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:

"Defending something you think is yours"

Illustration for Crimes Act 1961

If you are holding something that you believe belongs to you, and someone tries to take it away, you can use reasonable force to defend it. You are protected from getting in trouble with the law for defending something you think is yours, even if the other person is actually the legal owner. You must not hurt the other person or use more force than is necessary to protect what you believe is yours.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM328279.

Topics:
Crime and justice > Criminal law
Previous

52: Defence of movable property against trespasser, or

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

Next

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

"Defending something that isn't yours is not allowed"

Part 3Matters 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 Repealed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  • Section 53(2): repealed, on , by section 2(2) of the Crimes Amendment Act 1980 (1980 No 63).