Tresspassing

Question 1

Define Tresspassing

Answer 1

Trespasses on any place, after being warned to leave by the lawful occupier of that place an neglects or refuses to leave.

Question 2

What are the elements of trespassing?

Answer 2

Trespasses
On any place
After being warned to leave that place by an occupier of that place
Neglects or refuses to do so

Question 3

What is the procedure for dealing with a trespass offence against section 3 of the trespass act?

Answer 3

Obtain full particulars of the complaint and ensure the victim is an occupier
A certain all facts of the complaint
Ensure the offender is a trespasser
If committing trespass you have three options -
1. Arrest for the offence under section 3
2. Record their particulars and formally warn them it is an offence to return within 2 years
3. If continued refusal, ask the occupier “do you want me to act on your behalf?” Give them reasonable time to leave, arrest them if necessary.

Question 4

Summarise section 3 of the Trespass Act 1980

Answer 4

Ability to make an arrest for trespass after warning to leave and refusing to do so

Question 5

Summarise Section 4 of the Trespass Act 1980

Answer 5

If the occupier believes the offender will commit trespassing, they issue a warning to stay off the property, an arrest can be made if they persist in being on the property.

Question 6

What is the procedure under section 4 of the Trespass Act 1980?

Answer 6

Obtain full particulars of victim and ensure he/she is the lawful occupier
Ascertain all facts of the complaint, establish that the warning was given within the last 2 years, check the documentation for the warning.
Speak to the offender, attempt to attain acknowledgement of the warning, or seek an explanation.
Warn to leave again, and if they fail to do so, make an arrest under section 4.

Question 7

List the powers under section 9 of the Trespass Act 1980

Answer 7

Trespasses are to give full name and particulars, including place of abode
Give the number of his firearms licence under the Arms Act 1983 if he’s in possession
If they fail to comply or give false particulars police may arrest without warrant

Question 8

Define lawful occupier

Answer 8

Lawful occupier means any person in lawful occupation of that place or land and includes any employee or other person acting on under the authority of the lawful occupier of that place or land.

Question 9

How long is the warning effective under section 4 of the Trespass Act 1980?

Answer 9

2 years

Question 10

List the ways that warnings can be issued to the pursuant under the Trespass Act 1980

Answer 10

Warnings given to the pursuant can be given orally, by notice in writing or by registered post to the trespassers usual place of abode in New Zealand

Question 11

List the legal defences to section 3 of the Trespass Act 1980

Answer 11

Trespasses for their own protection
Trespasses for the protection of somebody else
Emergency involving their property or the property of some other person

Question 12

What is the procedure for dealing with a trespass offence at public entertainments or public meetings?

Answer 12

A person at public entertainments or public meetings becomes a trespasser when asked to leave by the management or chairperson and still refused to leave.

Question 13

What are the provisions of section 56 of the Crimes Act, which relate to using reasonable force to prevent trespassing?

Answer 13

Reasonable force may be used to prevent any person from trespassing on any land or building when lawfully assisting the occupier of such land or building.

Question 14

What are the elements to trespass after previous warnings? (Section 4)

Answer 14

Being a person who has been warned under section 4 to stay off any place
Wilfully trespasses on that place
Within 2 years

Question 15

When is a trespass notice given?

Answer 15

When a person is likely to trespass
Are trespassing
Have trespassed
Have been convicted of trespass