Best Sexual Harassment Lawyers in Dunedin

About Sexual Harassment Law in Dunedin, New Zealand

Sexual harassment is unwanted behaviour of a sexual nature that makes a person feel offended, humiliated, or intimidated. In Dunedin, as elsewhere in New Zealand, sexual harassment can occur at work, at university or school, in licensed premises, in a private setting, or online. The law treats sexual harassment as both a workplace and a human-rights matter and, in some cases, as a criminal issue. That means a person experiencing sexual harassment may have options under employment law, human-rights law, civil law and criminal law. Local agencies and specialised support services in Dunedin can help with practical, medical and legal steps.

Why You May Need a Lawyer

There are many situations where legal help is important. A lawyer can explain your rights and the remedies available, help you decide whether to report to the police, lodge a human-rights complaint, raise a personal grievance at work, or start a civil claim for damages. Lawyers assist with preserving and presenting evidence, preparing formal complaints, negotiating settlements or confidentiality agreements, appearing at mediations and hearings, and representing you in court if a case proceeds. Legal advice is particularly valuable where the harassment is ongoing, where your employer did not act or took inadequate steps, where criminal conduct is alleged, where you are worried about losing your job, or where the facts are disputed and formal procedures are likely.

Local Laws Overview

Several pieces of New Zealand law are commonly relevant to sexual harassment in Dunedin:

- Human Rights law: Sexual harassment is unlawful discrimination in areas such as employment, education and the provision of goods and services. Complaints can be made to the Human Rights Commission and may be determined by the Human Rights Review Tribunal.

- Employment law: The Employment Relations Act imposes duties on employers to provide a safe workplace and to deal appropriately with complaints. An employee may raise a personal grievance for sexual harassment and seek remedies including compensation, an apology or reinstatement in some cases.

- Health and safety law: The Health and Safety at Work Act requires employers and person conducting a business or undertaking to eliminate or minimise risks to workers, including risks from sexual harassment.

- Criminal law: The Crimes Act covers offences such as indecent assault, sexual violation and other sexual offences. Criminal complaints are handled by the Police and, if charged, prosecuted by the Crown in the criminal courts.

- Harmful digital communications: Online sexual harassment, image-based abuse or persistent abusive digital communications can fall within the Harmful Digital Communications Act and other civil remedies.

- ACC and medical support: ACC provides support and treatment for mental injury from sexual assault under a sensitive-claims process. Medical and forensic services are available locally in Dunedin for urgent care and evidence collection.

Enforcement and remedy routes differ depending on the nature of the incident. Civil and employment claims are decided on the balance of probabilities, while criminal prosecutions require proof beyond reasonable doubt. There are statutory timeframes and procedural requirements for different routes, so acting promptly is important.

Frequently Asked Questions

What exactly counts as sexual harassment?

Sexual harassment covers a broad range of unwelcome behaviour of a sexual nature - for example unwelcome comments, sexual jokes, persistent requests for dates, unwanted touching, sexually explicit messages or images, sexist or sexualised conduct, or sharing intimate images without consent. Whether conduct is legally harassment depends on how unwelcome it was, its seriousness, and the effect on the recipient.

What should I do immediately after an incident in Dunedin?

Prioritise safety - get to a safe place and seek medical care if needed. Preserve evidence - keep messages, emails, photos, and record dates, times and witnesses. Consider reporting to your employer or university if it is safe to do so, and consider reporting to the Police if a criminal offence occurred. Contact a local support agency or victim support service for practical help and to understand your options.

Can I make a criminal complaint and a civil or employment complaint at the same time?

Yes. Criminal investigations by the Police are separate from civil, employment or human-rights processes. You can report to the Police while also raising a personal grievance with your employer or lodging a human-rights complaint. Each process has its own procedures and goals - criminal law focuses on punishment and public safety, while civil and employment routes focus on remedies and stopping the conduct.

How long do I have to make a complaint?

Different processes have different timeframes. Employment personal grievances typically need to be raised promptly, and there are statutory time limits for commencing proceedings in many forums. Human-rights complaints and civil claims may also be subject to time limits. Criminal offences can be reported at any time, although timely reporting helps with evidence. Because time limits vary, seek advice quickly to preserve your options.

What remedies can I ask for?

Possible remedies include apologies, changes to workplace arrangements, training or disciplinary action against the harasser, monetary compensation for loss or humiliation, reinstatement in some employment cases, non-disclosure or non-contact orders, and criminal penalties if the matter is prosecuted. Human-rights and employment tribunals can award a range of remedies depending on the facts.

Will speaking up put my job at risk?

Law protects employees from unlawful dismissal and from being penalised for raising genuine complaints. Employers are required to deal with complaints appropriately. However, workplace dynamics can be difficult, so getting legal advice before taking formal steps can help manage risk and select the best path - for example, raising a concern informally first, using internal complaint procedures, or moving straight to a formal personal grievance.

What evidence do I need to prove sexual harassment?

Evidence can include messages, emails, photos, witness statements, contemporaneous notes or diary entries, performance records, and any records of complaints made to the employer or institution. Medical records and forensic reports are also relevant where there has been physical assault. A lawyer can help identify relevant evidence and advise on how to preserve it.

Can I get legal aid for sexual harassment matters in Dunedin?

Legal aid eligibility depends on the type of matter, financial circumstances and the prospects of success. Legal aid is more commonly available for criminal matters and certain family or safety-related proceedings. For civil or employment claims, legal aid is less likely but community legal services, community law centres and some specialist agencies may offer free or low-cost advice. Always ask about costs and funding options when you contact a lawyer.

What if the harassment took place at university or school in Dunedin?

Universities and schools have obligations to provide a safe learning environment. Many tertiary institutions in Dunedin have specific sexual-harm response teams, complaint procedures and pastoral support. You can pursue internal processes through the institution while also considering human-rights or criminal routes. Student advocacy, university support services and community organisations can assist with navigating those options.

Can I ask for a non-disclosure agreement or can an employer force me to sign one?

Non-disclosure agreements are commonly used in settlement negotiations. You can agree to confidentiality terms as part of a settlement, but you should get independent legal advice before signing anything. Employers should not force you to sign away other legal rights or to accept silence as the only option. A lawyer can review proposed terms and advise whether they are reasonable and enforceable.

Additional Resources

There are a number of agencies and local services that can help in Dunedin:

- Human Rights Commission - for information on discrimination and sexual-harassment complaints.

- Employment Relations Authority and Ministry of Business, Innovation and Employment - for employment-related advice and mediation.

- New Zealand Police - for reporting criminal sexual offences and for investigative support.

- ACC sensitive-claims process - for treatment and support after sexual assault.

- Victim Support and local sexual-violence support services - for emotional and practical assistance.

- Netsafe - for help with abusive online behaviour and image-based harm.

- Otago Community Law Centre - local free or low-cost legal advice and information.

- University of Otago student support and sexual-harm response services - for students experiencing harassment on campus.

If you are unsure where to start, a community law centre or a victim support agency in Dunedin can help you understand options and refer you to appropriate legal support.

Next Steps

If you need legal assistance with sexual harassment in Dunedin, consider this practical sequence:

1. Ensure immediate safety and get medical attention if needed. If you are in immediate danger, contact the Police.

2. Preserve evidence - keep electronic messages, take screenshots, save copies of documents, and write a dated record of events while details are fresh.

3. Access support - contact a local sexual-violence support service, victim support, or a trusted advisor for emotional and practical help.

4. Consider reporting - decide whether to report to your employer, university or the Police. You can pursue more than one route at a time, but get advice about timing and process.

5. Seek legal advice - contact a lawyer experienced in sexual-harassment, employment or human-rights law to discuss options, likely outcomes and costs. If cost is a concern, check community legal services and free advice providers in Dunedin.

6. Plan next steps with your lawyer - this may include negotiation, mediation, filing a personal grievance or human-rights complaint, civil proceedings, or supporting a criminal investigation.

7. Keep a support network and protect your wellbeing - legal processes can take time, so use local support services and follow up on medical and counselling needs.

Acting promptly improves your options and ability to preserve evidence. If you are unsure where to begin, reach out to a local community law service or a specialist support organisation for confidential initial guidance.