Trespass

Question 1

What are the Elements of Trespass after warning to leave ?

Answer 1

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

Question 2

What Act and Sections is Trespass after warning to leave ?

Answer 2

Trespass Act 1980, Sec 3 (1) & 11 (2) (b)

Question 3

What is the penalty under Trespass after warning to leave ?

Answer 3

3 months / $1000 fine

Question 4

What defences are available for the defendant ?

Answer 4

• Their own protection
• The protection of somebody else
• An emergency involving their property or the property of some other person

Question 5

What Act and Section is Trespass after previous warning

Answer 5

Trespass Act 1980, Sec 4(4) & 11(2)(b)

Question 6

What is the penalty under Trespass after previous warning ?

Answer 6

3 months / $1000 fine

Question 7

What are the Elements of Trespass after previous warning ?

Answer 7

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

Question 8

What legal defences are available for Trespass after previous warning ?

Answer 8

• 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

Question 9

When can a trespass notice be given ?

Answer 9

• Are likely to trespass
• Are trespassing
• Have trespassed
• Have been convicted of trespass

Question 10

Section 5 requirements pursuant to Section 3 and 4 - how must they be given ?

Answer 10

• Orally

- By notice in writing served personally or by registered post to the trespassers usual place of abode in NZ

Question 11

Under what Section can you use reasonable force to prevent any person trespassing on land or building ?

Answer 11

Crimes Act 1961, Section 56

Question 12

Under Section 9 of the Trespass Act 1980, what may the occupier or Police require that person to give ?

Answer 12

• Name and address, and

- If they are in possession of a firearm, their fire arms license number

Question 13

If the trespasser fails to give details, what may a Police member do ?

Answer 13

• Caution the person, and

- If person persists in their failure or refusal, arrest without warrant.