This is a new area of law, and it works differently to how stalking-type behaviour has been dealt with in the past. Rather than requiring a single serious incident, the offence is based on a pattern of behaviour with specified acts occurring on at least two separate occasions within a two-year period where the person knew their actions were likely to cause fear or distress. Specified acts under the legislation include following, tracking, watching, unwanted communication, and damaging a person’s reputation, relationships or property.
Because this offence is so new, how it is charged, defended and interpreted by the Courts is still developing. Getting the right advice early matters, particularly around what conduct genuinely falls within the pattern the Crown must prove, and what may fall outside it.
Police can also issue a stalking and harassment notice after a single incident, warning that further behaviour may amount to an offence. If you have received a notice, or believe you may be under investigation, getting advice before matters escalate can make a real difference to the outcome.
These cases can also intersect with protection orders and Family Court proceedings. We will work alongside your family lawyer where relevant, to ensure a clear, coordinated strategy across both processes.
If you’re facing a stalking or harassment charge or have received a Police notice and need an Auckland criminal lawyer, contact Bloem Law.