Trespass Act 1980 Flashcards
What are the 3 legal defences in S.3 for the trespasser to remain?
1) Their OWN protection
2) The protection of SOMEBODY ELSE
3) An EMERGENCY involving their own property or the property of somebody else
Definition for ‘lawful occupier’?
Any person in lawful occupation of that place or land and includes any employee or other person under the authority of any person in lawful occupation of that place or land
When is a person not a trespasser?
A person is not a trespasser until he or she has/must be warned to leave by the lawful occupier and then refuses to do so
What are the 4 legal defences in S.4 for the trespasser to remain?
1) Their OWN protection
2) The protection of SOMEBODY ELSE
3) An EMERGENCY involving their property or the property of some other person
4) The OCCUPIER who gave the warning NO LONGER OCCUPIES the place concerned
S.5, Trespass Act 1980
Warnings given pursuant to S.3 and S.4
- may be given orally, by notice in writing served personally or by registered post to the trespassers place of abode in NZ
S.9, Trespass Act 1980
Demanding details of Identity - 3 Requirements (1)
1) Occupier/Police may require that person to:
a) give their NAME and ADDRESS
b) if they are in possession of a FIREARM, give firearms licence number
S.9, Trespass Act 1980
Demanding details of Identity - 3 Requirements (2)
2) If that person FAILS or REFUSES to comply with these requirements:
- CAUTION
- if the person persists, ARREST without warrant
S.9, Trespass Act 1980
Demanding details of Identity - 3 Requirements (3)
3) OFFENCES are:
a) FAILING or REFUSING to comply with the requirements
b) giving FALSE NAME and ADDRESS
c) wilfully giving particulars that are insufficiently precise to enable the address to be readily identified
Procedures for dealing with trespass offence against S.3
- Obtain full particulars of complaint
- ensure the victim is an occupier
- ascertain all facts about the complaint
- ensure the offender is a trespasser
