Stalking and Family Violence

The system finally caught up. Here is how you use the new laws to protect yourself.

The Universal Safety Clause

No matter where you are, no matter what time it is, and no matter who you are with—nobody has the right to offer you harm. Violence, threats, and abuse are never your fault, and they are never “part of the deal.” If you are in immediate danger right now, call 111.

  • The “55” Silent Call: If you call 111 from a mobile but cannot speak safely, press 55 on your keypad when the operator answers. This flags a genuine emergency and alerts them to dispatch help immediately.

1. The Law: Stalking is a Standalone Crime

As of 26 May 2026, the Crimes Legislation (Stalking and Harassment) Amendment Act 2025 is officially in effect. Stalking is now a standalone criminal offence under the Crimes Act 1961, carrying a maximum penalty of 5 years in prison. It applies regardless of your relationship with the person—whether they are an ex, a classmate, or a stranger.

  • The Legal Threshold: A prosecution requires a pattern of behavior defined as two or more “specified acts” within a 24-month window where the offender knew (or should have known) their behavior would cause fear or distress.
  • Identical Acts Count: The two acts do not have to be different. The law explicitly states they can be the exact same type of behavior twice (e.g., two separate instances of unwanted texting).
  • Early Police Power (The Stalking Notice): Police do not have to wait for a full pattern to intervene. After a single incident, police can issue a formal Stalking and Harassment Notice—an official criminal warning. Legally, police must consult with you before serving this notice so you can activate a safety plan in case of retaliation.
  • Court Safeguards: Stalkers who choose to represent themselves in court are legally banned from cross-examining you on the witness stand. Furthermore, a conviction carries an automatic 10-year ban on holding a firearms license. If a judge discharges an offender without conviction, the court can still attach Restraining Orders and Harmful Digital Communications Orders at the exact same time.

2. The Four “Impact Zones” of Stalking

As a Social Worker, I categorize stalking into four distinct zones. If someone is targeting you with actions from two or more of these zones within a two-year period, it meets the legal threshold for criminal stalking in NZ.

Zone 1: Physical Surveillance & Loitering

  • Following/Watching: Being followed home from work/uni, or seeing them parked outside your house, gym, or friends’ places.
  • Loitering: Hanging around the supermarket, your campus, or your favorite park “coincidentally.”
  • Obstruction: Physically blocking your path or stopping you from leaving a vehicle or building.
  • Property Interference: Trespassing, or “messing” with things (moving outdoor furniture, opening gates) just to let you know they were there.

Zone 2: The Digital Shadow (Cyberstalking)

  • Tracking Devices: Hiding an Apple AirTag or Bluetooth tracker in your car, bag, jacket, or belongings.
  • Spyware: Installing “Stalkerware” on your phone to read your texts, view photos, track your GPS, and listen to calls.
  • Doxing: Publishing your private information (address, phone number, workplace) online to encourage others to harass you.
  • Impersonation: Creating fake social media profiles in your name to ruin your reputation or message your friends.

Zone 3: Intrusive Communication

  • The Barrage: Flooding your phone with dozens of texts or calls a day, often swinging wildly between “I love you” and threats.
  • Proxy Stalking: Recruiting their friends, family, or people you know to pass on messages or “keep tabs” on you.
  • Unwanted Gifts: Sending flowers, notes, or tokens to your workplace or home after you’ve explicitly demanded no contact.
  • Vexatious Litigation: Weaponizing the court system by filing endless, unnecessary legal applications just to force you to see them.

Zone 4: Life Sabotage

  • Workplace Harassment: Contacting your boss with false allegations or showing up at your job to cause a scene.
  • Reputation Attacks: Spreading malicious rumors to your neighbors, friends, or clubs to isolate you.
  • Threatening Pets: Harming, “kidnapping,” or threatening your animals. In NZ law, interfering with pets is explicitly listed as a stalking act.
  • Interfering with Taonga: Intentionally damaging, hiding, or taking items that hold deep cultural, spiritual, or personal significance to you.

3. Collecting Your “Evidence Log”

Because the new law relies entirely on proving a pattern, your most powerful tool is an Evidence Log. Stalking is designed to make you feel crazy—tracking it objectively anchors you in reality. You are not overreacting; you are documenting a crime.

  • Don’t Delete: Keep all texts, emails, DMs, and call logs.
  • Screenshots: Screenshot everything before they can delete it or unsend it.
  • The Log: Keep a secure diary. Format it like this:
DateWhat happened?Witnesses / Evidence?How did it make you feel?
14/02/26Parked outside my work at 5pmCoworker saw him; photo takenFearful, shaky, unsafe
20/02/26Sent 14 emails from a new addressScreenshots saved to safe folderDistressed, trapped, anxious

Safety Note: Do not keep this log on your main phone notes app or anywhere a shared account can see it. Send it to a secret, brand-new email address or keep a physical copy hidden with a trusted friend.

4. The Tech Safety Sweep Guide

If you suspect you are being tracked digitally, follow these steps methodically.

  • Crucial Strategy: Finding a tracker can be an emotional relief, but disabling it instantly alerts the stalker. Only disable or remove a tracker when you have reached a safe location or have a safety plan in place.

Step 1: Smartphone Health Check

  • Check for Hidden Apps (iPhone): Go to Settings > General > iPhone Storage. Scroll through the list and look for apps you don’t recognize or that have generic names (e.g., “System Update” or a duplicate “Calculator”).
  • Check for Hidden Apps (Android): Go to Settings > Apps > See all apps. Look for apps with “Device Admin” permissions, which can prevent them from being easily deleted.
  • Review Location Sharing (iPhone): Open the Find My app and tap the People tab. Ensure you aren’t unknowingly sharing your location.
  • Review Location Sharing (Android): Open Google Maps, tap your profile icon, and select Location sharing.
  • Privacy Dots: Watch the top corners of your screen. If a small green or orange dot appears when you aren’t actively using your camera or microphone, an app may be listening or watching in the background.

Step 2: Detecting Bluetooth Trackers & AirTags

  • Automatic Alerts: Both modern iPhone and Android systems automatically push “Unknown Tracker Detected” notifications if a tracker that doesn’t belong to you is moving with you over time.
  • Manual Scanning (Android): You do not strictly need a standalone app anymore. Go directly to Settings > Safety & Emergency > Unknown tracker alerts and tap Scan Now. (You can still use Apple’s Tracker Detect app via the Play Store if desired).
  • Manual Scanning (iPhone): Open the Find My app, select the Items tab, and tap Items Detected with You. Use the “Play Sound” feature to force the hidden tracker to beep so you can locate it.

Step 3: Physical Vehicle Sweep

If your phone is clean but they always know where you are, check your car using a flashlight or small mirror:

  • Exterior: Feel behind the plastic lining of all four wheel wells. Check the metal frame directly behind the front and rear plastic bumpers. Look for small, magnetic boxes attached anywhere on the underside of the car’s chassis.
  • Interior: Look under the steering column/dashboard on the driver’s side to see if a device is plugged into your rectangular OBD-II port. Check deep inside the glove box, center console lining, and look inside the spare tire well in the boot.
  • If you find one: Do not destroy it. Take a photo of it exactly where it was hidden. If it’s an AirTag, hold the top of your phone near it; a serial number webpage will pop up. Screenshot this immediately—it is your physical evidence for the police.

5. Specialized National Support Network

You don’t have to navigate this system alone. Use these direct, national resources for safety planning, legal protection, and tech security.

Emergency & Crisis

  • NZ Police (111): Call immediately if you are being followed, cornered, or feel unsafe right now. Use the 105 lines to report past stalking incidents under the new law.
  • Women’s Refuge (0800 733 843): 24/7 national crisis line. They provide safe housing and specialist Advocates who will walk you through the process of applying for Protection Orders and dealing with the police under the new stalking framework.

Tech & Cyberstalking Security

  • Netsafe (0508 638 723): The experts in tech-facilitated abuse. If your stalker is doxing you, using intimate images without consent, or executing online harassment, Netsafe can provide technical safety advice and help legally enforce the removal of harmful content.
  • CERT NZ: National cyber security body. If your primary emails, Apple ID, Google accounts, or online banking have been compromised or hacked by a stalker, they provide direct guidance on reclaiming your digital identity.

Safety Planning & Court Advocacy

  • Shine (0508 744 633): Free national helpline open 9am to 11pm. Specialists in safety planning, they will map out secure daily routines, help secure your physical home, and assist with family violence navigation.
  • Victim Support (0800 842 846): 24/7 free service. They assign a dedicated caseworker to attend police interviews and court trials right beside you. They also directly administer the Victim Financial Assistance Grant, which can pay for urgent relocation costs, emergency lock changes, or installing security systems if you have an active stalker.

Legal & Specialized Support

  • Community Law Centres of Aotearoa: Offers free legal advice across the country. They can review your Evidence Log and help you understand if your situation meets the criminal threshold for a police prosecution.
  • Auckland Women’s Centre: A primary advocacy hub for this legislation. They provide targeted support, community resources, and direct assistance for victims navigating harassment. (Tip: You can save their comprehensive response guides directly as an offline PDF for private reading).
  • Shakti (0800 742 584): 24/7 culturally specialized support, safe houses, and advice for migrant or refugee women, offering services in multiple languages.
  • Safe to Talk (0800 044 334 / Text 4334): The national, confidential sexual harm helpline if the stalking behavior involves sexual threats, digital extortion, or harassment.