Crimes Act 1961

Matters of justification or excuse - Defence of property

56: Defence of land or building

You could also call this:

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

If you are in a place and you have permission to be there, you can use reasonable force to stop someone from entering that place without permission. You can also use reasonable force to remove someone who is already in that place without permission. However, you must not hurt that person or cause them bodily harm.

You are allowed to defend the place if you are the owner, or if you are helping the owner, or if the owner has given you permission to be there.

The law says you can use force to protect the place, but you must always try not to hurt anyone.

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This page was last updated on

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


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55: Defence of dwellinghouse, or

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


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57: Assertion of right to land or building, or

"Entering land or a building you have a right to be in"

Part 3Matters 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 Repealed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  • Section 56(2): repealed, on , by section 2(2) of the Crimes Amendment Act 1980 (1980 No 63).