New stalking and harassment offence now in force

New Zealand has introduced a new criminal offence for stalking and harassment. The Crimes Legislation (Stalking and Harassment) Amendment Act 2025 came into force on 26 May 2026.

For the first time, stalking is expressly recognised as a criminal offence. This is important because stalking often involves repeated behaviour that may not look serious when each incident is viewed on its own, but can cause significant fear, distress and harm over time.

The need for reform was highlighted after the Independent Police Conduct Authority found failures in the police response before the murder of 21-year-old law student Farzana Yaqubi in 2022.

The new offence is intended to close a gap between existing options such as protection orders, restraining orders and remedies under the Harmful Digital Communications Act.

What counts as stalking or harassment?

A person may commit the offence if they carry out two or more specified acts within a two-year period, and know that their behaviour is likely to cause fear or distress. These acts can include:

• watching, following or loitering near a person;
• unwanted or persistent contact;
• digital surveillance;
• doxxing (publishing of personal information without consent); and
• undermining a person’s reputation, opportunities or relationships.

The maximum penalty per offence is five years’ imprisonment.

Police notices

Police can issue a written notice if they reasonably believe a person has carried out behaviour that has caused, or is likely to cause, fear or distress. The notice tells the person to stop the behaviour and warns that further conduct may amount to a criminal offence. If the behaviour continues, the notice can help show that the person knew their conduct was likely to cause fear or distress.

Intimate visual recordings

The Act also gives courts powers to deal with intimate visual recordings connected to the offending. This can include orders to hold those recordings during the trial and, where appropriate, to have them destroyed.

What does this mean for employers?

Employers should take reports of stalking or harassment seriously, including conduct that happens online or outside the physical workplace but affects work (eg between colleagues outside of work or at the workplace). Depending on the circumstances, employers may need to refer the matter to police, investigate internally, and manage any health and safety or related disciplinary issues. Failing to act may expose an employer to claims such as unjustified disadvantage or constructive dismissal and raise health and safety concerns.

Looking ahead

New Zealand’s legal framework continues to evolve. Further developments are expected throughout 2026, and employers should review their policies and processes to ensure they can respond promptly and appropriately to reports of stalking or harassment.

Our team can provide practical advice on how the new law may affect your workplace and how you can ensure your policies and training reflect the changes. Please contact us if you would like assistance.

Disclaimer: This article provides general information about employment, health and safety, and related legal issues. It is not legal advice and should not be relied on for a specific situation. Please seek legal advice before making decisions about your workplace.