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Crimes Act 1961

Matters of justification or excuse - Defence of property

54: Defence of movable property without claim of right

You could also call this:

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

If you have an object that you can move, and you’re holding it peacefully, but you don’t claim it’s yours or that you’re acting for someone who says it’s theirs, you can’t legally defend your possession of it against someone who has the right to have it. This means that if you try to keep the object from its rightful owner, you might get in trouble with the law. Remember, this is about things you can move, not buildings or land.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328281.

Topics:

Crime and justice > Criminal law

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.”

55: Defence of dwellinghouse, or

“You can use force to stop someone from breaking into your home if you think they shouldn't be there.”

Part 3 Matters of justification or excuse
Defence of property

54Defence of movable property without claim of right

Every one in peaceable possession of any movable thing, but neither claiming right thereto nor acting under the authority of a person claiming right thereto, is neither justified in nor protected from criminal responsibility for defending his or her possession against a person entitled by law to possession.
Repealed

Compare

1908 No 32 s 79

Notes

Section 54(2): repealed, on 1 January 1981, by section 2(2) of the Crimes Amendment Act 1980 (1980 No 63).