... and how to stop it!

(last updated May 98)

What is harassment?
What can I do?
Restraining Orders.
What can I do if I am confronted with the following situations?

This information sheet is for people who have been, or are being harassed, whether or not it is by someone who they live with, are married to or have a close personal relationship with.

There are also separate laws in the Domestic Violence Act and the Children Young Persons and their Families Act to protect people from a:

• parent
• sibling
• partner
• former partner, or
• someone they have a close personal relationship with, whether sexual or otherwise
• whether they have been married or have lived together.

• If someone is or has been harassing you the police may be able to prosecute them under the Harassment Act 1997 or a variety of other Acts. If you are in a close personal relationship with them you may also be able to get a Protection Order under the Domestic Violence Act. If you are being harassed by someone you aren't in a close personal relationship with, you may be able to apply for a restraining order under the Harassment Act.

HARASSMENT ACT 1997

To get help under this Act, you need to have been harassed at least two separate times within 12 months.

What is harassment?

Someone:

• watching, loitering near, or preventing, or hindering access to or from your home or any other place you spend time at;
• following or stopping you;
• going into or interfering with property in your possession (like your bag, or your home or car);
• contacting you verbally or in writing;
• giving you offensive material, whether it is left where you will find it, or it is brought to your attention;
• doing anything else which causes you to fear for your safety and which would cause a reasonable person in your
particular situation to fear for their safety.

It includes someone doing any of these things to you or someone who you are in a family relationship with, if they are only doing it to them because of their family relationship with you.

What can I do?

There are two things you may be able to do under the Act depending on how serious the harassment is, and who is doing it. It is helpful for either of these actions if you have kept a diary describing any harassment, when it occurred and who else heard or saw it.

• Complain to the police If someone has harassed you so that you fear for your safety, or mental wellbeing or that of anyone you are in a family relationship with, the police may charge them. There is a maximum penalty of 2 years imprisonment.

The procedure is simple. Lay a complaint with the police, and if there is enough proof, they will prosecute the person on your behalf. The police will need to prove that the person harassing you intended to cause you such fear, or knew that their harassment was likely to cause you to reasonably fear for your safety or mental well being or that of someone you are in a family relationship with. That person may be entitled to apply for legal aid.

Restraining Orders.

What is a restraining order?
Who can apply?
How do I get a restraining order?
What if I don't know the name and address of the person harassing me?
What does a restraining order do?
How long does a restraining order last?
What happens if a restraining order is ignored or breached?

What is a restraining order?

A restraining order is an order made by the court to stop a person from harassing you. You will be able to get a restraining order after 1 May 1998.

Who can apply?

You can only apply for a restraining order against someone you don't have a domestic relationship. You have a domestic relationship with a person who:

• is your partner; or
• is a family member; or
• ordinarily shares a household with you (except landlord-tenant or employer-employee relationship); or
• has a close personal relationship with you.

If you have a domestic relationship with the person who is harassing you, then you can apply for a Protection Order under the Domestic Violence Act instead. See our information sheet "Young People and Domestic Violence" if you want to find out more about Protection Orders.

If you under 17 years old, a Representative must make your application for a restraining order, unless you are or have been married. A Representative is a parent, guardian or other adult who agrees to apply for a restraining order on your behalf.
A restraining order can't be made against someone under 17 years old. If you are unwilling or unable to apply for an order an application can be made by someone on your behalf.

How do I get a restraining order?

You must apply for a restraining order at the District Court. If you wish, a lawyer can help you fill out the application forms. You may be able to get Legal Aid to pay for the lawyer. Check with the lawyer or the court staff whether you can get Legal Aid. The person harassing you will be sent notice of your application and will be able to defend it.

The court will make a restraining order if it is satisfied that the person has been or is harassing you, his / her behaviour causes or threatens to cause you distress which a reasonable person in your shoes would also suffer, the amount of distress means the order should be made and the order is needed to protect your from further harassment.

What if I don't know the name and address of the person harassing me?

Under the Act it is an offence for that person to refuse to give their name and address to the police. The police can ask the person for their name and address and then give it to you, so that you can apply for an order.

What does a restraining order do?

The person who was harassing you must not:

1. Harass you or threaten to harass you; or
2. Encourage any other person to harass you.

The court may also impose any further conditions that are reasonably necessary to protect you from further harassment.

How long does a restraining order last?

A restraining order will last as long as the court considers it is necessary to protect you from further harassment. If the court doesn't say how long the restraining order will last, the order will last for 1 year.

What happens if a restraining order is ignored or breached?

If the person harassing you ignores or breaches the restraining order, he or she could be imprisoned for up to 6 months or be fined up to $5000. If that person continues to ignore or breach the order, he / she could be imprisoned for up to 2 years.

Types of Harassment: What can I do in the following situations?

Disorderly and offensive behaviour.
Threats to hurt of kill.
Someone exposing themselves or asking me to touch him/her in a sexual way
Someone peeping into my bedroom or hanging around outside my house at night time
Someone trespassing on my property
Harassment by telephone
Harassment by post
Domestic violence or harassment


There are particular types of harassment that are criminal offences, which you can complain to the police about. Some of these are listed below. You may also be able to complain to the police under the Harassment Act if the harassment is serious and has happened at least twice in a 12 month period and / or you may be able to apply for a restraining order if it is someone you are not in a domestic relationship with.

Disorderly and offensive behaviour.

Whenever I see this person in town he swears at me, threatens to beat me up and says offensive things to me. What can I do?

You can complain to the police.

It is an offence for anyone, in a public place, to behave or encourage somebody else to behave, in an offensive or disorderly manner, to threaten, insult, or offend anybody, or to say indecent or obscene things to anybody. The person doing that can be fined up to $500 (Section 4 Summary Offences Act 1981)

What if this person almost caused a fight to start?

If someone encourages somebody else to behave in an offensive manner that is likely to cause violence, that person could be imprisoned for a maximum of three months imprisonment or be fined up to $1,000 (Section 3 Summary Offences Act 1981) .

Threats to hurt of kill

Contact the police immediately if someone threatens to hurt or kill you or someone else

This is a criminal offence and the person can be prosecuted (Section 21 Summary Offences Act 1981; Sections 306 and 307 Crimes Act 1961).

Someone exposing themselves or asking me to touch him/her in a sexual way

• You can complain to the Police.

The person has committed a criminal offence and can be prosecuted (Sections 126, 133 (1)(c), 134(2)(c) Crimes Act 1961; Section 27 Summary Offences Act 1981).

Someone peeping into my bedroom or hanging around outside my house at night time

• You can complain to the Police.

This person has committed an offence and can be prosecuted (Section 30 Summary Offences Act 1981).

Someone trespassing on my property

I've moved away from home and my Dad keeps on coming over to my new flat to get me to come back home. What can I do to stop him?

• You can warn them to leave if you're the lawful occupier, or acting on behalf of the lawful occupier.

If they do not leave, you can call the police as they are committing an offence punishable by up to 3 months imprisonment or a fine of up to $1,000. It is a defence if they can show it was necessary for them to remain there for their own or someone else's protection or because of an emergency involving their, or someone else's property.

How can I make sure someone stays off my property, including when I'm not there?

Give the person a written warning to stay off your property. You can fill out the form attached to this information sheet. You will need to get it delivered personally to the person or send it by registered post to them, where they usually live. You should give the police a photocopy of the warning.

You can do this if the person:

1. is trespassing; or
2. has trespassed; or
3. you have good reason to think they are going to trespass on your property.

Anyone trespassing on your property within two years of receiving the warning has committed a criminal offence punishable by up to 3 three months imprisonment or a fine of up to $1,000. Again, it would be a defence if the trespasser can show it was necessary for them to come onto the property for their or someone else's protection of because of an emergency involving their own or someone else's property.

Anybody found on your property without reasonable excuse may be arrested and charged and may be imprisoned for up to 3 months or fined up to $2,000. However it is a defence if they can show that they had no intention to commit a crime (Section 29, Summary Offences Act 1981). If, instead, the police officer doesn't think that the person is on your property with the intention to commit a crime then instead of charging him / her they, may warn him / her to leave, and if they refuse to do so, can fine him / her up to $500.

Harassment by telephone

This guy keeps ringing me up, calling me a slut and making obscene suggestions. What can I do?

• You can complain to the Police, and / or contact Telecom.

An offence is committed by anyone who by phone:

• Makes an obscene suggestion or uses offensive, obscene or indecent language; or
• Makes sounds intended to offend and disturb (e.g. heavy breathing) or
• Uses the phone to make a fictitious order (e.g. orders a coffin or 50 pizzas to be delivered to your place).

This offence carries a maximum penalty of 3 months imprisonment or a fine of up to $2,000 (Section 8 Telecommunications Act 1987).
To contact Telecom call "123". Telecom can then trace any call made to your phone. Telephones are now available which have caller id. Blowing a whistle down the phone line is also a very effective way of deterring an offensive caller.

Harassment by post

I keep getting hate mail from my ex girlfriend. What can I do?

• You can complain to the Police.

It is an offence to send anything that:

• contains a filthy or noxious substance
• contains any obscene language or representation, or
• that has on its cover any indecent, obscene, or grossly offensive language or representation. (Sections 12, 13 and 15 Postal Services Act 1987)

I have reason to believe someone will hurt me or damage my property, someone has used insulting language against me within the last six months, or has threatened to commit assault, arson or cause willful damage

• You can apply for a bond to keep the peace.

There are three situations where a bond can be required:

1. When you have reason to believe that someone will hurt you or damage your property.

• You can apply to the District Court for an order making that person enter into a bond. You will need to satisfy the court that you have just cause for your fear before they will make the order (Section 186, 187 Summary Proceedings Act 1957).

2. When a person has used insulting language towards you, within the last six months.

• You can apply to the District Court. The court must believe that the conduct will be repeated and could cause a breach of the peace before they will make the person enter into a bond to keep the peace. (Sections 186,187 Summary Proceedings Act 1957)

3. When a person has threatened to commit assault, cause willful damage or arson.

• You MUST report this to the police. The police will then take action probably by taking a bond or issuing a restraining order. They must go to the District Court to do this. The court must be satisfied that there is good cause to fear that the person will carry out his/her threats. (Section 186,187 Summary Proceedings Act)
  

What if the person refuses to enter into a bond to keep the peace?

He / she may be put in prison for up to 2 months (Sections 189, 187 Summary Proceedings Act 1957).

What if the person breaches any of the conditions of the bond?

He / she will have to pay some money to the court, much like a fine (Section 191 Summary Proceedings Act 1957)

Anything else I need to know?

You have to make your complaint within 6 months from when the complaint arose and you should file your complaint in the nearest court to where the offence was committed. Ask the court staff to help you fill in the form and explain to you what happened at court. (Sub section 14, 18, 74 Summary Proceedings Act 1957).

Domestic violence or harassment

All of the solutions mentioned so far in this information sheet, other than that applying for a restraining order, might be suitable. However, the following may also be appropriate.

• Obtaining a protection order under the Domestic Violence Act 1995.

If you fear violence or abuse by a parent, partner, stepparent or another family member, then the Family Court can make a Protection Order. The Order can protect you from physical, sexual and psychological abuse.

The application forms are at your local Family Court. A lawyer can help you with your application and any appearances in court. The Family Court can help you find a lawyer who is experienced in family law work. If you are in immediate danger call the Police. If you have been injured take photos of your injuries and / or get a doctor to make a note of them.

Community Organisations such as Women's Refuge, YouthLaw / Tino Rangatiratanga Taitamariki, Community Law Centres, Citizen's Advice Bureaus, Victims Support, Salvation Army, Barnardos, Rape Crisis, HELP, Parentline, Parent Help can also help you.
See our information sheet on 'Young People and Domestic Violence' for more information.

Complaining under the Children, Young Persons and their Families Act 1989. If you fear violence or abuse from a parent or carer, you can contact the local Children, Young Persons and their Families Service and ask for the Duty Social Worker. If they think that there is a problem and you are in danger then they should call a family group conference so that the situation can be discussed and it can be decided what is to happen.

If it is not possible to sort the situation out through a family group conference the Department of Social Welfare can apply to the Family Court for an order, which says that you are in need of 'care and protection'. Then after hearing from you and your family about what you want, the judge can decide where you are to live. When DSW apply for that order they can then (or later on) make an application for a restraining order. This could mean that the parent or care-giver who has hit or hassled you must leave home and live elsewhere, or not come near you, and is not allowed to hit you, threaten you or follow you (e.g. to school).


WARNING TO STAY OFF UNDER THE TRESPASS ACT 1980

(To be sent by registered post or delivered personally to the addressee)


TO: .....................................................................................................


You are hereby warned to stay off the place consisting of land and dwelling house situated at:


Should you enter the land or dwelling house within two years after receiving this warning you commit a criminal offence under the Trespass Act 1980 and may be liable on conviction to a fine of up to $1,000 or to imprisonment for up to three months.


A copy of this notice has been sent to ............................. Police Station.


DATED this day of 199


Signed.............................................
Occupier



COMPLAINT FOR ORDER THAT DEFENDANT ENTER INTO A BOND TO KEEP THE PEACE

(Fear of bodily harm)


I, (full name)

of (address and occupation)

say on oath that I have cause to fear that (full name)

of (address & occupation of defendant)

will do me bodily harm.

.............................................................................
Signature of complainant



Sworn before me at this day of 199


........................................................................................................
District Court Judge/Justice of the Peace/Registrar