Submissions

To: Justice Select Committee
Date: February 2025

Purpose

The submission highlights that stalking and harassment disproportionately impact disabled people, with research indicating that disabled women are significantly more likely to be affected. For disabled individuals, stalking can manifest as interference with necessary medical care, threats related to medical treatment, or threats exploiting their disability.

Summary of DPA submission

DPA welcomes the overdue inclusion of stalking as a criminal offence in New Zealand legislation, recognising its importance in providing protection against this violent and frightening behaviour.

DPA notes the current lack of data on stalking against disabled people and that police often advise victims to use harassment or trespass legislation, which is frequently ineffective and can escalate the stalking. This situation underscores the importance of embedding a disability perspective into the legislation to provide accessible protection and support for all affected. DPA expresses concern that some behaviours constituting harassment and stalking from a disability perspective, such as manipulating a person’s care and support needs or misusing their lack of capacity to cause fear, are not currently included in the Bill.

DPA recommends adding provisions to cover these specific behaviours. They also suggest amending Section 216P to include any third party in a care or support role (e.g., support people, wider whānau, friends) who might be used by stalkers as proxies, ensuring stalkers are held directly accountable. DPA is concerned about the Bill's definition of a "reasonable person," arguing that it should be defined within the specific context and circumstances of the person being stalked, rather than a generalized standard that might overlook power imbalances and unique experiences of disabled victims.

DPA supports the Police's ability to issue warnings after a single act of stalking (Section 216O) and the Bill's provisions preventing convicted stalkers from owning firearms.

Key Recommendation/Finding:

DPA recommends that the threshold for acts of stalking is changed to align it with the definition of harassment contained in the Harassment Act 1997 to two acts being committed against a person within a 12-month period.

Supporting Statement 1:

"The legislation as drafted states the necessity for three provable acts to be recorded by victims within 12 months. If retained, New Zealand’s provisions would be inconsistent with international practice where two frightening acts are considered as the minimum necessary for proving harassment."

Supporting Statement 2:

"It is also important to recognise that stalking is stalking regardless of timeframes. Any legislative timeframes will just provide an opportunity for stalkers to misuse this legislation through being able to wait just over 12 months to recommence terrorising their victims."