Stalking and harassment legislation
A. L. made this Official Information request to New Zealand Police
Response to this request is delayed. By law, New Zealand Police should normally have responded promptly and by (details and exceptions)
From: A. L.
Dear New Zealand Police,
Since the new stalking and harassment legislation has come into operation and associated fact sheets have been released to the public, I note that some definitions and examples may be open to interpretation in practice.
I request the following information under the Official Information Act 1982:
1. Interpretation of “specified act”
Please provide any operational guidance, policy documents, training materials, manuals, or decision-making frameworks used by New Zealand Police that explain how the term “specified act” is interpreted and applied in practice under the harassment provisions.
In particular, I request documents addressing whether:
- the list of “specified acts” is treated as exhaustive or illustrative; and
- conduct not expressly listed in legislation may nevertheless be treated as falling within a specified act category for investigation or enforcement purposes.
2. Encounter-based harassment (non-stalking context)
Please provide any operational guidance, policy material, or training documents that address how harassment is assessed where the alleged conduct arises during incidental or face-to-face encounters between individuals, rather than through surveillance, following, monitoring, or other ongoing pursuit-type behaviour.
This includes guidance on situations where:
- the alleged behaviour occurs only when the parties come into contact or proximity with one another;
- the conduct is not characterised by active following, tracking, or surveillance; and
- the behaviour is alleged to be repeated across separate encounters and directed at a specific individual in those contexts.
3. Harassment vs stalking classification
Please provide any documents that explain how New Zealand Police distinguish between:
- harassment-type offending, and
- stalking-type offending,
including any guidance on whether these are treated as distinct categories in operational practice.
4. Reasonable person test and contextual assessment
Please provide any guidance or training materials that explain how the “reasonable person” test is applied in harassment assessments where contextual factors may be determinative of whether conduct is considered fear or distress inducing.
In particular, I request material addressing whether and how the assessment is influenced by surrounding circumstances, including but not limited to:
- prior history of interactions between the parties;
- prior disclosure by the affected person that the behaviour is distressing;
- known vulnerability or sensitivity of the affected person; and
- power imbalance between the parties.
5. Knowledge of impact
Please provide any guidance or operational material describing how Police assess whether a person knew or ought to have known that their conduct would cause fear or distress.
If any part of this request requires clarification in order to be processed, could you please request that I refine the scope rather than refusing the request outright.
Where information is withheld or not held, please specify the grounds for withholding under the Official Information Act 1982, or confirm that the information is not held.
Yours faithfully,
A. L.
From: Ministerial Services
New Zealand Police
Tēnā koe
I acknowledge receipt of your Official Information Act 1982 (OIA) request below.
Your reference number is IR-01-26-20315.
You can expect a response to your request on or before 1 July 2026 unless an extension is needed.
Ngā mihi
Lisa
Ministerial Services
Police National Headquarters
-----Original Message-----
From: A. L. <[FOI #34841 email]>
Sent: Wednesday, 3 June 2026 2:24 PM
To: Ministerial Services <[email address]>
Subject: [EXTERNAL] Official Information request - Stalking and harassment legislation
CAUTION: This email originated from outside the New Zealand Police Network. DO NOT click links or open attachments unless you recognise the sender and are assured that the content is safe.
Dear New Zealand Police,
Since the new stalking and harassment legislation has come into operation and associated fact sheets have been released to the public, I note that some definitions and examples may be open to interpretation in practice.
I request the following information under the Official Information Act 1982:
1. Interpretation of “specified act”
Please provide any operational guidance, policy documents, training materials, manuals, or decision-making frameworks used by New Zealand Police that explain how the term “specified act” is interpreted and applied in practice under the harassment provisions.
In particular, I request documents addressing whether:
- the list of “specified acts” is treated as exhaustive or illustrative; and
- conduct not expressly listed in legislation may nevertheless be treated as falling within a specified act category for investigation or enforcement purposes.
2. Encounter-based harassment (non-stalking context)
Please provide any operational guidance, policy material, or training documents that address how harassment is assessed where the alleged conduct arises during incidental or face-to-face encounters between individuals, rather than through surveillance, following, monitoring, or other ongoing pursuit-type behaviour.
This includes guidance on situations where:
- the alleged behaviour occurs only when the parties come into contact or proximity with one another;
- the conduct is not characterised by active following, tracking, or surveillance; and
- the behaviour is alleged to be repeated across separate encounters and directed at a specific individual in those contexts.
3. Harassment vs stalking classification
Please provide any documents that explain how New Zealand Police distinguish between:
- harassment-type offending, and
- stalking-type offending,
including any guidance on whether these are treated as distinct categories in operational practice.
4. Reasonable person test and contextual assessment
Please provide any guidance or training materials that explain how the “reasonable person” test is applied in harassment assessments where contextual factors may be determinative of whether conduct is considered fear or distress inducing.
In particular, I request material addressing whether and how the assessment is influenced by surrounding circumstances, including but not limited to:
- prior history of interactions between the parties;
- prior disclosure by the affected person that the behaviour is distressing;
- known vulnerability or sensitivity of the affected person; and
- power imbalance between the parties.
5. Knowledge of impact
Please provide any guidance or operational material describing how Police assess whether a person knew or ought to have known that their conduct would cause fear or distress.
If any part of this request requires clarification in order to be processed, could you please request that I refine the scope rather than refusing the request outright.
Where information is withheld or not held, please specify the grounds for withholding under the Official Information Act 1982, or confirm that the information is not held.
Yours faithfully,
A. L.
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This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FOI #34841 email]
Is [New Zealand Police request email] the wrong address for Official Information requests to New Zealand Police? If so, please contact us using this form:
https://fyi.org.nz/change_request/new?bo...
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.
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WARNING
The information contained in this email message is intended for the addressee only and may contain privileged information. It may also be subject to the provisions of section 50 of the Policing Act 2008, which creates an offence to have unlawful possession of Police property. If you are not the intended recipient of this message or have received this message in error, you must not peruse, use, distribute or copy this message or any of its contents. Also note, the views expressed in this message may not necessarily reflect those of the New Zealand Police. If you have received this message in error, please email or telephone the sender immediately
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From: Ministerial Services
New Zealand Police
Kia ora
I refer to your request below. Police requires an extension of time in which to respond to your request, pursuant to section 15A(1) of the Official Information Act 1982 (OIA). Specifically, section 15A(1)(b), consultations necessary to make a decision on the request are such that a proper response to the request cannot reasonably be made within the original time limit.
Police requires until 30 July 2026 to provide a substantive response to your request, however we are endeavouring to provide this to you as soon as possible.
You have the right, under section 28(3) of the OIA, to make a complaint to an Ombudsman about this extension. Information about how to make a complaint is available at www.ombudsman.parliament.nz or freephone 0800 802 602.
Ngā mihi,
Tracy
Senior Advisor | Ministerial Services
Police National Headquarters
-----Original Message-----
From: Ministerial Services
Sent: Monday, 8 June 2026 1:16 PM
To: A. L. <[FOI #34841 email]>
Subject: Acknowledgement of your OIA Request, IR-01-26-20315
Tēnā koe
I acknowledge receipt of your Official Information Act 1982 (OIA) request below.
Your reference number is IR-01-26-20315.
You can expect a response to your request on or before 1 July 2026 unless an extension is needed.
Ngā mihi
Lisa
Ministerial Services
Police National Headquarters
-----Original Message-----
From: A. L. <[FOI #34841 email]>
Sent: Wednesday, 3 June 2026 2:24 PM
To: Ministerial Services <[email address]>
Subject: [EXTERNAL] Official Information request - Stalking and harassment legislation
CAUTION: This email originated from outside the New Zealand Police Network. DO NOT click links or open attachments unless you recognise the sender and are assured that the content is safe.
Dear New Zealand Police,
Since the new stalking and harassment legislation has come into operation and associated fact sheets have been released to the public, I note that some definitions and examples may be open to interpretation in practice.
I request the following information under the Official Information Act 1982:
1. Interpretation of “specified act”
Please provide any operational guidance, policy documents, training materials, manuals, or decision-making frameworks used by New Zealand Police that explain how the term “specified act” is interpreted and applied in practice under the harassment provisions.
In particular, I request documents addressing whether:
- the list of “specified acts” is treated as exhaustive or illustrative; and
- conduct not expressly listed in legislation may nevertheless be treated as falling within a specified act category for investigation or enforcement purposes.
2. Encounter-based harassment (non-stalking context)
Please provide any operational guidance, policy material, or training documents that address how harassment is assessed where the alleged conduct arises during incidental or face-to-face encounters between individuals, rather than through surveillance, following, monitoring, or other ongoing pursuit-type behaviour.
This includes guidance on situations where:
- the alleged behaviour occurs only when the parties come into contact or proximity with one another;
- the conduct is not characterised by active following, tracking, or surveillance; and
- the behaviour is alleged to be repeated across separate encounters and directed at a specific individual in those contexts.
3. Harassment vs stalking classification
Please provide any documents that explain how New Zealand Police distinguish between:
- harassment-type offending, and
- stalking-type offending,
including any guidance on whether these are treated as distinct categories in operational practice.
4. Reasonable person test and contextual assessment
Please provide any guidance or training materials that explain how the “reasonable person” test is applied in harassment assessments where contextual factors may be determinative of whether conduct is considered fear or distress inducing.
In particular, I request material addressing whether and how the assessment is influenced by surrounding circumstances, including but not limited to:
- prior history of interactions between the parties;
- prior disclosure by the affected person that the behaviour is distressing;
- known vulnerability or sensitivity of the affected person; and
- power imbalance between the parties.
5. Knowledge of impact
Please provide any guidance or operational material describing how Police assess whether a person knew or ought to have known that their conduct would cause fear or distress.
If any part of this request requires clarification in order to be processed, could you please request that I refine the scope rather than refusing the request outright.
Where information is withheld or not held, please specify the grounds for withholding under the Official Information Act 1982, or confirm that the information is not held.
Yours faithfully,
A. L.
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FOI #34841 email]
Is [New Zealand Police request email] the wrong address for Official Information requests to New Zealand Police? If so, please contact us using this form:
https://fyi.org.nz/change_request/new?bo...
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.
-------------------------------------------------------------------
===============================================================
WARNING
The information contained in this email message is intended for the addressee only and may contain privileged information. It may also be subject to the provisions of section 50 of the Policing Act 2008, which creates an offence to have unlawful possession of Police property. If you are not the intended recipient of this message or have received this message in error, you must not peruse, use, distribute or copy this message or any of its contents. Also note, the views expressed in this message may not necessarily reflect those of the New Zealand Police. If you have received this message in error, please email or telephone the sender immediately
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