New Zealand Acts

HARASSMENT ACT 1997 - SECT 18

18 Protection from respondent's associates

1 Subject to subsection (2), if the court makes a restraining order against the respondent, the court may direct that the order also apply against another person if the respondent is encouraging, or has encouraged, that other person to do any specified act to the applicant.

2 No direction may be made under subsection (1) in respect of a person unless the court is satisfied that—

a) the person is doing, or has done, a specified act to the applicant; and

b) the following requirements are met:

i) the person's behaviour 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 a direction under this section; and

c) the making of a direction under this section is necessary to protect the applicant from further harassment.

3 A direction may be made under subsection (1) whether the person in respect of whom the direction is sought did the specified act to the applicant before or after a restraining order was made.

4 Sections 16(2), 16(3), and 17 apply, with the necessary modifications, in respect of an application for a direction under subsection (1).

Note: 1995 No 86 s 17