Stalking and harassment

Stalking and harassment is a pattern of repeated and unwanted behaviour that undermines a victim’s sense of safety and wellbeing.  They are illegal in New Zealand.

Stalking is when a person persistently does behaviours that intrude into your life and cause fear or distress.  It is often a pattern of behaviour made up of a range of individual acts.

The legal definition of a pattern of behaviour is when someone does one or more specified acts on two separate occasions within two years when the offender knows their actions are likely to cause fear or distress.

Harassment is broader than stalking and is behaviours that torment, terrorise or annoy you.  It can be a wide variety of actions including one-off incidents.

Stalking and harassment can be carried out by partners, ex-partners, acquaintances, or strangers.

The law(external link) lists ‘specified acts’ that are common tactics people use to stalk and harass.  They include watching, following, recording, tracking, doxing (revealing private or identifying information), damaging reputation and using technology or other people to carry out unwanted contact or monitoring.

Some examples of stalking and harassment are: 

• watching or following you at home, work, university or school or other places you go like shops, cafes, church, the gym, parks or events
• unwanted and repeated contact by text, social media, email, letter or phone calls
• sending or delivering unwanted gifts like money, flowers, food, clothes, toys or personal items
• recording, tracking or spying on you using technology like spyware applications, location apps, dating apps, drones, hidden cameras or home security software
• damaging or interfering with property and taonga like household items, mobility equipment, pets, cars or your home
• damaging or undermining your reputation, opportunities or relationships by sharing personal details or spreading rumours about you to people you care about or in your community like with employers, flatmates, landlords, sporting clubs, government organisations or businesses including banks
• using other people to follow, hurt or control you.  This might include using a company email or cameras to contact or watch you
• pretending to be you through fake social media profiles and sending messages, emails and handwritten letters to others under your name, or creating unwanted accounts or subscriptions under your name
• sharing private or personal information without your consent like your name, age, address, place or work, sexuality or gender identity or creating fake altered content to make images or videos of you
• acting in any way that causes fear or distress such as talking about or showing private moments only you would know about or leaving bad reviews online about you or your place of work.

Stalking and harassment are a crime in New Zealand punishable by up to 5 years in prison. It’s important to take stalking and harassment seriously as the behaviours can escalate in a short period of time.

Legal protections available to you are:

• a stalking and harassment notice:  this warns a person that their behaviour is unacceptable and if it continues they may be charged with an offence
• police charge: a person is charged with an offence and has to go to court
• Restraining Order: sets out rules the person who is stalking or harassing you must follow
• Harmful Digital Communications Order sets out what digital communications a person can and can’t do
• Disposal and Forfeiture Order: requires harmful or sensitive images or video to be taken away or destroyed
• Firearms Prohibition Order: stops a person from having a firearms licence and from owning, using or being around a firearm
• Trespass Notice: a warning notice that tells someone to stay away from your home or private property
• Police Safety Order: temporarily removes the offending person from the home and tells them to stop contact
• Protection Order: a legal document that protects you, your children and others named on the order from family or relationship-based violence.

There are two ways that stalking and harassment can go to court:

• if you report the behaviour to Police, the Police can lay charges, then the case proceeds through the criminal court. You can get support from a Court Victim Advisor who will explain your rights, what happens at each court stage and connect you with support services - they do not give legal advice
• you may decide to apply directly to the court for an order - you can get support from a Kaiārahi (Family Court Navigator) who will offer you free, non-legal support and help you understand the court process.

Free interpreters can be arranged for you if English is not your first language or you find it hard to understand.  If you need disability access or other support you can talk to court staff, the police officer in charge of your case or your personal support worker.

The organisations listed below can support you if you are being stalked or harassed.  They will understand what you are going through and the best way to help you.

Community Law Centre(external link)

Citizens Advice Bureau(external link)

New Zealand Police(external link)

Shine(external link)

Netsafe(external link)

Auckland Women’s Centre(external link)

Ministry of Justice(external link)