New Zealand Acts

HARASSMENT ACT 1997 - SECT 16

16 Power to make restraining order

1 Subject to section 17 , the court may make a restraining order if it is satisfied that—

a) the respondent has harassed, or is harassing, the applicant; and

b) the following requirements are met:

i) the behaviour in respect of which the application is made causes the applicant distress or threatens to cause the applicant distress; and

ii) that behaviour would cause distress, or would threaten to cause distress, to a reasonable person in the applicant's particular circumstances; and

iii) in all the circumstances, the degree of distress caused or threatened by that behaviour justifies the making of an order; and

c) the making of an order is necessary to protect the applicant from further harassment.

2 For the purposes of subsection (1)(a), a respondent who encourages another person to do a specified act to the applicant is regarded as having done that specified act personally.

3 To avoid any doubt, an order may be made under subsection (1) where the need for protection arises from the risk of the respondent doing, or encouraging another person to do, a specified act of a different type from the specified act found to have occurred for the purposes of paragraph (a) of that subsection.

Note: 1995 No 86 s 14