Trespass Flashcards

1
Q

What are the Elements of Trespass after warning to leave ?

A
  • Trespass
  • On any place
  • After being warned to leave that place by an occupier of that place
  • Neglects or refuses to do so
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2
Q

What Act and Sections is Trespass after warning to leave ?

A

Trespass Act 1980, Sec 3 (1) & 11 (2) (b)

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3
Q

What is the penalty under Trespass after warning to leave ?

A

3 months / $1000 fine

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4
Q

What defences are available for the defendant ?

A
  • Their own protection
  • The protection of somebody else
  • An emergency involving their property or the property of some other person
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5
Q

What Act and Section is Trespass after previous warning

A

Trespass Act 1980, Sec 4(4) & 11(2)(b)

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6
Q

What is the penalty under Trespass after previous warning ?

A

3 months / $1000 fine

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7
Q

What are the Elements of Trespass after previous warning ?

A
  • Being a person who has been warned under section 4 to stay off any place
  • Wilfully trespasses on that property
  • Within two years
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8
Q

What legal defences are available for Trespass after previous warning ?

A
  • 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
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9
Q

When can a trespass notice be given ?

A
  • Are likely to trespass
  • Are trespassing
  • Have trespassed
  • Have been convicted of trespass
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10
Q

Section 5 requirements pursuant to Section 3 and 4 - how must they be given ?

A
  • Orally

- By notice in writing served personally or by registered post to the trespassers usual place of abode in NZ

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11
Q

Under what Section can you use reasonable force to prevent any person trespassing on land or building ?

A

Crimes Act 1961, Section 56

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12
Q

Under Section 9 of the Trespass Act 1980, what may the occupier or Police require that person to give ?

A
  • Name and address, and

- If they are in possession of a firearm, their fire arms license number

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13
Q

If the trespasser fails to give details, what may a Police member do ?

A
  • Caution the person, and

- If person persists in their failure or refusal, arrest without warrant.

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