What is sexual harassment under New Zealand law?
Sexual harassment is defined in the Employment Relations Act 2000 and the Human Rights Act 1993. It includes unwelcome sexual advances, requests for sexual favours, and behaviour of a sexual nature that is offensive, humiliating, or intimidating. It can be verbal, physical, or visual, and includes conduct via electronic communications. Both men and women can be victims and perpetrators.
What are my options for reporting workplace sexual harassment in New Zealand?
You have several options. You can raise a personal grievance with your employer under the Employment Relations Act 2000 within 90 days of the harassment. You can file a complaint with the Human Rights Commission at hrc.co.nz under the Human Rights Act 1993. If there is a health and safety concern, you can also report to WorkSafe New Zealand at worksafe.govt.nz.
How do I raise a personal grievance for sexual harassment under the Employment Relations Act?
You must raise the personal grievance with your employer in writing within 90 days of the harassment. State that you are raising a personal grievance and describe what happened. Your employer has a duty to investigate. If unresolved, apply for mediation through the Ministry of Business, Innovation and Employment at employment.govt.nz. If mediation fails, the Employment Relations Authority can make a binding determination.
How do I file a sexual harassment complaint with the Human Rights Commission?
Contact the Human Rights Commission at hrc.co.nz or 0800 496 877. You can submit a complaint online, by email, or by post. The HRC provides free confidential mediation between you and the respondent. You do not need a lawyer. If mediation does not resolve the matter, the Director of Human Rights Proceedings can take the case to the Human Rights Review Tribunal.
What evidence should I gather for a sexual harassment complaint in New Zealand?
Gather and preserve all relevant evidence as soon as possible. This includes written records of incidents with dates, times, locations, and witnesses; screenshots of text messages, emails, or social media communications; copies of any internal complaints or HR correspondence; and a record of any impact on your health or work performance. A contemporaneous diary is highly persuasive.
What is the 90-day deadline for a personal grievance and what if I missed it?
The 90-day deadline under the Employment Relations Act is strict. It runs from the date of the act or omission giving rise to the grievance. If you missed the deadline, you may still be able to file with the Human Rights Commission under the Human Rights Act, which has a more flexible timeframe. Contact the Human Rights Commission or Citizens Advice Bureau immediately for guidance.
What remedies are available for workplace sexual harassment in New Zealand?
Through the Employment Relations Authority, remedies include compensation for humiliation, loss of dignity, and injury to feelings, as well as reimbursement of lost wages. Through the Human Rights Review Tribunal, you can seek compensation for loss and damage, including loss of earnings and damages for humiliation. The tribunal can also order the respondent to stop the conduct and take remedial action.
Does reporting sexual harassment require notarization or court fees?
No. Complaints to the Human Rights Commission are free and require no notarization. Employment Relations Authority applications involve a small filing fee but the process can be handled without a lawyer. WorkSafe NZ reports are free. None of these processes require sworn statements or notarized documents to initiate.
What can and cannot be done without a lawyer in a sexual harassment case in New Zealand?
Filing a complaint with the Human Rights Commission, raising a personal grievance with your employer, and attending ERA mediation can all be done without a lawyer. Representing yourself at an ERA hearing or Human Rights Review Tribunal is permitted but legal support is valuable in complex cases, particularly where the respondent has legal representation or where your employment and livelihood are at stake.
How does uplaw.ai help with workplace sexual harassment reporting in New Zealand?
Tell us what happened, when it occurred, whether you have raised it with your employer, and what outcome you are seeking in the chat. We help you identify the right complaint pathway — Human Rights Commission, Employment Relations Authority, or WorkSafe NZ — and draft your personal grievance letter or complaint.
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