NZ Trespass Orders: What You Need to Know - Why, Where, When, and How
Trespass orders are legal tools that protect property owners and occupiers from unwanted visitors in New Zealand. If you're concerned about someone entering or remaining on your property without permission, a trespass order might be a solution. Here’s what you need to know about why, where, when, and how to use trespass orders effectively.
**https://www.police.govt.nz/about-us/publication/trespass-notice-form
Why: The Purpose of a Trespass Order
A trespass order is designed to prevent someone from entering or returning to your property. This could be because they pose a threat, have previously caused trouble, or simply refuse to leave when asked. Issuing a trespass notice serves as a formal warning that legally restricts their access.
Trespass orders help:
- Protect your property and safety: Whether it’s your home, business, or farm, trespass orders create a legal boundary.
- Maintain peace: If someone repeatedly disturbs your peace, the order provides a formal mechanism to stop them from returning.
- Provide legal backing: If the person ignores the order, you have the right to call the police, and they may face legal penalties.
Where: Locations Covered by a Trespass Order
Trespass orders can apply to a range of locations, including:
- Private homes and land: You can issue a trespass order to prevent unwanted people from entering or remaining on your property.
- Businesses: If someone disrupts your business operations or poses a security risk, you can issue a trespass notice.
- Farms and rural properties: Protecting agricultural land is crucial, especially if there are concerns about livestock or crop damage.
When: Timing for Issuing a Trespass Notice
It’s important to know when a trespass order is appropriate:
- Immediate threat or disruption: If someone refuses to leave your property after being asked, you can issue a verbal trespass warning. If they return, you can take legal action.
- Persistent trespassing: If a person repeatedly comes onto your property uninvited, a written trespass order can be a stronger deterrent.
- After an incident: If you feel unsafe following an encounter with someone on your property, issuing a trespass notice can prevent future incidents.
How: Steps to Issue a Trespass Order
Issuing a trespass order is straightforward:
- Verbal Notice: Ask the person to leave your property. If they refuse or you want to make it official, you can give a verbal warning, stating that they are trespassing.
- Written Notice: For a more formal approach, issue a written trespass notice. This should include:
- The date of the notice.
- A clear description of the property.
- A statement that the person is prohibited from entering or remaining on the property for up to two years (as per the Trespass Act 1980).
- Your signature as the property owner or occupier.
- Deliver the Notice: Hand the notice to the individual, or send it via email or post. Keep proof of delivery in case you need to involve the police later.
- Involve the Police: If the person ignores the trespass notice, contact the police. They can arrest the individual, and they may be fined or even face imprisonment for up to three months under the Trespass Act.
What Happens if a Trespass Order is Ignored?
If someone continues to trespass after being issued a notice, they can face serious legal consequences. Under the Trespass Act 1980:
- A first offense can result in a fine of up to $1,000 or imprisonment for up to three months.
- Repeat offenders may face harsher penalties, depending on the circumstances.
How Long Does a Trespass Order Last?
A trespass order remains in force for up to two years from the date of issue. If needed, you can reissue the order after it expires.
Conclusion: Why Trespass Orders Matter
Trespass orders are an important tool to safeguard your rights as a property owner or occupier. Whether you’re dealing with persistent trespassers or want to prevent a potential threat, understanding when and how to issue a trespass order can provide peace of mind. Always keep a record of any notices you issue, and don’t hesitate to involve the police if the order is ignored.
If you’re uncertain about your rights or the process, it may be helpful to seek legal advice. Protecting your property is essential, and knowing the steps to take can make all the difference.
Feel free to reach out if you have any questions or need assistance with issuing a trespass order in New Zealand!
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