Offence - Trespass / Being Found on Property

Question 1

Act?

Answer 1

Trespass Act 1980

Question 2

Section 3

Answer 2

Trespass after warning to leave

Question 3

Section 3 - Trespass after warning to leave

Answer 3

(1) Every person commits an offence against this Act who trespasses on any place and, after being warned to leave that place by an occupier of that place, neglects or refuses to do so.
(2) It shall be a defence to a charge under subsection (1) if the defendant proves that it was necessary for him to remain in or on the place concerned for his own protection or the protection of some other person, or because of some emergency involving his property or the property of some other person.

Question 4

Section 4

Answer 4

Trespass after warning to stay off

Question 5

Section 4 - Trespass after warning to stay off

Answer 5

(1) Where any person is trespassing or has trespassed on any place, an occupier of that place may, at the time of the trespass or within a reasonable time thereafter, warn him to stay off that place.
(2) Where an occupier of any place has reasonable cause to suspect that any person is likely to trespass on that place, he may warn that person to stay off that place.
(3) Where any person is convicted of an offence against this Act committed on or in respect of any place, the court may warn that person to stay off that place.
(4) Subject to subsection (5), every person commits an offence against this Act who, being a person who has been warned under this section to stay off any place, wilfully trespasses on that place within 2 years after the giving of the warning.
(5) 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.

Question 6

Section 5

Answer 6

Delivery of warnings

Question 7

Section 5 - Delivery of warnings

Answer 7

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.

Question 8

Section 9

Answer 8

Obligation to give name and other particulars

Question 9

Section 9 - Obligation to give name and other particulars

Answer 9

(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.
(3) Every person commits an offence against this Act who, in response to a requirement under subsection (1),—
(a) fails or refuses to comply with that requirement; or
(b) gives a false name or place of abode; or
(c) wilfully gives particulars of his place of abode that are insufficiently precise to enable it to be identified readily.

Question 10

Crimes Act 1961

Section 56

Answer 10

Defence of land or building

Question 11

Crimes Act 1961 - Section 56

Defence of land or building

Answer 11

(1) 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.

Question 12

Must be warned - important

Answer 12

A person is not a trespasser until he or she has been warned to leave by the lawful occupier and then refuses to do so.

Question 13

Offence - Trespass after warning to leave

Answer 13

Trespass after warning to leave

Question 14

Act & section

Answer 14

Trespass Act 1980
Section 3 (1) and 11(2)(a)

Question 15

Penalty

Answer 15

3 months imprisonment

$2000 fine

Question 16

Elements

Trespass after warning to leave

Answer 16

Trespasses

on any place

after being warned to leave that place by any occupier of that place

neglects or refuses to do so

Question 17

Legal Defence
Section 3
Trespass Act 1980

Answer 17

It is a defence to this section if the defendant proves it was necessary to remain on the place or property for:

Their own protection

The protection of somebody else

An emergency involving their property or the property of some other person

Question 18

Offence - Trespass after previous warnings

Answer 18

Trespass after previous warnings

Question 19

Act & section

Answer 19

Trespass Act 1980 
Section 4(4) and 11(2)(a)

Question 20

Penalty

Answer 20

3 months imprisonment

$1000 fine

Question 21

Elements

Answer 21

Being a person who has been warned under Section 4 to stay off any place

Wilfully trespasses on that place

Within two years

Question 22

A trespass notice may be given to a person when:

Answer 22

They:

Are likely to trespass

Are trespassing

Have trespassed

Have been convicted of trespass

Question 23

Legal Defence
Section 4
Trespass Act 1980

Answer 23

It is a defence to this section if the defendant proves it was necessary for them to remain on the place or property for:

Their own protection

The protection of somebody 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 24

Using force

Answer 24

Under section 56 of the Crimes Act 1961, you may use reasonable force to prevent any person from trespassing on land or building, or to remove them
from, when lawfully assisting any person in peaceable possession of such land or building. You must not strike or do bodily harm to that person.

Question 25

Trespass by Police

Answer 25

Police constables are subject to the same laws of trespass as any other citizen unless they have legal authority to enter property under warrant or under
warrantless powers such as under sections 14, 15 and 20 of the Search and Surveillance Act 2012, and section 119 of the Land Transport Act 1998.

Constables can enter a property and knock on the door but if the occupier, expressly or by implication, asks them to leave, in the absence of lawful authority to remain, they must do so. If, however, before being asked to leave, a constable tells the occupier that he / she is under arrest, the constable can stay for the purpose of taking the occupier into custody.

Question 26

Section 9 - Demanding Details of Identity

Trespass Act 1980

Answer 26

Where any person is found trespassing on any private land; the occupier or any member of police may require that person to:

a) give their name and address, and
b) if they are in possession of a firearm, give their firearms licence
number.

Question 27

Section 9 - Demanding Details of Identity
Trespass Act 1980

FAILURE TO DO SO

Answer 27

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

− caution the person, and
− if the person persists in their failure or refusal, arrest without warrant.

Question 28

Section 9 - Demanding Details of Identity
Trespass Act 1980

FAILURE TO DO SO

Answer 28

Offences are created of:

a) failing or refusing to comply with the requirements
b) giving false name and address, and
c) wilfully giving particulars that are insufficiently precise to enable the address to be readily identified.

Question 29

Offence - Being Found on Property Without Reasonable Excuse (Building/Transport)

Answer 29

Being found on property without reasonable excuse (building/transport)

Question 30

Acts & Section

Answer 30

Summary Offences Act 1981
Section 29(1)(a) or 29(1)(c)

Question 31

Penalty

Answer 31

3 months imprisonment

$2000 fine

Question 32

Elements

Being Found on Property Without Reasonable Excuse

Answer 32

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 33

Offence - Being Found on Property Without Reasonable Excuse (enclosed yard or area)

Answer 33

Being Found on Property Without Reasonable Excuse (enclosed yard or area)

Question 34

Acts & Section

Answer 34

Summary Offences Act 1981 
Section 29(1)(b)

Question 35

Penalty

Answer 35

3 months imprisonment

$2000 fine

Question 36

Elements

Answer 36

Found

Without reasonable excuse

In

Any enclosed yard or other such area