Trespass Flashcards
What are the Elements of Trespass after warning to leave ?
- Trespass
- On any place
- After being warned to leave that place by an occupier of that place
- Neglects or refuses to do so
What Act and Sections is Trespass after warning to leave ?
Trespass Act 1980, Sec 3 (1) & 11 (2) (b)
What is the penalty under Trespass after warning to leave ?
3 months / $1000 fine
What defences are available for the defendant ?
- Their own protection
- The protection of somebody else
- An emergency involving their property or the property of some other person
What Act and Section is Trespass after previous warning
Trespass Act 1980, Sec 4(4) & 11(2)(b)
What is the penalty under Trespass after previous warning ?
3 months / $1000 fine
What are the 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 property
- Within two years
What legal defences are available for Trespass after previous warning ?
- 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
When can a trespass notice be given ?
- Are likely to trespass
- Are trespassing
- Have trespassed
- Have been convicted of trespass
Section 5 requirements pursuant to Section 3 and 4 - how must they be given ?
- Orally
- By notice in writing served personally or by registered post to the trespassers usual place of abode in NZ
Under what Section can you use reasonable force to prevent any person trespassing on land or building ?
Crimes Act 1961, Section 56
Under Section 9 of the Trespass Act 1980, what may the occupier or Police require that person to give ?
- Name and address, and
- If they are in possession of a firearm, their fire arms license number
If the trespasser fails to give details, what may a Police member do ?
- Caution the person, and
- If person persists in their failure or refusal, arrest without warrant.