Unlawfully on Property and Trespass Flashcards
What is the procedure for dealing with a trespass offence against Section 3 of the Trespass Act 1980?
1) Obtain full particulars of the complaint and ensure the victim is an occupier
2) Ascertain all the facts of the complaint (Cover elements of the offence)
3) Decide whether the suspect s there without authority (Get both sides of the story, Make sure the trespasser has no legal rights)
4) Ask the complainant to, in YOUR PRESENCE, warn the person to leave
5) If the person decides to leave peacefully:
a) Record full particulars
b) If the occupier so requests, warn the suspect to stay off, and inform them that they commit an offence if the return within two years
6) If the person continues to refuse to leave:
a) Confirm the warning by having the occupier ask the suspect to leave in your presence
b) If the person continues to refuse to leave, ask the victim in the presence of the suspect, “Do you wish me to act on your behalf?
7) If the victim consents, warn the suspect to leave, Give them reasonable time to leave, if they still refuse to leave, you can arrest the suspect.
What is the procedure for dealing with a trespass offence against Section 4 of the Trespass Act 1980?
1) Obtain full particulars of victim and ensure they are the lawful occupier.
- Ascertain all facts of the complaint:
a) Establish that there was a warning within last 2 years
b) Check for any documentary proof of the warning
2) Speak to the offender;
- If possible, obtain acknowledgement of the previous warning
- Seek an explanation from the offender
- Make sure the trespasser has no legal defence
3) If the tresspass notice is not acknowledged, satisfy yourself that the victim has made the correct identification
4) Warn to leave and if he/ she refuses, use your discretion
- Arrest the offender (s.315 of the Crimes Act 1961)
List your powers under Section 9 of the Trespass Act
Where any person is found trespassing on any rivate land:
- the Occupier or any member of police may require that person to:
1) Give particulars of his/ her name and place of abode; and
2) give the number of his/ her firearms license if he/ she is in possession of a firearm.
If any such person fails or refuses to comply with these requirements, any member of police may:
- Caution him/ her and
If he/ she persists in his/ her failure or refusal…
- arrest without warrant.
Define ‘lawful occupier’
Any person in lawful occupation of that place or land and includes any employee or other person acting under the authority of any person in lawful occupation of that place and land.
How long is a warning effective under Section 4 of the Trespass Act 1980?
A warning under Section 4 of the Trespass Act 1980 is effective for 2 YEARS.
List the ways in which warnings are given pursuant to Sections 3 and 4 of the Trespass Act 1980
They may be given:
- orally
- by notice in writing served personally or
- by registered post to the trespassers usual place of abode in NZ.
What is the procedure for dealing with a trespass offence at Public entertainments or Public meetings?
If an audience member abuses their privileges, the management may order that person to leave. If the person refuses to leave, they become a trespasser and commit an offence. In reference to a public meeting, any person who is ordered to leave by the chairperson must do so or be treated as a trespasser.
What are the provisions of Section 56 of the Crimes Act which relate to when you may use reasonable force to prevent any person from trespassing?
Under Section 56 reasonable force may be used to prevent any person trespassing on any land in peaceable possession of such land or building.
List the legal defences to Section 3 of the Trespass Act
1) Their own protection
2) The protection of someone else
3) An emergency involving his or her own property or the property of another person.
What are the elements of Trespass Section 3 (after warning to leave)?
1) Trespass
2) On any place
3) After being warned to leave that place by an occupier of that place
4) Neglects or refuses to do so
What are the elements of Trespass Section 4 (after previous warning)?
1) Being a person who has been warned under Section 4 to stay off any place
2) Wilfully trespasses on that place
3) Within two years
