Crimes Act 1961

Matters of justification or excuse - Defence of property

55: Defence of dwellinghouse

You could also call this:

"Protecting your home from break-ins: when you can use force to stop someone"

Illustration for Crimes Act 1961

If you are in a house and someone is trying to break in, you are allowed to use force to stop them. You must believe that the person breaking in does not have a good reason to do so. You can only use as much force as is necessary to prevent them from entering the house. This also applies to anyone who is helping you or acting on your behalf to protect your house.

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


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

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


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56: Defence of land or building, or

"Protecting a place you're allowed to be in with reasonable force"

Part 3Matters 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)