Best Sexual Harassment Lawyers in Feilding

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Treadwell Gordon
Feilding, New Zealand

Founded in 1869
39 people in their team
English
Treadwell Gordon provides specialist legal services across property, commercial, litigation, employment, rural, trusts and estates, family and criminal law. The firm combines regional knowledge with a broad commercial capability to advise personal and business clients on transactions, disputes and...
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About Sexual Harassment Law in Feilding, New Zealand

Sexual harassment is treated seriously in New Zealand, including in Feilding and the wider Manawatū region. Conduct that is unwelcome, sexual in nature, and creates a hostile, intimidating, or offensive environment can amount to sexual harassment under New Zealand law. Complaints can be dealt with through employment processes, human-rights channels, workplace health and safety systems, and where appropriate, the criminal justice system. The legal framework seeks both to stop offending behaviour and to provide remedies for people who have been harmed, including compensation, reinstatement in employment, protective orders, and criminal penalties in cases that cross into sexual offending.

Why You May Need a Lawyer

Legal help is often valuable because sexual harassment cases can involve overlap between employment law, human rights law, criminal law, and health and safety obligations. You may need a lawyer if any of the following apply:

- You are an employee whose employer has not taken reasonable steps to stop repeated harassment or who is reluctant to investigate.

- You want to file a personal grievance, claim damages, or seek reinstatement after being disciplined, dismissed, or constructively dismissed following harassment.

- You are considering a complaint to the Human Rights Commission or the Human Rights Review Tribunal about discriminatory or harassing conduct.

- The behaviour may amount to a criminal offence such as sexual assault, indecent assault, or stalking, and you want advice about reporting to police and preserving evidence.

- You need a protection order or other court-ordered intervention to keep you safe.

- You represent a school, club, employer, or agency facing allegations and need advice on an investigation, disciplinary steps, or regulatory obligations.

- You require guidance on time limits, evidence collection, legal remedies, and the likely outcomes of alternative paths such as mediation, tribunal hearings, or civil action.

Local Laws Overview

Key legal frameworks relevant to sexual harassment in Feilding include the following:

- Human Rights Act 1993: Prohibits sexual harassment as a form of sex-based discrimination in places of work, education, and the provision of goods and services. Complaints can be raised with the Human Rights Commission and ultimately heard by the Human Rights Review Tribunal.

- Employment Relations Act 2000: Provides remedies for employees who experience sexual harassment at work through a personal grievance. Remedies can include compensation, reinstatement, or other remedies. Employees are generally expected to raise a personal grievance promptly and normally within 90 days of the incident or of becoming aware of it.

- Health and Safety at Work Act 2015: Requires PCBUs - persons conducting a business or undertaking, including employers - to eliminate or minimise risks, including psychosocial risks such as sexual harassment. WorkSafe and MBIE guidance make clear that preventing and responding to sexual harassment is part of a safe workplace.

- Crimes Act 1961: Behaviour that involves non-consensual sexual touching, sexual violation, or indecent acts can be criminal offences. Such matters are investigated by New Zealand Police and can lead to prosecution, separate to any civil or employment process.

- Family and Civil Remedies: Where harassment involves family or intimate relationships, Family Court protection orders may be available. Civil proceedings in the District Court or High Court can seek damages and injunctions in appropriate cases.

- ACC and Mental Injury: ACC can provide support for injuries resulting from physical assault. Purely mental injuries from harassment are generally not covered unless they arise from a physical injury or meet narrow exceptional criteria.

Frequently Asked Questions

What exactly counts as sexual harassment?

Sexual harassment is unwelcome behaviour of a sexual nature that a reasonable person would find offensive, humiliating, or intimidating. Examples include unwanted touching, suggestive comments, sexual jokes, requests for sexual favours, sharing sexual images without consent, and persistent intrusive behaviour. Context matters - one-off comments may be less serious, while repeated behaviour or conduct that creates a hostile environment can meet the standard.

Who can make a sexual harassment complaint in Feilding?

Anyone who experiences sexual harassment in New Zealand can make a complaint. That includes employees, job applicants, students, customers, volunteers, and people using services in Feilding. You can raise concerns with your employer, with the Human Rights Commission, with police if a criminal offence may have occurred, or seek civil remedies through the courts.

What steps should I take immediately after an incident?

Prioritise safety first. If you are in danger, contact police. Preserve evidence - keep messages, emails, photographs, and notes with dates and times. Write a clear account while events are fresh. Consider medical care if needed. If the incident happened at work, follow any workplace reporting procedure and inform a trusted manager or HR representative. If you are unsure, contact a support organisation or seek legal advice before taking further steps.

How long do I have to raise a complaint?

Time limits depend on the pathway you choose. For employment-related personal grievances, you should normally raise the matter with your employer as soon as possible and usually within 90 days. Complaints to the Human Rights Commission are generally expected to be brought promptly, with a 12-month guideline in many cases though extensions may be possible. Criminal offending can often be reported at any time, particularly for serious sexual offences. Seek legal advice early to understand and preserve your options.

Can I report harassment to both my employer and the police?

Yes. Reporting to your employer and reporting to police are separate pathways. An employer investigation addresses workplace policy and employment remedies. Police investigate criminal behaviour. You can pursue both routes concurrently, though you might need to coordinate evidence and consider the effect of a criminal investigation on internal processes. A lawyer can help you manage both avenues.

What remedies can I get if my complaint is successful?

Possible remedies differ by forum. In employment settings remedies can include compensation, reinstatement, lost wages, or changes to workplace practices. Human rights complaints can lead to compensatory damages, declarations, and orders to change discriminatory practices. Criminal proceedings may lead to fines, imprisonment, or sentencing orders. Courts can also make injunctions or protection orders in civil or family proceedings in appropriate cases.

Do employers have a legal duty to prevent sexual harassment?

Yes. Employers and other PCBUs have a legal duty under health and safety law to identify and manage risks, which includes preventing sexual harassment. This means having clear policies, training, reporting and investigation procedures, and taking reasonable steps to stop harassment when it occurs. Failure to act can expose an employer to liability and regulatory scrutiny.

Can I stay anonymous when making a complaint?

Anonymity may be limited. Employers will usually need to investigate with enough detail for procedural fairness, which often means identifying the parties. Complaints to the Human Rights Commission seek to resolve matters but may involve disclosure of details. For criminal complaints, police need information to investigate. If confidentiality is a concern, raise it early and seek advice about protective measures and the limits of anonymity.

How much will legal advice or representation cost?

Costs vary depending on complexity, the stage of the matter, and whether you use private lawyers, community law centres, or legal aid. Free or low-cost initial advice may be available from community law centres, Citizens Advice Bureau, and victim support services. Legal Aid may be available for certain civil or criminal matters if you meet eligibility and means tests. Ask a lawyer for a clear fee estimate and whether they offer a fixed fee, limited-scope services, or payment plans.

What if I am accused of sexual harassment - do I need a lawyer?

Yes - if you are accused, seek legal advice promptly. Accusations can affect your employment, reputation, and potential criminal exposure. A lawyer can advise on investigations, responses, representation at disciplinary meetings or in court, and on steps to preserve procedural fairness and your legal rights.

Additional Resources

When you need support or information in Feilding, consider these types of organisations and government bodies:

- New Zealand Police - for criminal reporting and immediate safety concerns.

- Human Rights Commission - for guidance on discrimination and sexual harassment complaints and the complaint process.

- Employment Relations Authority and Ministry of Business Innovation and Employment - for employment-rights information and guidance on raising a personal grievance.

- WorkSafe New Zealand and MBIE guidance - for employer obligations on preventing and responding to workplace sexual harassment and psychosocial hazards.

- ACC - for support and rehabilitation if you have a physical injury or qualifying mental injury arising from an assault.

- Victim Support - for emotional and practical support after an incident.

- Community Law Centres and Citizens Advice Bureau - for free or low-cost legal information and referrals in your area.

- Local health services and sexual health or sexual assault support services - for medical care, forensic examination, and counselling. If you are unsure about local providers, contacting Te Whatu Ora - Health New Zealand for the MidCentral region or local health clinics can help you find nearby services.

Next Steps

If you or someone you care about is dealing with sexual harassment in Feilding, here are clear next steps to consider:

- Ensure immediate safety. If there is any risk of harm, contact New Zealand Police right away.

- Preserve evidence. Save messages, emails, photos, diary notes, names of witnesses, and any other records with dates and times.

- Seek medical attention and document injuries if needed. Request forensic examination promptly if a sexual assault may have occurred.

- Review your workplace policies. Report the harassment through your employer's formal complaint process and request written confirmation of receipt.

- Consider parallel reporting to police if the conduct may be criminal, and to other relevant bodies such as the Human Rights Commission if discrimination is involved.

- Get support. Contact Victim Support, a sexual assault response service, or a trusted family member or friend. Emotional and practical support is important.

- Obtain legal advice early. A lawyer can explain time limits, likely outcomes, and the best pathway - employment personal grievance, human-rights complaint, criminal reporting, or civil claim. If cost is a concern, ask about free initial consultations, community law services, or eligibility for Legal Aid.

- Take practical steps to protect your wellbeing and work arrangements. This could include requesting a change of duties, safe contact methods, leave, or temporary workplace changes while an investigation proceeds.

- Keep records of everything related to the complaint and the responses you receive. Good documentation strengthens any future legal or investigative steps.

Sexual harassment is a complex and sensitive area of law, and outcomes depend on the facts and the route you choose. If you are unsure what to do, start by seeking trustworthy advice - from a lawyer, a community legal service, or a support agency - so you can make informed decisions about how to proceed.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.