It is proposed to amend the part of the legislation that relates to the stalker's intent to say they knew "or ought to know" their actions would cause distress and fear. Photo: Unsplash
An anti-stalking group is backing amendments to proposed legislation targeting stalkers, saying it will protect more people.
The Crime Legislation (Stalking and Harassment) Amendment Bill is making its way through Parliament, with Justice Minister Paul Goldsmith hoping it will pass this year.
The Committee of the Whole was expected to discuss additional changes put forward by the Labour and Green Parties on Wednesday.
It looked to amend part of the legislation outlining the intent of the stalker, saying they knew "or ought to know" their actions would cause distress and fear.
The bill currently required an offender to knowingly engage in behaviour likely to impact victims in that way.
To prove someone knew what they were doing would have that impact required proof beyond a reasonable doubt the defendant knew they engaged in a pattern of behaviour causing fear or distress.
The amendment explained if the offender were intoxicated or cognitively impaired at the time of offending, they could argue they were not knowingly engaging in that behaviour.
"The inclusion of 'ought to know' implies that a reasonable person should have known the behaviour they engaged in caused fear or distress to another person," the amendment said.
Advocacy group Aotearoa Free From Stalking said the amendments were a good start, but did not go far enough.
"We strongly support the Labour and Green Party amendments, because they would protect many more people - especially women, rangatahi, and others in public life who face real risk."
However, it said law's intent test was not strong enough.
Spokesperson Leonie Morris said phrasing like that of the original bill had been criticised internationally.
"How does the police prosecutor prove what the accused knew or didn't know? It's completely impossible," she said.
Part of the legislation proposed stalkers could be warned by police about their behaviour.
Justice Minister Paul Goldsmith's office highlighted part of the legislation which said if a person had received the notice from police, it was presumed they knew their behaviour caused fear and distress.
The group pointed to the recent police watchdog report into former Deputy Commissioner Jevon McSkimming, saying it revealed patterns of power, intimidation, and institutional failure, which were at the heart of stalking and harassment.
Morris said it showed the police was still a male-dominated culture, marked by loyalty and secrecy.
"This is very much going to undermine women's confidence in the police, and women's trust in the police," she said.
"Women who've been stalked are now going to have even less trust in the police than they had before this report was released.
The police would have to do an extraordinary amount of work to make sure women who report stalking were taken seriously, treated with respect, and treated professionally, Morris said.
"This law will help focus the police's mind that stalking is a crime, and stalking is now in the Crimes Act, but we need the police to be thoroughly trained in this law so that they implement it correctly."
Morris said it was time for authorities to take a stand.
"This is the time for the police to really step up, and for the leadership to say that stalking is not love, it's abuse, and abuse of any kind will not be tolerated."
The Green Party's Tamatha Paul said they were supporting the change to the bill, adding they wanted additional protections for survivors and sex-workers.
"Some people are just out of their right mind, and could make a genuine argument from their perspective that they didn't realise that their actions were causing distress or harm," she said.
"We want to make sure that people who are kind of delusional are not able to hide behind that excuse."
Aotearoa Free From Stalking had previously voiced their concern for part of the legislation in which stalkers could be warned by police about their behaviour, without the victim first being notified.
Paul said that put victims at risk.
"It's really important that the victim is made aware of this police notification, and that they are able to consent, because in some instances if the police go ahead and notify, this can aggravate the situation, and make it even more hostile for survivors," she said.
Paul said they also wanted to make sure the specific nature of sex-workers' jobs, as well as their safety and integrity, were protected.
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