An anti-stalking advocate says the introduction of a new law criminalising stalking and harassment is positive, but its effectiveness will depend on how it’s implemented.

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

Leonie Morris from the Coalition of Safety for Women and Children said it was pleasing to see stalking criminalised and the law had the potential to make stalking victims much safer but it was dependent on how it was applied.

“We need the police and the entire criminal justice system to take victim-survivor stalking seriously and stalking complaints seriously.”

Morris said the case of 21-year-old law student Farzana Yaqubi, who made complaints to police about being harassed and stalked by Kanwarpal Singh for years before he murdered her, showed that police had been reluctant to take action.

Stalking is now a criminal offence punishable by up to five years in prison. Photo / Getty Images

“She never faced any physical violence until the day she was murdered, but she had horrendous psychological violence, which the police simply ignored.”

An Independent Police Conduct Authority report found that police systems for logging stalking reports were not fit for purpose and had failed to link Yaqubi with another young woman who had complained about Singh.

“In an ideal world, we would like the Government to do a lot more public awareness about stalking, what it is and how harmful it is, about the law and the ideas that sit behind stalking.

“It very much impinges on women’s freedom if they’re being stalked. They can’t live the life that they choose.”

Morris said the idea that it was okay for people to seek power and control over women was the key driver of stalking and while it sometimes formed part of a pattern of family violence, it also fell outside that.

Stalking is now a criminal offence punishable by up to five years in prison. Photo / Getty Images

She would like to see a dedicated support service implemented for victims.

“At the moment, if you’re stalked within a family violence context, you can get help from the family violence sector but about 50% of stalking is outside of that, and there isn’t any specialist stalking service unlike other countries.”

She said in the United Kingdom, Australia and parts of the United States, there were 24-hour stalking hotlines that people could ring and centres where victims could go.

Justice Minister Paul Goldsmith said anyone could be a victim of stalking and harassment, but women were greatly over-represented as victims and their children could be exploited to track 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 is 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% 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 because of 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

-RNZ