Stalking and harassment: what HR should be thinking about now

New Zealand now has a standalone criminal offence for stalking and harassment. The Crimes Legislation (Stalking and Harassment) Amendment Act 2025 received Royal assent on 26 November 2025 and comes into force on 26 May 2026.

For HR, this is more than a criminal law update. It is a prompt to check whether workplace policies, safety planning, privacy settings, and manager training are fit for purpose.

The new offence is based on a pattern of behaviour. That means specified behaviour occurring at least twice within a two-year period, where the person knows it is likely to cause fear or distress. In a workplace context, that might include repeated unwanted contact, following, monitoring, loitering near work, sending unwanted gifts, online contact, reputation damage, doxing, or using workplace information to track when and where someone is working.

Employers are not expected to investigate stalking in the way Police would. However, if the behaviour creates a work-related risk, the employer needs to respond. That may include risks involving customers, clients, contractors, former employees, current employees, or someone connected to a worker’s personal life.

Here are the key areas HR should review over the next few months…

Stalking and harassment: what the new law means for workplaces

New Zealand now has a standalone criminal offence for stalking and harassment. The change came into force on 26 May 2026 and gives clearer recognition to repeated behaviour that can cause fear, distress, or a real sense of being unsafe.

For workplaces, this is worth paying attention to.

Stalking is not always something that happens “outside work”. In some cases, the workplace is where the behaviour starts. It might involve a customer repeatedly asking for a particular staff member, someone waiting near the workplace, persistent messages through social media, unwanted gifts, or a person using work information to track when and where someone is working.

It can also happen within an organisation, including between current or former colleagues. Where there are power dynamics, close working relationships, or concerns about not being believed, affected workers may be reluctant to speak up early.

Last month, Parliament passed the Employment Relations (Employee Remuneration Disclosure) Amendment Act, introducing new rules around pay transparency.

In simple terms, employers can no longer take disciplinary action against an employee for discussing their pay or asking about someone else’s. This applies even if the Employment Agreement contains a pay secrecy clause.

This brings New Zealand in line with countries such as Australia and is aimed at reducing unfair pay gaps — particularly those affecting women, Māori, Pasifika, and other groups at higher risk of pay inequities.

"I would appreciate it if you could be more mindful of your words/actions. In other words, don’t be a sh*the@d.”

Magnum Hire learnt this the hard way. And, it was an expensive lesson: $137,463 plus bonus and holiday pay to be exact

The employment relations authority made it very clear that an owner/ director of a company is not allowed to create an unsafe workplace by yelling at and belittling managers to the point where they are suffering from anxiety, panic attacks, depression and symptoms of post-traumatic stress disorder.