Trespass Act 1980

1: Short Title and commencement
1: This Act may be cited as the Trespass Act 1980.
2: This Act shall come into force on 1 January 1981.
2: Interpretation
1: In this Act, unless the context otherwise requires,— disturb domestic animal
a: an animal of any of the following kinds when not in a wild state, namely, horses, cattle, sheep, and swine, within the meaning of the Animals Act 1967, and poultry within the meaning of the Poultry Act 1968; and
b: any deer that is being lawfully kept in captivity within a deer-proof fence; and
c: any goat that is being lawfully kept in captivity within a goat-proof fence; and
d: any rabbit that is being lawfully kept in captivity; and
e: any wild animal within the meaning of the Wild Animal Control Act 1977
i: in a zoological garden; or
ii: in a manner or by a restraining device that will prevent its escape occupier private land weapon
2: Where, except by virtue of this subsection, no person is the occupier of any place or land, the owner of that place or land shall, for the purposes of this Act, be deemed to be its occupier. 1968 No 52 s 2
3: Trespass after warning to leave
1: Every person commits an offence against this Act who trespasses on any place and, after being warned to leave that place by an occupier of that place, neglects or refuses to do so.
2: It shall be a defence to a charge under subsection (1) if the defendant proves that it was necessary for him to remain in or on the place concerned for his own protection or the protection of some other person, or because of some emergency involving his property or the property of some other person. 1968 No 52 s 3
4: Trespass after warning to stay off
1: Where any person is trespassing or has trespassed on any place, an occupier of that place may, at the time of the trespass or within a reasonable time thereafter, warn him to stay off that place.
2: Where an occupier of any place has reasonable cause to suspect that any person is likely to trespass on that place, he may warn that person to stay off that place.
3: Where any person is convicted of an offence against this Act committed on or in respect of any place, the court may warn that person to stay off that place.
4: Subject to subsection (5), every person commits an offence against this Act who, being a person who has been warned under this section to stay off any place, wilfully trespasses on that place within 2 years after the giving of the warning.
5: It shall be a defence to a charge under subsection (4) if the defendant proves that—
a: the person by whom or on whose behalf the warning concerned was given is no longer an occupier of the place concerned; or
b: it was necessary for the defendant to commit the trespass for his own protection or for the protection of some other person, or because of some emergency involving his property or the property of some other person. 1968 No 52 s 4
5: Delivery of warnings
A warning under section 3 section 4 1968 No 52 s 4(2)
6: Disturbance of domestic animals by trespasser
Every person commits an offence against this Act who trespasses on any private land, and—
a: by means of a dog, weapon, or vehicle, disturbs any domestic animal on that land; or
b: wilfully or recklessly disturbs any domestic animal on that land. 1968 No 52 s 5
7: Laying of poison or setting of traps on private land
Every person commits an offence against this Act who, without the authority of an occupier of any private land, or other lawful authority,—
a: lays any poison or poisoned bait on that land; or
b: sets any trap on that land.
8: Gates
Every person commits an offence against this Act who—
a: trespasses on any private land and wilfully—
i: opens and leaves open a shut gate; or
ii: unfastens and leaves unfastened a fastened gate; or
iii: shuts and leaves shut an open gate; or
b: with intent to cause loss, annoyance, or inconvenience to any other person,—
i: opens and leaves open a shut gate; or
ii: unfastens and leaves unfastened a fastened gate; or
iii: shuts and leaves shut an open gate— on or leading to any land used for the farming of domestic animals or of any other animals held under lawful authority. 1968 No 52 s 7
9: Obligation to give name and other particulars
1: An occupier of any private land upon which any person is found trespassing, or any constable
a: give particulars of his name and place of abode; and
b: give the number of his firearms licence under the Arms Act 1983
2: If any such person fails or refuses to comply with a requirement made under subsection (1), any constable
3: Every person commits an offence against this Act who, in response to a requirement under subsection (1),—
a: fails or refuses to comply with that requirement; or
b: gives a false name or place of abode; or
c: wilfully gives particulars of his place of abode that are insufficiently precise to enable it to be identified readily. 1968 No 52 s 8 1977 No 111 s 34 Section 9(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 9(1)(b) substituted 1 June 1984 section 76(1) Arms Act 1983 Section 9(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
10: Charges
Proceedings under this Act may be commenced only by an occupier of the place concerned or a constable. Section 10 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
11: Offences and penalties
1:
2: Every person who commits an offence against this Act shall be liable on conviction—
a: in the case of an offence against section 3 section 4 section 12
b: in the case of an offence against section 6(a) section 7
c: in the case of an offence against section 6(b)
d: in the case of an offence against section 8
e: in the case of an offence against section 9 Section 11(1) repealed 1 July 2013 section 413 Criminal Procedure Act 2011
12: Weapons
1: Where any person is convicted by any court of an offence against this Act, and it is proved that at the time of the offence he was carrying a weapon or had a weapon with him, the court, instead of or in addition to any other penalty, order, or direction, may make either or both of the following orders:
a: an order that the person be disqualified from holding a firearms licence or any other licence or permit under the Arms Act 1983
b: an order that the person shall not carry any weapon, or any weapon of a specified class, for such period not exceeding 2 years from the date of the conviction as the court thinks fit.
2: Where an order is made under subsection (1)(a) that a person be disqualified from holding a firearms licence or any other licence or permit under the Arms Act 1983
3: Every person commits an offence against this Act who carries a weapon in contravention of an order under subsection (1)(b).
4: Where any person is convicted by any court of an offence against section 6 Section 12 substituted 1 June 1984 section 76(2) Arms Act 1983
12A: Application of Act to public bars
Notwithstanding anything in sections 187 and 188 of the Sale of Liquor Act 1962 or in section 13
a: any premises in respect of which any hotel premises licence or tavern premises licence is in force under and within the meaning of the Sale of Liquor Act 1962; or
b: any premises conducted as a hotel or tavern by any licensing trust pursuant to any of the provisions of the Licensing Trusts Act 1949, the Masterton Licensing Trust Act 1947, and the Invercargill Licensing Trust Act 1950. Section 12A inserted 10 July 1987 Trespass Amendment Act 1987
13: Savings
Nothing in this Act shall derogate from anything that any person is authorised to do by or under any other enactment or by law
a: section 42 of the Mining Act 1971
b: section 23 of the Civil Aviation Act 1964:
c: any enactment or instrument conferring a right of entry on any land. 1968 No 52 s 11 Section 13 amended 22 October 1981 Trespass Amendment Act 1981
14: Repeal
The Trespass Act 1968