Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Matters of justification or excuse - Defence of property

55: Defence of dwellinghouse

You could also call this:

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

If you are living peacefully in your home, you can use force to stop someone from breaking in. You can also help someone else do this if they ask you to. You’re allowed to do this if you have good reasons to think the person breaking in doesn’t have a legal right to enter. You can use as much force as you need to stop them from getting in.

This law also applies to people who are helping you protect your home. They can use force too, as long as you’ve given them permission or asked for their help.

Remember, this only applies when you believe the person trying to enter doesn’t have a legal reason to do so. It’s important to be sure about this before you use any force.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328283.

Topics:
Crime and justice > Criminal law
Crime and justice > Police and safety
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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.”

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56: Defence of land or building, or

“You can use reasonable force to stop people from entering or remove them from your property without hurting them.”

Part 3 Matters of justification or excuse
Defence of property

55Defence of dwellinghouse

  1. Every one in peaceable possession of a dwellinghouse, and every one lawfully assisting him or her or acting by his or her authority, is justified in using such force as is necessary to prevent the forcible breaking and entering of the dwellinghouse by any person if he or she believes, on reasonable and probable grounds, that there is no lawful justification for the breaking and entering.

Compare
  • 1908 No 32 ss 80, 81
  • Criminal Code (1954) s 40 (Canada)