First charge laid under new stalking and harassment laws

An Auckland man is the first person to be charged under new stalking and harassment laws.

From Tuesday, new laws gave police the power to serve a stalking and harassment notice or charge someone with a stalking and harassment offence.

Court documents seen by RNZ revealed a 39-year-old man had been charged with stalking and harassing a woman in Auckland by "persistent unwanted communication" on Tuesday.

The documents alleged the man followed the complainant off a bus, re-initiating unwanted contact and followed her off a second bus, within a period of two years, knowing it was likely to cause "fear or distress".

He had also been charged with doing an indecent act on her.

Do you know more? Email sam.sherwood@rnz.co.nz

The man would appear in Auckland District Court on Wednesday.

Acting Director of Prevention Inspector Natasha Allan confirmed to RNZ police had laid their first charge under the new laws "marking early use of strengthened powers to protect victims".

Allan said what police were seeing already was the "prioritisation and pace that Police will bring to this type of offending".

"Police have used the new powers available to us to support victims and intervene earlier to prevent behaviour from escalating," Allan said.

"This should send a clear message to both victims and offenders police will be enforcing these laws.

"We now have stronger tools to hold offenders to account, and we are and will be using them."

The introduction of the new law on Tuesday makes stalking a criminal offence punishable by up to five years in prison.

Justice Minister Paul Goldsmith earlier said anyone could be a victim of stalking and harassment, but women were greatly overrepresented as victims and their children could be exploited to surveil victims, pass on threats, or even be threatened themselves.

"For years we've heard accounts by Kiwi women that have been shocking. Stalking causes serious emotional, psychological and economic harm, yet until now, stalkers have got away without facing serious legal consequences. This is not right. Stalking and harassment is vicious, sinister and can be deadly."

The new offence of stalking and harassment was defined as a pattern of behaviour, categorised by two specified acts within a two-year period, which the offender knew was likely to cause the victim fear or distress.

Goldsmith said the government had limited the discounts that judges could apply at sentencing to 40 percent, and also given sexual violence victims the power to determine whether their perpetrators receive permanent name suppression.

He said the new law had been made possible due to the tireless advocacy of many, with more than 600 people making submissions on the bill when it was before the Justice Committee.

"Many of them bravely shared their own stories, experiences and the impact stalking and harassment had on their lives."

Stalking behaviours outlined by the legislation

• Watching, following, loitering near or obstructing a person
• Recording or tracking
• Contacting or communicating with the person
• Damaging, devaluing, moving, entering or interfering with taonga or property (including pets) that the person has an interest in
• Damaging or undermining a person's reputation, opportunities or relationships
• Publishing statements or other material relating to a person or pretending to be from that person - which is intended to cover definitions of 'doxing', or 'collating and publishing private and identifying information about an individual, including posting information on their behalf'
• Acting in any way that would cause fear or distress to a reasonable person

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