What counts as workplace harassment in NZ and what can I do?

In New Zealand, workplace harassment is covered by several pieces of legislation depending on the nature of the conduct.

Sexual harassment (s108 ERA 2000): Sexual harassment includes unwelcome sexual attention (touching, requests, remarks), or behaviour that is offensive or humiliating on the basis of sex. You can raise a personal grievance for sexual harassment.

Discrimination (Human Rights Act 1993): Harassment based on a prohibited ground (sex, race, age, disability, religion, sexual orientation, etc.) is unlawful. Complaints can be made to the Human Rights Commission.

Serious workplace bullying: Repeated, unreasonable behaviour that creates a risk to health and safety is covered by the Health and Safety at Work Act 2015. Your employer has a duty to prevent and respond to bullying.

Unjustified disadvantage (s103 ERA 2000): You may raise a personal grievance if you are disadvantaged (including by harassment) in your employment in a way that is unjustified.

How to respond:

Document everything — dates, what was said/done, any witnesses

Report internally — tell your manager, HR, or use your employer's formal complaints process

If internal process fails or is unavailable — raise a personal grievance (90-day limit from each incident)

Human Rights Commission — free, confidential complaints process for discrimination

WorkSafe NZ — for serious health and safety concerns

Source: Employment Relations Act 2000 s103, s108; Human Rights Act 1993 — View on legislation.govt.nz