New Zealand Acts

HARASSMENT ACT 1997 - SECT 25

25 Offence to contravene restraining order

1 Every person commits an offence who, without reasonable excuse,—

a) does any act in contravention of a restraining order; or

b) fails to comply with any condition of a restraining order.

2 Subject to subsection (3), every person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $5,000.

3 Every person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 2 years where—

a) that person has previously been convicted on at least 2 different occasions of a qualifying offence; and

b) at least 2 of those qualifying offences were committed not earlier than 3 years before the commission of the offence being dealt with by the court.

4 For the purposes of subsection (3), a qualifying offence, in relation to the offence being dealt with by the court, is an offence against subsection (1), where the 2 offences are committed in respect of—

a) the same restraining order; or

b) restraining orders made for the benefit of the same person.

Note: 1995 No 86 s 49

History: Section 25(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).   Section 25(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).