OF08 - Trespass Act 1980

Question 1

TRESPASS ACT 1980
SECTION 3(1) & 11(2)(a)

WHAT IS THIS ACT & ELEMENTS

Answer 1

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 2

WHAT IS A LAWFUL OCCUPIER?

Answer 2

Lawful occupant of that place/land, can include any employee or other person acting under the authority of the person lawfully occupying that place or land.

Question 3

TRESPASS ACT 1980
SECTION 4(4) & 11(2)(A)

WHAT IS THIS ACT & ELEMENTS

Answer 3

TRESPASSES AFTER PREVIOUS WARNINGS

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

Question 4

WHEN CAN TRESPASS NOTICES BE GIVEN TO A PERSON?

Answer 4

• When they are likely to trespass (Posts on facebook about an organised plan to trespass)
• Are trespassing
• Have trespassed
• Have been convicted of trespass

Question 5

WHAT HAPPENS WHEN A PREVIOUS TRESPASSER IS INVITED BACK ONTO THE PROPERTY THEY WERE TRESPASSED FROM?

Answer 5

The trespass is then void.

Question 6

WHAT ARE THE LEGAL DEFENCES FOR -

TRESPASS ACT 1980
SECTION 3(1) & 11(2)(a)

Answer 6

If the defendant can prove it was necessary to remain on the place or property for:

• Their own protection (ie. Running away from a gang member)
• The protection of someone else (ie. Family harm, hearing someone yelling for help)
• An emergency involving their property or the property of some other person.

Question 7

WHAT ARE THE LEGAL DEFENCES FOR -

TRESPASS ACT 1980
SECTION 4(4) & 11(2)(A)

Answer 7

If the defendant can prove it was necessary to remain on the place or property for:

• Their own protection
• The protection of someone else
• An emergency involving their property or the property of some other person
• The occupier who gave the warning no longer occupies the place concerned

Question 8

WHAT IS:

TRESPASS ACT 1980
SECTION 9

Answer 8

Obligations to give name and other particulars

Question 9

WHAT INFORMATION CAN BE DEMANDED BY A LAWFUL OCCUPIER/POLICE SEEKING TO ISSUE A TRESPASS NOTICE?

Answer 9

Where any person is found trespassing on any private land;

1 - Give their name and address AND;
2 - If they are in possession of a firearm, give their firearms licence number

If the person fails or refuses to comply with these requirements, any member of the police can

Question 10

UNDER SECTION 9 - TRESPASS ACT 1908;
WHAT MAY YOU DO IF THE PERSON FAILS OR REFUSED TO COMPLY WITH THE SECTIONS REQUIREMENTS?

Answer 10

1 - Caution the person
2 - If the person persists in their failure or refusal, arrest without warrant

Question 11

WHAT IS SECTION 5 OF THE TRESPASS ACT 1980?

Answer 11

Warnings are giving pursuant to sections 3 and 4 may be given orally, by notice in writing served personally or by registered post to the trespassers usual place of abode in NZ