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The Harassment Act 1997 protects you against a range of unwanted behaviour, such as someone following you, hanging around outside your home or workplace, repeatedly phoning, texting or writing to you, or coming onto your property.
The Harassment Act protects you when the harasser is a stranger or someone else you’re not in a family or other domestic relationship with. Domestic relationships are covered by the Domestic Violence Act 1995. See the Domestic Violence Info sheet.
Harassment has a broad meaning in the Harassment Act. The Act recognises behaviour that may seem innocent or trivial on its own may amount to harassment when seen in context.
The Harassment Act allows for two different types of legal action –
For harassment to be criminal, the harasser must have intended to make the victim fear for their safety, or have known that the harassment was likely to make them fear for their safety.
For civil harassment the test looks only at how the harassment affects the victim, not at what the harasser intended. The behaviour must have caused the victim distress, rather than fear, and must have been likely to cause distress to a reasonable person.
The meaning of harassment
Criminal harassment
Restraining orders for harassment
Site updated 1 August 2010
Content on this page has been adapted from Wellington Community Law Centre's Legal Reference Manual Copies of the Legal Reference Manual are available for sale. An order form is available here.
Taking legal action under the Harassment Act depends on whether the other person’s behaviour amounts to harassment within the meaning in the Act.
If it is harassment, other factors then determine whether the harasser has committed a criminal offence or whether the District Court can make a civil restraining order.
You are the victim of harassment within the meaning of the Harassment Act if a person does any of the following things at least twice within 12 months –
It doesn’t matter whether the harasser does the same thing each time or does different things.
It also counts as harassment of you if the other person does any of those things to a member of your family, rather than to you directly. For example, they might send a letter to your teenage daughter, knowing it will upset you. What matters is that you are the person the behaviour is directed against.
Sexual and racial harassment are illegal under the Human Rights Act 1993 if they happen in one of the areas of life covered by that Act, such as education, employment, and goods and services provided to the public. In those cases you can complain to the Human Rights Commission. See Info sheet Discrimination and the Human rights Act.
If you’ve suffered sexual or racial harassment in the workplace, you can take a personal grievance to the Employment Relations Authority under the Employment Relations Act 2000, instead of complaining to the Human Rights Commission. See Info sheet Employment – Resolving Problems.
Content on this page has been adapted from Wellington Community Law Centre's Legal Reference Manual. Copies of the Legal Reference Manual are available for sale. An order form is available here.
The Harassment Act 1997 makes the most serious kinds of harassment a criminal offence. In these cases you can complain to the Police. If the Police believe the harassment is criminal, they can arrest and charge the harasser. If the harasser is convicted in court, they can be imprisoned.
If the harassment isn’t serious enough to be criminal, the District Court may be able to make a restraining order to protect you from further harassment.
First, the behaviour you’re complaining of must be harassment within the meaning in the Harassment Act.
Second, for harassment to be criminal it depends on the harasser’s intention and state of mind. The harasser must –
If the harasser is convicted, they can be jailed for up to two years.
If the Police charge a person with criminal harassment, you can also apply for a restraining order under the “Civil Harassment” part of the Harassment Act.
If the Police release the person on bail, they’ll usually make it a condition of bail that the harasser must not make any contact with you. However, it’s a good idea to apply for a restraining order as well.
A restraining order is a formal order made by the District Court under the Harassment Act 1997. A restraining order states that the person the order is made against (the “respondent”) must not harass or threaten to harass the person who applied for the order (the “applicant”), nor encourage anyone else to harass or threaten to harass them.
Having a restraining order made against them doesn’t give the harasser a criminal record. However, it’s a criminal offence to breach (disobey) a restraining order. If they do this, the harasser can be arrested and charged in the criminal courts.
Serious cases of harassment can be a criminal offence. See criminal harassment.
A restraining order can be made against anyone who is harassing you, provided you’re not in a family or other domestic relationship with them.
A restraining order can’t be made against anyone who’s under 17, except that an order can be made against a 16-year-old if they are (or have been married) in a civil union or in a de facto relationship with their parents’ permission.
If the respondent (the harasser) has also been encouraging a third person to harass you, that third person can be named in the restraining order as an “associated respondent”. The rules in the restraining order then apply to the associated respondent, just as they do to the respondent.
Harassment in domestic relationships may amount to domestic violence under the Domestic Violence Act 1995. If so, the Family Court can make a protection order under that Act.
Second, the court looks at the effect of the harassment on you. The court can make an order if it’s satisfied that –
The other person has a defence if they prove that they did what they did for a lawful purpose.
You’ll have to provide information to prove on the “balance of probabilities” (that is, it’s more likely than not to be true) that you’ve been the victim of harassment and that you need a restraining order to protect you.
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If the District Court grants your application for a restraining order, the order will state that the person the order is made against must not –
The court can also include special conditions in the order to protect you. For example, the order can specify that the harasser must stay away from a particular public place that you regularly go to.
Any person who’s being harassed can apply to the District Court for a restraining order, if the person doing the harassing is not in a family or other domestic relationship with the victim.
A child (someone under 17) can apply for a restraining order under the Harassment Act, but they need to get an adult to apply on their behalf.
In some cases an adult may need a representative to help them apply for a restraining order. For example, if a welfare guardian has been appointed for someone who isn’t able to make decisions for himself or herself, the welfare guardian will need to apply on the person’s behalf.
You’ll need to fill out an application form and take it to your local District Court. Include an affidavit (a sworn statement), saying what happened and giving details of any contact you’ve had with the Police about the harassment.
In the application form state how long you’d like the restraining order to last. You should also state any special conditions you’d like included in the order – for example, a condition banning the harasser from going to a particular public place that you often visit.
You’ll also have to fill out a document called a Notice of Proceeding. A copy of this will be given to the harasser.
Applications for restraining orders are always made “on notice”. This means the harasser is given a copy of your application and has a chance to oppose it and put their case to the court before the court decides whether to grant a restraining order.
If you don’t know the name or the address of the harasser, complain to the Police and give as many details about the person as possible, such as what they look like and where they spend their time.
If the Police find the person, they can require them to give their name and address. If the person refuses to give this information without a reasonable excuse, or if they give false information, this is a criminal offence, and they can be fined up to $500.
If the person gives the Police their details, you can ask the Police to release this information to the District Court Registrar so that you can complete your application for a restraining order.
No, there’s no fee for applying for a restraining order. But if you use a lawyer, you’ll need to pay the lawyer’s fees.
Applying for a restraining order can be complicated. Although it’s possible to apply without a lawyer, it’s a good idea to use one.
If you can’t afford a lawyer, you may be able to get one through legal aid. This is where the Government pays some or all of your lawyer’s fees (you may have to pay some or all of it back). Find out about legal aid.
The court registrar sets a date for the District Court to hear your application. The Registrar then notifies you and the harasser of this date.
At the court hearing, both you and the other person will be able to give evidence. Each of you can then be cross-examined by the other side’s lawyer. The Judge considers both sides before deciding whether to grant a restraining order.
Yes. If someone has applied for a restraining order against you under the Harassment Act, you’ll be given a copy of their application and will have a chance to oppose it before the court decides whether to grant the order. (You’re called “the respondent” and they are called “the applicant”.)
If you oppose the application, you’ll need to file a defence with the District Court at least five working days before the date the court has set for the hearing.
If you don’t oppose the application, the Judge can decide whether to grant a restraining order based only on the evidence given by the applicant.
At the court hearing, you and the applicant give evidence. Each of you can then be cross-examined by the other side’s lawyer. The Judge will consider both sides and then decide whether to grant a restraining order.
When the District Court makes a restraining order the order takes effect straight away, except that the harasser can’t be charged with breaching the order until after a copy of the order is “served” on them (given to them personally).
The court gives a copy of the order to the respondent (the harasser), the applicant (the person who applied for the order), and the local Police station.
Usually this is one year, but it can be shorter or longer than this. If the order doesn’t specify how long it lasts for, it lasts for one year.
The court can later extend the period of the restraining order if this is necessary to protect the victim from more harassment.
Either the victim or the harasser can apply to the court to have a restraining order cancelled (“discharged”).
It’s a criminal offence to breach a restraining order without a reasonable excuse. The victim of the harassment should report any breach to the Police. The Police can arrest and charge the harasser.
The harasser can also be charged with any other crime they commit at the same time, such as assault, theft, or misuse of a telephone.
A person who breaches a restraining order can be jailed for up to six months or fined up to $5,000.
However, they can be jailed for up to two years if –