Reporting stalking to the police

If you are in immediate danger; call 111, say you need the police and tell them you are in danger, and it is urgent.

We acknowledge not everybody feels safe or comfortable contacting the police. Some people experiencing stalking have found the police to be helpful and understanding, while others have felt judged and/or had their concerns ignored, minimised, and not taken seriously.

Some victim-survivors have found the stalker chooses to react in anger and/or violence when police become involved, without police involvement making the victim-survivor any safer. You may wish to take extra precautions if the stalker knows you’ve contacted police. Be clear with police that you need to know what they are doing and when.

victims' rights
why report to police?
when is stalking a crime?
Stalking response guide main menu
non-emergency reporting options
reporting tips
support or lawyer consultation

Victims' rights

Under the NZ Victims’ Rights Act 2002, police and other professionals in the criminal justice system are legally obliged to treat victims with courtesy and compassion and respect victim’s dignity and privacy.

The Victim’s Code sets out the rights for all victims of crime in Aotearoa New Zealand. It is available as a PDF in English, Māori, and several other languages: Arabic, Chinese, Fijian, Hindi, Korean, Samoan and Somali

You have the right to request a copy of your police report. You also have the right to receive information including about the progress of any investigation, reasons for not laying charges, any charges laid, changes to the charges, and the outcome of any prosecution.

You have the right to request a copy of your police report. If you feel your case wasn’t handled properly, you can make a complaint to the police by using their online complaints form or by going to any police station, or you can make a complaint to the Independent Police Conduct Authority. Or you might want to talk to a support organisation such as Women’s Refuge or Victim Support to ask if they can advocate on your behalf with police.

Why report to police?

If you are in immediate danger; call 111, say you need the police and tell them you are in danger, and it is urgent.

Even if you are not in immediate danger, you may wish to report stalking to the police in order:

  • To ask the police to warn the person to stop stalking you.
    • Stalking does not have to meet the definition/criteria of a stalking crime for police to warn the person to stop.
    • The warning may stop some people from stalking. And if the stalking continues, the warning means the stalker is presumed to know any future similar behaviour may be considered a crime.
    • The warning tells the person that they are doing something that is causing or likely to cause fear or distress (which is part of the definition of stalking as a crime); and that therefore what they are doing may amount to an offense.
    • The police can decide whether or not to warn the person. If they decide to warn the person, they do not need your permission to do so but they must inform you first.  This requirement to notify the person targeted by stalking is designed to increase victim safety, and is part of the new stalking law.
  • To request the police to investigate, and/or arrest the person stalking. For some people (although not all), conviction can act as a deterrent to further stalking. Police can arrest someone for stalking if there is evidence the stalker has stalked you on at least two occasions within a 2-year period, and there is evidence that they knew their behaviour was likely to cause you fear or distress. If police consider there is already sufficient evidence of stalking, they can decide to immediately arrest the stalker – they do not have to warn them first and wait until “next time”.
  • To ask the police to serve a trespass notice.
  • To ask for a Police Safety Order against someone you live with, e.g. to give you time to arrange a Protection Order.

When is stalking a crime?

(Note you may have a good reason to report stalking to the police, even if it is not a crime.)

Some stalking behaviours are offences on their own (e.g. assaults, some threats, non-consensual sharing of intimate images). But stalking itself – i.e. certain patterns of behaviours – can also be a crime, even if the individual actions in the behaviour pattern (such as messaging or calling) would not be a crime if they were done once.

Stalking is now a crime under the Crimes Act when:

  1. the stalker does a “specified act” directed towards the target person at least twice within two years; and
  2. the stalker does these acts knowing their behaviour “is likely to cause fear or distress” to the targeted person. Note: The behaviour does not actually need to have caused fear or distress. Targeted people are under no obligation to say how the stalking has made them feel. But it can be useful to explain to the police why the stalker would know their behaviour would be likely to cause fear or distress.

In the law, the list of “specified acts” that can be the components of stalking include the catch-all “acting in any way that would cause fear or distress to a reasonable person”. The list of “specified acts” also includes:

  • watching, following, loitering near, or obstructing the target person
  • recording or tracking the target person
  • contacting or communicating with the target person
  • damaging, devaluing, moving, entering, or interfering with the target person’s taonga or property (including pets) – even if the property or pets are also the stalker’s
  • damaging or undermining the target person’s reputation, opportunities, or relationships, and
  • pretending to be the target person, or publishing anything about them (e.g. through social media). This can be gossip, misinformation or lies, or simply any statement concerning the target person.

The law also states that:

  • “a specified act may be done by or through any means whatsoever (for example, tracking devices, digital applications, spyware, drones, or the use of artificial intelligence)”
  • stalking is still a crime if it meets the criteria above even if the stalker uses another person (e.g., children or potentially-unwitting friends) or an organisation to carry out the “specified acts” toward the targeted person.
  • if the stalker directs any of the specified acts towards any of the target person’s family members, that is considered part of the stalking of the target person also.

 

How do I report stalking to the police in a non-emergency situation?

  • You can call the police non-emergency line 105. You may wish to record the conversation to refer back to.
  • You can make an online report (make a copy of each response you give)
  • You can visit any police station (be aware the front reception is a public place, and you may have to report details in front of other people in the waiting room.)

Reporting tips

Consider contacting a Liaison Officer, if relevant to your situation.

The New Zealand Police as an organisation exhibits racial bias, and gender bias and sexuality bias. In an attempt (which is sometimes successful, sometimes not) to make the reporting process more comfortable and culturally safe, the Police employ “liaison officers” for particular population groups (although not women per se – yet!):

Have a support person with you when you report to police – whether it’s on the phone, in person or via online report. Your support person can:

  • take notes (see below)
  • help explain stalking behaviours you’ve experienced
  • say what stalking behaviours they have witnessed you being targeted with
  • speak and advocate on your behalf if police do not take your concerns seriously
  • remind you of any questions you wish to ask.

You may want to let your support person know beforehand what role you would like them to play in supporting you to report stalking to police. It can also help to debrief with them after you talk to the police (i.e, talk about the meeting with police) and talk through anything you didn’t understand or weren’t clear on.

Prepare ahead of time

If possible, we recommend you write notes ahead of reporting to police, about stalking behaviours you have experienced, with as much detail as possible. See documenting your experiences.

Refer to any previously reported stalking

If you have previously reported stalking, make sure police are linking your current report with any previous reports to establish the pattern of stalking, by referring to the old job or case number and any other report or file numbers. Share any new information or evidence you have about previously-reported stalking.

Provide details about stalking behaviours

When you report a stalking episode, it might help to say clearly, “I am being stalked and harassed”, and give details of what happened. Show officers any evidence you have, and say the person should know their behaviour is likely to cause you fear, and explain why. In practice, police may be more likely to take the behaviour seriously if you say the behaviour is making you seriously fear for your safety and/or that of your family. (Under law, you don’t have to ‘prove’ your fear.) You may also wish to tell them any precautions you are taking because you are fearful. You could also say “I believe this is criminal harassment, under the Harassment Act.”

Take notes

You or your support person can record: the date of the conversation/meeting with police, the name of the officer you spoke with and what they said they will do. If you are calling 105, or making an online report, ensure you have a job number that you can refer back if you make further reports.

Next steps

Ask them what they will do with the information you have provided. If you want them to arrest the person stalking you, and they are non-committal about this, ask them why they are not planning to arrest the person, and what more they need before they will arrest them. Ask them for an officer’s contact details and what they will do and what you can do to ensure that police will respond promptly the next time you are being stalked.

Stand your ground

If an officer seems to downplay your concerns, you or support person can politely ask to speak to a supervisor or – if the stalker is your current or former romantic partner, or even just someone you dated once – you can ask to speak to someone from the local Police Family Harm team.

Police are legally obliged to treat victims with courtesy and compassion and respect victims’ dignity and privacy.

Be persistent

It’s okay to call 105 again or visit the station multiple times if stalking continues. Each report is important to help establish an ongoing pattern of stalking.