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.

1. Refresh relevant policies

Review bullying, harassment, sexual harassment, family violence, customer conduct, social media, privacy, workplace violence, and health and safety policies. Make sure stalking-type behaviours are clearly named as unacceptable conduct where they affect the workplace.

This is also a good time to check that reporting options are simple, visible, and safe for workers to use.

2. Build a clear response pathway

Have a practical process for responding when a worker raises concerns about stalking or unwanted attention. The pathway should cover who receives the disclosure, how confidentiality will be protected, what immediate safety steps may be taken, when Police or security should be contacted, and what support is available.

Do not require the worker to prove that a crime has occurred before workplace controls are considered. HR can act on risk.

3. Tighten privacy and information access

Check who can access employee phone numbers, addresses, emergency contacts, rosters, work locations, vehicle details, photos, personal emails, and leave information.

Practical changes might include limiting roster visibility, using first names only on public-facing rosters, removing surnames from receipts or booking systems where possible, reviewing website staff profiles, and tightening HRIS and payroll access.

4. Risk-assess higher-exposure roles

Pay particular attention to roles involving late-night work, lone work, hospitality, retail, healthcare, social services, security, transport, real estate, education, community work, or a high public profile.

Look at lighting, car parks, closing procedures, transport home, duress processes, CCTV, supervisor coverage, and whether someone can avoid working alone after a disclosure.

5. Train managers and frontline leaders

The first response matters. Managers should know how to listen, record key facts, protect privacy, avoid victim-blaming, and escalate concerns quickly.

They should also understand that a pattern may only become obvious when separate incidents are put together. A gift, message, visit, or customer request may seem minor on its own. Repetition can change the picture.

6. Manage customer and client behaviour

Customer-facing workplaces should have a process for restricting contact, changing service arrangements, trespassing a customer where appropriate, allocating another staff member, using security support, or moving communication to monitored business channels.

Staff should know they do not have to tolerate repeated unwanted contact simply because the person is a customer.

7. Strengthen digital safety

Review how staff are exposed online, including website bios, staff photos, name badges, social media tagging, work phones, customer messaging platforms, and any use of personal devices for work.

HR, IT, and managers should work together to reduce unnecessary visibility and limit the risk of personal information being misused.

8. Prepare safety planning options

Have a simple safety plan template ready. Options may include temporary roster changes, alternative work locations, updated contact details, removing direct customer contact, parking support, security escorts, buddy systems, call-screening, EAP referral, leave, flexible work, or Police contact where there is immediate risk.

Where the situation overlaps with family violence, remember that family violence leave and short-term flexible working arrangements may also be relevant.

9. Handle evidence carefully

Workers may hold screenshots, call logs, messages, gifts, CCTV references, or witness details. Decide how this material will be received, stored, and shared. Keep it secure and limit access to those who genuinely need it for safety, employment process, legal, or Police reasons.

10. Follow a fair process if the alleged person is a worker

If the concern involves an employee, use a fair employment process before taking disciplinary action. Interim safety steps may still be appropriate, such as separating shifts or reporting lines, but avoid predetermination.

The key message is simple: act early, protect privacy, support the worker, and manage the risk. Stalking and harassment may sit in criminal law, but the workplace response is firmly part of good HR practice.

Need help reviewing your workplace response?

EASI NZ can help you check whether your current policies, reporting pathways, privacy settings, and manager guidance are ready for these changes.

Whether you need a quick policy review, practical safety planning support, or help working through a specific workplace concern, we can provide clear, down-to-earth advice tailored to your organisation.

Get in touch with EASI NZ to review your approach to stalking, harassment, privacy, and workplace safety risks before an issue arises.