Offence - Trespass / Being Found on Property Flashcards
Act?
Trespass Act 1980
Section 3
Trespass after warning to leave
Section 3 - Trespass after warning to leave
(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.
Section 4
Trespass after warning to stay off
Section 4 - Trespass after warning to stay off
(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.
Section 5
Delivery of warnings
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.
Section 9
Obligation to give name and other particulars
Section 9 - 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.
(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.
Crimes Act 1961
Section 56
Defence of land or building
Crimes Act 1961 - Section 56
Defence of land or building
(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.
Must be warned - important
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.
Offence - Trespass after warning to leave
Trespass after warning to leave
Act & section
Trespass Act 1980 Section 3 (1) and 11(2)(a)
Penalty
3 months imprisonment
$2000 fine
Elements
Trespass after warning to leave
Trespasses
on any place
after being warned to leave that place by any occupier of that place
neglects or refuses to do so
Legal Defence
Section 3
Trespass Act 1980
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
Offence - Trespass after previous warnings
Trespass after previous warnings
Act & section
Trespass Act 1980 Section 4(4) and 11(2)(a)
Penalty
3 months imprisonment
$1000 fine
Elements
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 may be given to a person when:
They:
Are likely to trespass
Are trespassing
Have trespassed
Have been convicted of trespass
Legal Defence
Section 4
Trespass Act 1980
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
Using force
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.
Trespass by Police
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.
Section 9 - Demanding Details of Identity
Trespass Act 1980
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.
Section 9 - Demanding Details of Identity
Trespass Act 1980
FAILURE TO DO SO
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.
Section 9 - Demanding Details of Identity
Trespass Act 1980
FAILURE TO DO SO
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.
Offence - Being Found on Property Without Reasonable Excuse (Building/Transport)
Being found on property without reasonable excuse (building/transport)
Acts & Section
Summary Offences Act 1981 Section 29(1)(a) or 29(1)(c)
Penalty
3 months imprisonment
$2000 fine
Elements
Being Found on Property Without Reasonable Excuse
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
Offence - Being Found on Property Without Reasonable Excuse (enclosed yard or area)
Being Found on Property Without Reasonable Excuse (enclosed yard or area)
Acts & Section
Summary Offences Act 1981 Section 29(1)(b)
Penalty
3 months imprisonment
$2000 fine
Elements
Found
Without reasonable excuse
In
Any enclosed yard or other such area
