

(2)

If the offence involves digital communication (within the meaning of section 4 of the Harmful Digital Communications Act 2015), the court may make 1 or more orders under section 19(1) of the Harmful Digital Communications Act 2015 against the offender for the protection of the victim of the offence after taking into account the matters listed in section 19(5) of that Act.

(3)

The court may make an order made under this section in addition to imposing a sentence or making any other order.

Subpart 7—Amendment to Criminal Procedure (Transfer of Information) Regulations 2013

26 Principal regulations

This subpart amends the Criminal Procedure (Transfer of Information) Regulations 2013.

27 Regulation 3 amended (Interpretation)

In regulation 3(1), definition of harassment offence, replace paragraph (a) with:

(a)

section 216Q of the Crimes Act 1961; or