OF08 TRESPASS ACT 1980 Flashcards
Elements of Section 3 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.
Define “Lawful Occupier”
Any person in the lawful occupation of that place or land
Trespass Act 1990 - S3 (2) Defence
It is a defence if for.
- Their own protection.
- The protection of somebody else.
- An emergency involving their property or the property of some other person. Includes any person acting under authority of any person in lawful occupation of that place or land.
Trespass Act 1990 - Section 3
Trespass after warning to leave
Elements of Trespass after previous warning.
- Being a person who has been warned under section 4 to stay off any place.
- Wilfully trespasses on that place.
- Within two years.
A trespass notice can be given to a person when:
- They are likely to trespass.
- Are trespassing.
- Have trespassed.
- Have been convicted of trespass
Trespass Act 1990 - S4 (5) Defence
It shall be a defence to a charge under subsection (4) if the defendant proves that—
(a) the person by whom or on whose behalf the warning concerned was given is no longer an occupier of the place concerned; or
(b) it was necessary for the defendant to commit the trespass for his own protection or for the protection of some other person, or because of some emergency involving his property or the property of some other person.
Trespass Act 1990 - S4 (5) Defence
It shall be a defence to a charge under subsection (4) if the defendant proves that—
(a) the person by whom or on whose behalf the warning concerned was given is no longer an occupier of the place concerned; or
(b) it was necessary for the defendant to commit the trespass for his own protection or for the protection of some other person, or because of some emergency involving his property or the property of some other person.
Trespass Act 1990 -S11 (2)(a) Offences and penalties.
Every person who commits an offence against this Act shall be liable on conviction—
(a)in the case of an offence against section 3 or section 4 or section 12, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months
Powers under Trespass Act 1990 -S9 - Obligation to give name and other particulars
(1) An occupier of any private land upon which any person is found trespassing, or any constable, may require that person to—
(a) give particulars of his name and place of abode; and
(b) give the number of his firearms licence under the Arms Act 1983 if he is in possession of a firearm.
(2) If any such person fails or refuses to comply with a requirement made under subsection (1), any constable may caution him and, if he persists in his failure or refusal, may arrest him without warrant.
Powers under Trespass Act 1990 -Section 3
(1
Crimes Act 1961 - Defence of land or building (reasonable force with protesters)
Every one in peaceable possession of any land or building, and every one lawfully assisting him or her or acting by his or her authority, is justified in using reasonable force to prevent any person from trespassing on the land or building or to remove him or her therefrom, if he or she does not strike or do bodily harm to that person.
Crimes Act 1961 - S56 Defence of land or building (reasonable force with protesters)
Every one in peaceable possession of any land or building, and every one lawfully assisting him or her or acting by his or her authority, is justified in using reasonable force to prevent any person from trespassing on the land or building or to remove him or her therefrom, if he or she does not strike or do bodily harm to that person.
List the ways in which warnings can be given pursuant to Section 3 and 4 of the Trespass Act 1990
Section 5 - Delivery of warnings
A warning under section 3 or section 4 shall be given to the individual person concerned either orally, or by notice in writing delivered to him or sent to him by post in a registered letter at his usual place of abode in New Zealand.
Trespass Act 1990 - Section 5
A warning under section 3 or section 4 shall be given to the individual person concerned either orally, or by notice in writing delivered to him or sent to him by post in a registered letter at his usual place of abode in New Zealand.
