Trespass Flashcards
What act covers Trespass after warning to leave and trespass after previous warnings?
What part of the act deals with the penalty?
1/ Trespass Act 1980 - S3(1)
2/ Trespass Act 1980 - S4(4)
Penalty: S11(2)(a)
What are the elements of Trespass after waning to leave?
- Trespasses
- On any place
- After being warned to leave that place by the lawful occupier of that address
- Refuses or neglects to do so
What are the elements for 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
Define ‘being a person who has been warned under section 4 to stay off any place’
Proven by a person who has been issued a warning, either verbally or in writing, to stay off a property
define wilfully trespasses on that place
The offender intentionally, deliberately, without mistake, returns to the premises
What is contained in section 5 of the trespass act 1980?
You will be given your warning under section 5,
orally or by mail, but don’t show it to your wife
Warnings given pursuant to sections 3 and 4 may be given orally, in writing served personally, or by registered post to the trespassers usual place of abode in NZ
What does ‘After being told to leave that place by the lawful occupier of that address’?
A person is not a trespasser until he or she has be warned to leave by the lawful occupies and then refuses to do so
What is the definition of ‘Lawful Occupier’?
Any person in lawful occupation of that place or land, includes any employee or other person acting under the authority of any person in lawful occupation of that place or land
What are the three defences for remaining on a property after being warned to leave?
1/ For your own protection
2/ The protection of someone else
3/ If there is an emergency involving their property or someone else’s property
What are the four defences for remaining on a property after previous warnings
1/ For their own protection
2/ For the protection of another person
3/ An emergency involving their property or the property of someone else
4/ If the occupier who gave the warning no longer occupies the place concerned
For a person found trespassing, what could the police or lawful occupier of that property request the trespasser to do?
1/ Provide their full contact details including name and address
provide any fire arms licence info if they have a fire arm licence with them
2/ if they reface, caution them
if persistent failure, arrest without warrant
3/ offence of refusing/failing to comply with requirements
giving false address and name
Are police able to go onto any property to search for someone or are they subject to the same conditions ‘if asked to leave they must comply’ otherwise they will be considered trespasses themselves
Yes, constables fall under the same rules of trespass if being told to leave even if they have warrantless arrest powers or a warrant to arrest. They can enter a property and knock on a door, but if the occupier asks them to leave, in the absence of lawful authority to remain, they must do so.
The only time this may not be so is if before being asked to leave they are told they are under arrest, then the constable can stay for the purpose of taking the occupier into custody.
Where would you find legal authority for police to enter a property?
Search and Surveillance Act 2012
-section 14
Warrantless entry onto property to prevent an offence from occurring or respond to a risk to life or safety
- section 15
Entry without warrant to find and avoid loss of evidential material relating to certain offences
-Section 20
Warrantless search of places and vehicles in relation to some misuse of Drugs Act 1975 offences
Land Transport Act 1975
Has/is driving under the influence of drugs/alcohol
Are you able to use force when dealing with a trespass incident?
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.
(Section 56, use force but you can not kick)
Are you able to use force when dealing with a trespass incident?
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.
(Section 56, use force but you can not kick)
