Repeated unwanted contact can quickly become more than a nuisance — it can become stalking. It may start with persistent messages, someone appearing at places they know you will be, a tracking device on a car, unwanted contact through friends or whānau, or private information being shared online. For people across Papakura, Manurewa, Māngere and the wider South Auckland region, the new stalking law gives Police and the courts clearer tools to respond before the behaviour escalates.

The change matters because stalking often builds through repeated contact, monitoring, intimidation or interference that makes daily life feel unsafe. The new law gives victims a clearer basis to seek help earlier and gives Police a more direct framework for conduct that may previously have been treated as separate incidents.

What changed under New Zealand's new stalking law?

The Crimes Legislation (Stalking and Harassment) Amendment Act 2025 came into force on 26 May 2026. It inserted sections 216O to 216S into the Crimes Act 1961. The key offence is section 216Q, which carries a maximum penalty of five years' imprisonment.

The offence focuses on patterns of behaviour. Under section 216O, a person stalks and harasses another person if they do at least two specified acts directed at that person, on separate occasions, within two years, and knows that the pattern is likely to cause fear or distress. The acts can be the same type of conduct, or different acts that form a pattern.

Police can also issue a stalking and harassment notice after one specified act. The notice warns the person that further behaviour may lead to a criminal offence and may become important evidence if the conduct continues. Police can still arrest or charge without first issuing a notice if the offence threshold is otherwise met.

What kinds of behaviour can amount to stalking?

The list of specified acts in section 216P is broad. It covers physical following and watching, but also conduct that affects someone's privacy, reputation, work, relationships, property, pets, taonga, or sense of safety.

• Watching, following, loitering near, waiting for, blocking, or obstructing another person.
• Recording, tracking, monitoring, or otherwise keeping tabs on a person's movements or activities.
• Repeatedly contacting or communicating with someone in unwanted ways, including by phone, email, social media, apps or through fake accounts.
• Damaging, devaluing, moving, entering, or interfering with property, taonga, or pets.
• Damaging or undermining a person's reputation, relationships, employment, education, or other opportunities.
• Publishing statements or material about a person, or pretending that material came from them, including doxxing or impersonation.
• Using another person, business, institution, organisation, or technology to carry out stalking behaviour.
• Using spyware, tracking devices, drones, online tools, social media, or artificial intelligence to monitor, intimidate, or intrude on someone.

What is the difference between harassment and the new stalking offence?

Before this change, stalking was often addressed through harassment, trespass, family violence, harmful digital communications or other legal pathways. Those options still matter, but the Harassment Act 1997 is mainly a civil protection pathway, while the new Crimes Act offence focuses on criminal accountability.

The thresholds differ too. A restraining order generally requires harassment on at least two occasions within 12 months. Section 216Q applies to at least two specified acts on separate occasions within two years, with knowledge that the pattern is likely to cause fear or distress. It also expressly captures monitoring, tracking, doxxing, impersonation and technology-facilitated contact.

The consequences are different: under the Harassment Act 1997, the available outcomes include restraining orders and, in some cases, the criminal harassment offence. The new stalking offence under the Crimes Act 1961 can carry up to five years' imprisonment. The best pathway for you or your affected loved ones will depend on the relationship, evidence, urgency and whether Police, a civil order, digital remedies, family violence protections, trespass steps or a combination is most appropriate.

How does the law respond to digital stalking?

The new offence recognises that stalking does not need to involve physical presence. Digital stalking can include tracking someone's location, monitoring their online activity, repeatedly contacting them through different platforms, sharing private information, or using technology to make them feel watched or unsafe.

Other laws may also be relevant. Serious online abuse may be addressed under the Harmful Digital Communications Act 2015, and family violence protections may apply where the person is a partner, former partner, family member, or someone in a family relationship. Protective orders can also address online contact, contact through others, or attendance near a person's home, work, school, or regular routines.

What legal protection may be available?

The most urgent step is safety. If you are in immediate danger, call 111. Otherwise, report the behaviour to Police and keep clear records, including screenshots, call logs, messages, dates, locations, witness details, photographs, tracking concerns, and any contact made through friends, family, workplaces, or organisations.

If it is not an emergency, stalking and harassment can be reported to Police on 105, online, or at a local Police station.

Depending on the circumstances, options may include a Police complaint, restraining order, protection order, trespass steps, or an application under the Harmful Digital Communications Act 2015. If the behaviour involves a partner, former partner, family member, flatmate, caregiver, or other close personal relationship, a protection order under the Family Violence Act 2018 may be available, including urgently and without notice where immediate protection is needed.

What are the penalties and court powers?

A person convicted under section 216Q is liable to imprisonment for up to five years. In addition to any sentence, the court may make a restraining order under the Harassment Act 1997, prohibiting direct or indirect contact, following, watching, or attendance near the victim's home or workplace.

The legislation also strengthened related court powers. In appropriate cases, the court may make orders under the Harmful Digital Communications Act 2015, require destruction of intimate visual recordings made as part of stalking behaviour, or make firearms-related orders, including firearms licence disqualification or firearms prohibition orders where statutory criteria are met.

"The introduction of a specific criminal offence for stalking changes the landscape for victims across South Auckland; it means that persistent, targeted harassment is no longer treated as a minor inconvenience, but as a serious matter that demands immediate legal intervention to ensure your ongoing safety and peace of mind."

— Neville Woods, Partner, Rice Craig Barristers and Solicitors

What should employers do if stalking affects the workplace?

Stalking is not only a private issue. It can follow a person into work through unwanted calls, workplace visits, messages to colleagues, roster or location monitoring, reputational harm, or attempts to disrupt employment. Risks may be higher in public-facing, late-night, mobile, isolated, hospitality, retail, healthcare, transport, education, or social service environments.

Under sections 36 and 37 of the Health and Safety at Work Act 2015, employers and other PCBUs must, so far as is reasonably practicable, eliminate or minimise risks to worker health and safety. That duty can include workplace stalking or harassment risks, whether the conduct comes from a colleague, client, customer, former partner, or another person outside the business.

Workplace privacy should also be checked. Rosters, surnames, phone numbers, work locations, staff photos, emergency contacts, vehicle details and online profiles can increase risk if they are too widely available.

A practical response may include confidential reporting, adjusted rosters or access arrangements, manager training, incident records, and a safety plan. If the alleged stalker is also an employee, the employer must balance safety with fair employment process.

How employers can respond in practice

• Provide clear, safe reporting channels for employees experiencing stalking or persistent unwanted contact.
• Limit unnecessary access to staff surnames, phone numbers, rosters, work locations, vehicle details, staff photos and emergency contact information.
• Work with the affected employee to identify practical safety measures, such as reception alerts, secure entry points, adjusted shifts, parking arrangements or communication protocols.
• Consider whether trespass, Police involvement, a restraining order, a protection order, specialist support services, or other legal steps may be appropriate.
• Keep records of incidents and decisions, while protecting the employee's privacy.
• Seek employment law advice before taking action against an employee alleged to be engaging in stalking behaviour, particularly where suspension, disciplinary steps, privacy issues or safety directions are involved.

Frequently Asked Questions

What should I do if I am being stalked in South Auckland?

If you are in immediate danger, call 111. If it is not an emergency, report the behaviour to Police on 105, online, or at a local station. Keep evidence, including screenshots, messages, call logs, dates, times, locations, photographs, witness details and any signs of tracking or monitoring. You should also seek legal advice about whether a criminal complaint, restraining order, protection order, trespass notice, or digital communications remedy is available.

Do I need to wait for two incidents before asking for help?

No. While the criminal offence requires a pattern of behaviour involving at least two specified acts on separate occasions within two years, you can still seek help after one incident. Police may be able to issue a stalking and harassment notice, and there may be other safety steps available depending on the circumstances.

What happens if I delay seeking legal advice?

Delay can make it harder to preserve evidence, assess legal options, and secure protection before the behaviour escalates. Early advice can help you understand what to record, when to involve Police, and which protective steps may be available.

How do South Auckland courts handle digital evidence?

Digital evidence can be important in both criminal and civil proceedings. Screenshots, messages, call logs, metadata, location data, account activity and device records may all be relevant. It is best to preserve evidence in its original form where possible and avoid editing screenshots or deleting messages before seeking advice.

I am an employer. What is the risk of doing nothing if a staff member reports stalking?

Doing nothing can increase the risk to the employee and may expose the organisation to health and safety, employment, privacy and reputational issues. Employers should respond promptly, assess the risk, protect confidential information, consider practical safety measures, and seek advice where the situation may require disciplinary steps, trespass, Police involvement, or changes to working arrangements.

Is stalking always about physical presence?

No. Stalking can happen without the person ever appearing in front of you. Repeated digital contact, tracking, surveillance, doxxing, impersonation, monitoring through apps or devices, or using others to contact or watch you can all be relevant under the new law.

What if a false complaint is made against me?

If a stalking or harassment complaint is made against you, it is important to respond carefully and avoid any direct contact with the complainant unless you have been clearly advised that it is appropriate. Even if you believe the complaint is mistaken, exaggerated, or made for an improper purpose, further contact may be misinterpreted and could make the situation worse. Keep a clear record of events, preserve messages and other evidence, and seek legal advice before responding to Police, an employer, or the other person. Early advice can help you understand your rights, avoid unnecessary escalation, and respond in a way that protects your position while respecting the seriousness of any safety concerns raised.

This article is intended for general information purposes only and does not constitute legal advice. For advice specific to your circumstances, please contact the team at Rice Craig.