Skip to main content

Disclaimer: Educational purposes only. Not legal advice. Consult a qualified NZ legal practitioner for your specific circumstances.

SimplifiedLaw.co.nz
disputes

Harassment Act: When does a dispute cross the line into harassment?

Key Takeaway

The Harassment Act 1997 defines harassment as a course of conduct seriously alarming or distressing a person, or threatening their safety. It's distinct from general disputes. Matters under this Act are handled by the District Court or Police, not the Disputes Tribunal, which typically resolves civil monetary claims up to specific limits. Legal avenues include protection orders or criminal charges.

Understanding Harassment in New Zealand Law

In New Zealand, the Harassment Act 1997 addresses specific behaviours that constitute harassment, providing legal avenues for protection against such conduct. It is important to distinguish between a general dispute and conduct that crosses the line into legally defined harassment.

Defining Harassment

Harassment, under New Zealand law, is generally defined as a 'course of conduct' by one person that is seriously alarming or distressing to another person, or which causes that other person to seriously fear for their safety [Source: Harassment Act 1997, s 3(1)].

A 'course of conduct' refers to behaviour that occurs on at least two separate occasions [Source: Harassment Act 1997, s 3(2)]. This conduct can include various actions, such as:

  • Following a person [Source: Harassment Act 1997, s 3(2)(a)]
  • Watching or besetting a place where a person lives, works, or frequents [Source: Harassment Act 1997, s 3(2)(b)]
  • Contacting a person by any means, including electronic communication [Source: Harassment Act 1997, s 3(2)(c)]
  • Leaving offensive material for or sending it to a person [Source: Harassment Act 1997, s 3(2)(d)]
  • Interfering with a person's property [Source: Harassment Act 1997, s 3(2)(e)]
  • Doing any other act that can reasonably be regarded as being intended to alarm or distress any person [Source: Harassment Act 1997, s 3(2)(f)]

The conduct must be objectively serious. The Act considers whether a reasonable person in the victim's position would be seriously alarmed or distressed, or seriously fear for their safety [Source: Harassment Act 1997, s 3(1)].

When a Dispute May Cross the Line into Harassment

An ongoing dispute may cross the line into harassment if the actions of one party meet the definition outlined in the Harassment Act 1997. This means the conduct is a 'course of conduct' that is seriously alarming or distressing, or causes a serious fear for safety. For example, repeated unwanted contact, surveillance, or threatening behaviour arising from a dispute could constitute harassment if it meets the criteria of the Act.

Legal Avenues for Harassment Matters

Matters of harassment under the Harassment Act 1997 are primarily dealt with through two main legal avenues:

1. Protection Orders

An individual who is a victim of harassment can apply to the District Court for a Protection Order [Source: Harassment Act 1997, s 4(1)]. A Protection Order is a civil court order designed to prevent further harassment. The court may make an order if it is satisfied that harassment has occurred and that the order is necessary for the protection of the applicant [Source: Harassment Act 1997, s 10]. A Protection Order can prohibit the harasser from:

  • Harassing the applicant [Source: Harassment Act 1997, s 12(1)(a)]
  • Contacting the applicant directly or indirectly [Source: Harassment Act 1997, s 12(1)(b)]
  • Coming within a specified distance of the applicant's home, work, or other specified place [Source: Harassment Act 1997, s 12(1)(c)]

Breaching a Protection Order is a criminal offence [Source: Harassment Act 1997, s 22].

2. Police Intervention and Criminal Charges

Certain forms of harassment, particularly those involving threats or stalking, may also constitute criminal offences under other legislation, such as the Crimes Act 1961. The Police can investigate complaints of harassment and, if sufficient evidence exists, lay criminal charges. Harassment itself is not an offence under the Harassment Act 1997; rather, the Act provides for civil remedies (Protection Orders) and makes breaching such an order a criminal offence [Source: Harassment Act 1997, s 22].

Jurisdiction for Harassment Matters

Applications for Protection Orders under the Harassment Act 1997 are heard in the Family Court division of the District Court [Source: Family Courts Act 1980, s 11]. Criminal charges relating to harassment or breaches of Protection Orders are dealt with in the criminal jurisdiction of the District Court. The Disputes Tribunal does not have jurisdiction to hear matters related to harassment under the Harassment Act 1997.

The Role of the Disputes Tribunal in General Disputes (but Not Harassment)

The Disputes Tribunal is an informal forum designed to resolve civil disputes between parties without the need for lawyers. It handles disputes involving claims for money, goods, or services, generally up to a value of $30,000 if both parties agree, or $15,000 otherwise [Source: Disputes Tribunals Act 1988, s 10, s 13]. While the Disputes Tribunal can resolve many types of civil disagreements, its jurisdiction does not extend to matters concerning personal safety, protection orders, or criminal behaviour, including harassment as defined by the Harassment Act 1997. Therefore, if a dispute escalates to the point of meeting the legal definition of harassment, the appropriate avenue is the District Court or the Police, not the Disputes Tribunal.

Costs Associated with Harassment Matters

There is no application fee for filing an application for a Protection Order under the Harassment Act 1997 in the District Court. However, applicants may incur legal costs if they choose to engage a lawyer to assist with their application. If the Police lay criminal charges related to harassment or a breach of a Protection Order, there are no direct costs to the victim.

In contrast, applications to the Disputes Tribunal typically involve a small application fee, but, as noted, the Disputes Tribunal does not hear harassment cases.

What to Expect

Applying for a Protection Order:

  1. Application: An applicant files an application in the Family Court division of the District Court, providing details of the harassment [Source: Harassment Act 1997, s 4(1)].
  2. Interim Order: The court may issue an interim Protection Order without notice to the respondent if there is an undue risk to the applicant's safety or welfare [Source: Harassment Act 1997, s 8].
  3. Service: The application and any interim order are served on the respondent.
  4. Hearing: A court hearing is scheduled where both parties can present their evidence to a Family Court Judge. This is a formal court process, distinct from the informal nature of the Disputes Tribunal.
  5. Final Order: If the court is satisfied that harassment has occurred and an order is necessary, a final Protection Order will be issued [Source: Harassment Act 1997, s 10].

Reporting to Police:

If reporting harassment to the Police, they will assess the complaint, investigate if appropriate, and determine if criminal charges can be laid or if other interventions are necessary.

When to Seek Independent Legal Advice

Navigating legal issues related to harassment can be complex. Individuals seeking to understand their rights, apply for a Protection Order, or respond to allegations of harassment should consider obtaining independent legal advice. Information about free legal assistance is available through Community Law Centres throughout New Zealand or from LawAccess. Legal aid may be available for eligible individuals. Seeking advice from the New Zealand Law Society can help in finding a lawyer specialising in family law or civil litigation.

Key Resources