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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:

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

Illustration for Crimes Act 1961

If you have something that can be moved, but you do not own it and are not looking after it for the owner, you are not allowed to defend it against the person who is legally allowed to have it. You will still be responsible for your actions under the law if you try to defend your possession of the thing. The law applies to you even if you are just holding onto the thing and not claiming it belongs to you.

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

"Defending something you think is yours"

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Part 3Matters of justification or excuse
Defence of property

54Defence of movable property without claim of right

  1. 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.

  2. Repealed
Compare
  • 1908 No 32 s 79
Notes
  • Section 54(2): repealed, on , by section 2(2) of the Crimes Amendment Act 1980 (1980 No 63).