OF08- Trespass Act 1980 Flashcards
What are the elements for Trespass after warning to leave?
P- 3 months imprisonment/ $1000 fine
1) Trespasses
2) On any place
3) After being warned to leave that place by an occupier of that place
4) Neglects or refuses to do so.
What are the elements for Trespass after previous warnings?
p- 3 months imprisonment/ $1000 fine.
1) Being a person who has been warned under section 4 to stay off any place
2) Wilfully trespasses on that place
3) Within two years
What are the legal defenses for Trespassing?
1) S3&4- Their own protection(running from someone about to beat them up)
2) S3&4- The protection of someone else( House fire )
3) S3&4- An emergency involving their property or the property of someone else (Calling 111 coz their house is on fire)
4) S4- The Occupier who gave the warning no longer occupies the place concerned.
use of force:CRIMES ACT 56 - you can use reasonable force to remove someone.
What details can any member of Police Or occupier Demand ? Under section 9 of the act.
If found on : give name and address and if in possession of firearm give their firearms license number.
If they fail with these:
-Caution the person
-If they persist in fail or refusal, arrest without warrant
Offences are crested of: failing to comply, giving false names & Addy, wilfully giving particulars that are insufficiently precise to get addy readily available.
Warning to stay off ?
What are section 5 requirements?
Warnings given under section 3 and 4 must be given ORALLY, BY NOTICE IN WRITING SERVED PERSONALLY OR BY REGISTERED POST to trespassers usual home in NZ.
Person is not a trespasser until they have been warned leave and then refuses to do so.
