OF08 TRESPASS ACT Flashcards
Trespass Act 1980 Section 3(1) & 11(2)(a)
Trespass after warning to leave
3 months imprisonment/$1,000 fine
Trespass after warning to leave elements
Trespasses
On any place
After being warned to leave that place by an occupier of that place
Neglects or refuses to do so
Lawful occupier defenition
any person in lawful occupation of that place or
land and includes any employee or other person acting under the authority of
any person in lawful occupation of that place or land.
Defence for trespass after warning
Their own protection
The protection of somebody else
An emergency involving their
property or the property of some
other person
Trespass Act 1980 Section 4(4) & 11(2)(a)
Trespass after previous warnings
3 months imprisonment/$1,000 fine
Trespass after previous warnings elements
Being a person who has been warned under section 4 to stay off any place
Wilfully trespasses on that place
Within two years
Section 4 tresspass defence necessary for
them to remain on the place or property
The occupier who gave the warning no
longer occupies the place concerned
An emergency involving their property or
the property of some other person
The protection of somebody else
Their own protection
section 56 of the Crimes Act 1961
you may use reasonable force to
prevent any person from trespassing
Tresspass warning proceedure section 5
Warnings given pursuant to sections 3 and 4 may be given orally, by notice
in writing served personally or by registered post to the trespasser’s usual
place of abode in New Zealand.
Tresspass legal authority by police
Police constables are subject to the same laws of trespass as any other citizen
sections 14, 15 and 20 of the Search andSurveillance Act 2012, and section 119 of the Land Transport Act 1998 overpower these conditions
Before being asked to leave the police can place the lawful ocupier under arrest and are allowed to remain on the property to carry this out
Section 9
Trespass Act
1980
Demanding Details of Identity
Where any person is found trespassing on any private land; the occupier
or any member of police may require that person to?
give their name and address, and
if they are in possession of a firearm, give their firearms licence
number.
If the person refuses-
caution the person,
− if the person persists in their failure or refusal, arrest without warrant.
Offences related to tresspass, tresspassing a person
failing or refusing to comply with the requirements
giving false name and address, and
wilfully giving particulars that are insufficiently precise to enable the
address to be readily identified.
Section 37 of the Summary Offences
Act
disturbing meetings
