Flashcards in Tresspassing Deck (15)
Trespasses on any place, after being warned to leave by the lawful occupier of that place an neglects or refuses to leave.
What are the elements of trespassing?
On any place
After being warned to leave that place by an occupier of that place
Neglects or refuses to do so
What is the procedure for dealing with a trespass offence against section 3 of the trespass act?
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.
Summarise section 3 of the Trespass Act 1980
Ability to make an arrest for trespass after warning to leave and refusing to do so
Summarise Section 4 of the Trespass Act 1980
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.
What is the procedure under section 4 of the Trespass Act 1980?
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.
List the powers under section 9 of the Trespass Act 1980
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
Define lawful occupier
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.
How long is the warning effective under section 4 of the Trespass Act 1980?
List the ways that warnings can be issued to the pursuant under the Trespass Act 1980
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
List the legal defences to section 3 of the Trespass Act 1980
Trespasses for their own protection
Trespasses for the protection of somebody else
Emergency involving their property or the property of some other person
What is the procedure for dealing with a trespass offence at public entertainments or public meetings?
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.
What are the provisions of section 56 of the Crimes Act, which relate to using reasonable force to prevent trespassing?
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.
What are the elements to trespass after previous warnings? (Section 4)
Being a person who has been warned under section 4 to stay off any place
Wilfully trespasses on that place
Within 2 years