OF08 Trespass

Question 1

Power to arrest for trespass

Answer 1

Section 39 (1) Summary Offences Act 1981

Question 2

Elements of Being Found on Property Without Reasonable Excuse (Building/Transport)

Answer 2

• Found
• Without reasonable excuse
• In OR On
• Any building OR any aircraft OR any hovercraft OR any ship, ferry or other vessel OR any train OR any vehicle

Question 3

Found must be proven by

Answer 3

Must be actually:

• seen
• discovered
• to come upon

Not enough to have admission, DNA etc

Question 4

Elements of Being Found Without Reasonable Excuse (Enclosed yard or area)

Answer 4

• Found
• Without reasonable excuse
• In
• Any enclosed yard, garden or area, appurtenant to a building

Question 5

What is an appurtenant

Answer 5

• belonging to
  e. g. garden belonging to a house

Must serve that building not vice versa

Question 6

What is an enclosed yard?

Answer 6

An enclosed area and appurtenant to a building

Musst have defined boundaries

Question 7

Warnings by Police can be given out under Section….

Answer 7

Section 29 (3) Being Found on Property
- Found without reasonable excuse but you do not suspect they have an intention to commit any other offence

If they refuse to leave, can be given $500 fine

Question 8

What is Section 3

Answer 8

Trespass after warning to leave

• Trespasses
• On any place
• After being warned to leave that place by an occupier of that place
• Neglects or refuses to do so

Question 9

Person is not a trespasser until

Answer 9

They have been told to leave by the lawful occupier of that address

Question 10

Trespasses

Answer 10

Is on another person’s property without authority or permission

Question 11

Legal defence under Section 3

Answer 11

• Their own protection
• The protection of somebody else
• An emergency involving their property or the property of some other person

Question 12

Section 4

Answer 12

Trespass after warning to leave

• Being a person who has been warned under Section 4 to stay off any place
• Wilfully trespasses on that place
• Within two years

Question 13

How to prove offender wilfully trespassed on that place

Answer 13

The offender intentionally, deliberately, without mistake, returns to the premises

Question 14

Warnings given for trespass under section 3 and 4 can be given

Answer 14

• Orally OR

- By writing served personally or by registered post to the trespasser’s home

Question 15

Dealing with trespass at public meetings

Answer 15

• Must leave if ordered by Chairperson when meeting held in hall or restricted area
• No powers if held in a open public area like a park

Question 16

Dealing with trespass at public entertainment

Answer 16

• Implied person admitted with behave properly
• If they create a disturbance can be removed under Section 37 (disturbing meetings) or behaving in a disorderly manner Section 41.

Ordered to leave by management
- If they refuse then a trespasser

Question 17

Defences under Section 4

Answer 17

• Their own protection
• Protection of another
• Emergency
• Occupier who gave the warning no longer occupies the place