Trespass Act 1980 Flashcards
What are the ingredients for Trespass after warning to leave?
- Trespasses
- On any place
- After being warned to leave that place by an occupier of that place
- Neglects or refuses to do so
What is section 3 of the Trespass Act 1980?
Trespass after warning to leave.
When is there a legal defence to the 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
- the occupier who gave the warning no longer occupies the place concerned (only applies for section 4)
Can use of force be used on a person trespassing?
Yes. 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 there 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.
What is section 4 of the Trespass Act 1980?
Trespass after previous warning.
What are the ingredients of Trespass after previous warning?
- Being a person who had been warned under Section 4 to stay off any place
- Wilfully trespasses on that place
- Within two years
What is Section 5 of the Trespass Act 1980?
Warning requirements
Warnings given pursuant to section 3 and 4 may be given orally, by notice in writing served personally or by registered post to the trespasser’s usual place of abode in New Zealand.
What is section 9 of the Trespass Act 1980?
Demanding details of identity
When any person is found trespassing on any private land; the occupier or any member of police may require that person to:
* give their name and address, and
* if they are in possession of a firearm, give their firearms licence number.
