On June 10th, the Government addressed some major concerns in its update to the Crimes Legislation with regard to Stalking and Harassment. It's heartening to see some of the feedback to the Justice Select Committee have been incorporated and the requirements for convictable evidence have been made more achievable. 

However, there are still major gaps in this legislation. We continue to leave abusers with options to hide and defend their actions, and nowhere is this more apparent than in online interactions which remain largely unmoderated. There are praises to be sung in the Government’s actions, but the work is far from over.

We applaud the definition of ‘Stalking/Harassment’ as 'two specified acts' within a two year period. This is a victim-centred move that sets realistic thresholds, and will facilitate the conviction of offenders. While this definition and focus on victims is positive, other concerns about the legislation remain. 

We are concerned that the bill leaves open the opportunity for a stalker to plead ignorance, claiming that they were unaware of the fear or distress the victim experienced. This loophole could present an easy or readily accepted defence, and NCWNZ will continue to advocate for changes to this wording that will ensure our legislation prioritises the prevention of risk and further harm to the victim. 

We also stand alongside other anti-stalking advocates in our agreement that victims must be consulted before police approach a stalker. Without this requirement, a victim who has notified authorities can be left in a dangerously vulnerable situation, as stalkers are frequently known to or close to their victims.

In our rapidly evolving digital society which allows for growing levels of anonymity, NCWNZ will continue to advocate for education and awareness campaigns on stalking and for the requirement of rehabilitation programs for convicted offenders before their release.

While the update to the bill has included harassment via technology or digital media in its definition, NCWNZ urges consideration of new or better regulation for tech companies and media platforms online, as these are frequently used to stalk and harass women. We would like to see a new bill requiring a safety-by-design model for these companies, which would require transparency in their operations and processes – including their algorithms and response to claims of harassment. It is also important to have stronger enforcement efforts for those companies’ trust and safety policies and effective reporting and complaint resolution systems. This should include easily identifying anonymous stalkers and retaining evidence for legal enforcement.

In addition, NCWNZ continues to advocate for the establishment of a media regulator – independent of both government and tech companies – and suggests a Crown entity or a trans-Tasman regulator as key options to pursue.

Ultimately, the government’s updated legislation is a first step and not an all-encompassing fix. There are still many ways abuse can be hidden, tolerated and excused, which is not the world we want to live in. We would like to see a government with a stronger stance on intervention and prevention, especially one that isn’t afraid to demand accountability from tech companies and digital platforms. Now is not the time to rest on the good we have accomplished; we must keep pushing forward!