Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Matters of justification or excuse - Defence of property

53: Defence of movable property with claim of right

You could also call this:

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

You have the right to protect movable things that you believe are yours, even if someone else might legally own them. If you’re peacefully holding onto something you think is yours, you can use reasonable force to keep it. This also applies to people acting on your behalf. However, you can’t hit the other person or cause them any physical harm. This protection from being charged with a crime only works if you use reasonable force and don’t hurt anyone.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328279.

Topics:
Crime and justice > Criminal law
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52: Defence of movable property against trespasser, or

“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.”

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54: Defence of movable property without claim of right, or

“You can't protect yourself from punishment if you try to keep something that isn't yours and doesn't belong to you.”

Part 3 Matters of justification or excuse
Defence of property

53Defence of movable property with claim of right

  1. Every one in peaceable possession of any movable thing under a claim of right, and every one acting under his or her authority, is protected from criminal responsibility for defending his or her possession by the use of reasonable force, even against a person entitled by law to possession, if he or she does not strike or do bodily harm to the other person.

  2. Repealed
Compare
  • 1908 No 32 s 78
Notes
  • Section 53(2): repealed, on , by section 2(2) of the Crimes Amendment Act 1980 (1980 No 63).