Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Matters of justification or excuse - Defence of property

56: Defence of land or building

You could also call this:

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

You can use reasonable force to stop someone from trespassing on land or a building you peacefully own or live in. This also applies if you’re helping the owner or acting with their permission. However, you can’t hit the trespasser or hurt them physically. You can only use force to keep them out or remove them from the property.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328284.

Topics:
Crime and justice > Criminal law
Housing and property > Land use
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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.”

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57: Assertion of right to land or building, or

“You can go into a place you own during the day to take control of it.”

Part 3 Matters of justification or excuse
Defence of property

56Defence of land or building

  1. Every one in peaceable possession of any land or building, and every one lawfully assisting him or her or acting by his or her authority, is justified in using reasonable force to prevent any person from trespassing on the land or building or to remove him or her therefrom, if he or she does not strike or do bodily harm to that person.

  2. Repealed
Compare
  • 1908 No 32 s 82
Notes
  • Section 56(2): repealed, on , by section 2(2) of the Crimes Amendment Act 1980 (1980 No 63).