Parliament has passed significant reforms to better recognise the harm caused by stalking and to ensure offenders can be effectively prosecuted. The Crimes Legislation (Stalking and Harassment) Amendment Bill, which passed its third reading on 19 November 2025, introduces a new standalone offence into the Crimes Act 1961, punishable by up to five years’ imprisonment.

The new law acknowledges that stalking is not a series of isolated incidents. It is a pattern of unwanted, persistent, and intrusive behaviour that can cause serious emotional, psychological, social, and economic harm – and it often escalates.

The legislation comes into force in May 2026.

What does the new offence cover?

A person can be prosecuted for stalking and harassment if they:

• • engage in a pattern of behaviour by doing any specified act on two separate occasions within a two-year period, and

• • do so knowing the behaviour is likely to cause fear or distress.

The legislation sets out an extensive range of stalking behaviours. These include:

• • watching, following, loitering near, or obstructing a person

• • recording or tracking their movements

• • unwanted or persistent communication (including digital contact)

• • damaging, moving, or interfering with their property, pets, or taonga

• • undermining a person’s reputation, opportunities, or relationships

• • doxing and other forms of online intrusion

• • any act that would cause a reasonable person to feel fear or distress

Crucially, the new offence captures behaviours that may previously have fallen outside criminal liability, such as giving unwanted gifts, monitoring someone, or maintaining unwanted contact, if they form part of a pattern of stalking.

Why this matters for employers

Under the Health and Safety at Work Act 2015, employers have a legal obligation to provide a safe workplace. Stalking and harassment, whether carried out by colleagues, clients, customers, or third parties outside the business, pose serious risks to employee wellbeing and organisational safety.

The new offence strengthens the framework for recognising and responding to these behaviours, and employers should act now to ensure their systems and policies are fit for purpose.

Key considerations for employers include:

• • Recognising stalking behaviours early
    Not all behaviours appear threatening at first glance, but patterns can develop quickly.

• • Creating clear, confidential reporting channels
    Employees must know where to go and trust that concerns will be taken seriously.

• • Taking immediate and appropriate action
    This may include:
    
    • • promptly investigating concerns
    • • documenting all incidents
    • • reporting to Police where behaviour appears to meet the threshold for criminal offending

• • Updating policies and training
    Bullying and harassment policies should expressly reference stalking, describe the types of conduct covered, and reinforce expectations for staff.

• • Protecting privacy and minimising harm
    Sensitive information about affected employees must be handled carefully to avoid compounding distress.

Need support?

If you’d like guidance on your responsibilities or would like assistance reviewing or updating your relevant policies, our team is here to help.
Contact us at admin@cmalaw.co.nz.

Disclaimer: This update provides commentary on employment law, health and safety and immigration topics, it should not be used as a substitute for legal or professional advice for specific situations. Please seek legal advice from your lawyer for any questions specific to your workplace.