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.

The new law focuses on patterns of behaviour. That is important for HR and managers. One incident may not tell the full story. A message, a visit, a gift, or a person appearing near the workplace might seem minor in isolation. When those things repeat, escalate, or make a worker feel unsafe, they need to be taken seriously.

Employers are not expected to decide whether a criminal offence has occurred. That is for Police and the courts. However, employers do need to think about whether there is a work-related risk and what practical steps can be taken to keep people safe.

This is a good time to review workplace policies and processes. Bullying and harassment policies, customer conduct expectations, family violence support, privacy settings, social media use, security procedures, and health and safety risk assessments may all need a refresh.

Privacy is a particularly important part of this. Rosters, surnames, phone numbers, work locations, staff photos, emergency contacts, vehicle details, and online profiles can all increase risk if they are too widely available. HR should check who can access employee information, what is visible to customers or the public, and whether all of that visibility is genuinely necessary.

Managers also need to know how to respond if someone raises a concern. The first response matters. A worker should not be made to feel they are overreacting or bringing a “personal issue” into work. A good response is calm, practical, and confidential: listen, record the concern, assess immediate safety, and escalate to the right person.

For some workplaces, especially hospitality, retail, healthcare, transport, education, social services, and late-night or lone-working environments, the risks may be higher. Practical controls could include changing rosters, removing a worker from customer-

facing duties for a period, arranging safe transport, using buddy systems, trespassing a customer, improving lighting or security, or moving communication to monitored business channels.

The key message is simple: workplaces should not wait until unwanted behaviour becomes severe before acting. Clear reporting channels, trained managers, careful handling of employee information, and practical safety planning can make a significant difference.

Need help checking whether your workplace policies and response processes are up to date? EASI NZ can review your current approach and help you identify practical steps to manage stalking, harassment, privacy, and workplace safety risks. Get in touch with us to discuss what your organisation may need.