Cease And Desist Letter For Harassment Template for New Zealand

A Cease And Desist Letter For Harassment is a formal legal document that demands an individual immediately stop engaging in harassing behaviour. Under New Zealand law, this letter serves as both a warning and evidence of your attempts to resolve the situation before pursuing legal action through the courts.

When do you need this document?

You need a cease and desist letter when someone is engaging in persistent, unwanted behaviour that causes you distress or fear. This includes repeated phone calls, emails, or text messages after you've asked them to stop, following or stalking you in person or online, making threats or intimidating statements, posting harmful content about you on social media, or continuing unwanted contact at your workplace. The letter is particularly effective when you have documented evidence of the harassment, such as screenshots, recordings, or witness statements. It's often the first formal step before seeking a protection order or filing criminal charges.

Key legal considerations

Your letter must clearly describe specific incidents with dates, times, and details of the harassing behaviour. Include how the conduct has affected you and explicitly demand that all contact and harassment cease immediately. Reference relevant New Zealand legislation such as the Harassment Act 1997, which defines harassment as a pattern of behaviour that would cause a reasonable person to fear for their safety or wellbeing. For digital harassment, cite the Harmful Digital Communications Act 2015, which covers cyberbullying and online abuse. If the harassment involves discrimination based on protected characteristics, reference the Human Rights Act 1993. Be factual and avoid emotional language or threats of your own, as this could undermine your position or potentially expose you to legal liability.

Legal requirements in New Zealand

Under the Harassment Act 1997, harassment is defined as a specified act done to a person on at least two occasions, or a course of conduct that includes doing a specified act to that person on at least two occasions. The act must be done without reasonable excuse and would cause a reasonable person in the other person's circumstances to fear for their safety. Your letter should demonstrate that the behaviour meets this legal threshold. In workplace contexts, the Employment Relations Act 2000 requires employers to provide a safe working environment, so copying your employer may be appropriate. If criminal behaviour is involved, such as threats or intimidation under the Crimes Act 1961, consider copying local police. Keep detailed records of all harassment incidents and retain a copy of your letter with proof of delivery, as this documentation may be crucial for obtaining a protection order or pursuing criminal charges if the harassment continues.