New Zealand Acts

HARASSMENT ACT 1997 - SECT 26

26 Power to require person to supply name and address

1 This section applies where—

a) a complaint is made to a constable alleging that a particular person (in this section referred to as the alleged harasser) is harassing, or has harassed, another person; and

b) the person making the complaint does not know the name, or the address, or both, of the alleged harasser.

2 It is not necessary, for the purposes of this section, that the harassment to which the complaint relates constitutes an offence against section 8 .

3 Where this section applies, and a constable has reasonable ground to suppose that the alleged harasser is harassing, or has harassed, the complainant,—

a) any constable may require the alleged harasser to give particulars of his or her name and address to that constable; and

b) that constable must tell the alleged harasser, at the time of requiring the particulars, that the particulars are being required under this section.

4 If the constable has reasonable ground to suppose that any such particulars are false, that constable may require the alleged harasser to supply satisfactory evidence of those particulars.

5 If any person, without reasonable excuse, refuses or fails to supply any particulars or evidence when required to do so by any constable under this section, and persists in that refusal or failure after being warned by the constable, that person may be arrested, without warrant, by any constable.

6 For the purposes of this section, an alleged harasser includes a person who is being, or has been, encouraged, by another person, to do any specified act to a person.

7 Nothing in this section limits or affects any other power conferred on a constable to require a person to supply any particulars.

Note: 1989 No 63 s 176(1)–(3)

History: Section 26(1)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).   Section 26(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).     Section 26(3)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).     Section 26(3)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).     Section 26(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).     Section 26(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).     Section 26(7): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).