What is the Harassment Act 1997?
In New Zealand, restraining orders for harassment are made under the Harassment Act 1997 (“Act”). The Act is designed to protect individuals from ongoing patterns of behaviour that cause distress, fear, or anxiety, particularly where there is no close family or domestic relationship between the parties.
It is commonly used in neighbour disputes and ongoing conflicts between individuals in the community.
What Counts as Harassment?
Harassment under the Act involves a pattern of behaviour directed at another person on at least two separate occasions within a 12-month period.
This can include:
- Repeated unwanted communication (texts, emails, calls);
- Following, watching, or loitering near a person’s home or workplace;
- Repeated visits to a neighbour’s property causing distress;
- Intimidating or threatening behaviour;
- Persistent complaints or confrontational conduct escalating over time.
In neighbour disputes, harassment often arises from ongoing conflict over boundaries, noise, parking, pets, or property use.
Harassment Orders and Restraining Orders
If harassment is established, the District Court can issue a restraining order to protect the applicant.
A restraining order may prohibit the respondent from:
- Contacting or communicating with the applicant;
- Approaching or entering specified locations (including a neighbour’s property);
- Following or watching the applicant;
- Engaging in further harassing behaviour.
Orders are designed to stop ongoing conduct and prevent escalation.
What Does the Court Consider?
When deciding whether to grant a restraining order, the Court will assess:
- Whether harassment has occurred as defined by the Act;
- The seriousness and frequency of the behaviour;
- The impact on the applicant’s safety, wellbeing, and daily life;
- Whether an order is necessary to protect the applicant in the future.
The Court must be satisfied that there are reasonable grounds to believe harassment will continue if no order is made.
Breach of a Restraining Order
Breaching a restraining order is a criminal offence in New Zealand and can result in a fine or imprisonment.
This makes restraining orders a strong legal mechanism for stopping ongoing harassment.
How We Can Help
We assist clients with harassment and restraining order applications, and we can advise on whether your situation meets the legal threshold, prepare supporting evidence and affidavits, and represent you in the District Court.
If you are experiencing ongoing harassment or conflict, early legal advice can help protect your safety and resolve the situation quickly.
