Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Matters of justification or excuse - Defence of property

52: Defence of movable property against trespasser

You could also call this:

“You can use reasonable force to protect or get back your things from someone who shouldn't have them, as long as you don't hurt them.”

If you have peaceful possession of something that can be moved, you are allowed to use reasonable force to stop a trespasser from taking it. You can also use reasonable force to take it back from a trespasser who has already taken it. Anyone who is legally helping you can do this too. However, you must not hit the trespasser or cause them any physical harm.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328277.

Topics:

Crime and justice > Criminal law

51: Defence of person under protection, or

“You can protect someone else from being hurt if they can't protect themselves.”

53: Defence of movable property with claim of right, or

“You can use reasonable force to protect things you believe are yours, but you can't hurt anyone.”

Part 3 Matters of justification or excuse
Defence of property

52Defence of movable property against trespasser

Every one in peaceable possession of any movable thing, and every one lawfully assisting him or her, is justified in using reasonable force to resist the taking of the thing by any trespasser or to retake it from any trespasser, if in either case he or she does not strike or do bodily harm to the trespasser.
Repealed

Compare

1908 No 32 s 77

Notes

Section 52(2): repealed, on 1 January 1981, by section 2(2) of the Crimes Amendment Act 1980 (1980 No 63).