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Crimes Act 1961

Matters of justification or excuse - Defence of property

52: Defence of movable property against trespasser

You could also call this:

"Protecting your things from someone who is trying to take them"

Illustration for Crimes Act 1961

If you are holding something that belongs to you and someone tries to take it away, you can use reasonable force to stop them. You can also use reasonable force to get it back if someone has already taken it from you. When you use force to protect your things, you must not hit or hurt the person trying to take them.

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This page was last updated on

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 lawCrime and justice > Victim support
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51: Defence of person under protection, or

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

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

"Defending something you think is yours"

Part 3Matters of justification or excuse
Defence of property

52Defence of movable property against trespasser

  1. 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.

  2. Repealed
Compare
  • 1908 No 32 s 77
Notes
  • Section 52(2): repealed, on , by section 2(2) of the Crimes Amendment Act 1980 (1980 No 63).