Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Matters of justification or excuse - Peaceable entry

57: Assertion of right to land or building

You could also call this:

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

Illustration for Crimes Act 1961

You are allowed to enter someone's land or building if you have a lawful right to be there. You can do this during the daytime if you want to take possession of the land or building. This means you can go there if you own it or if someone who owns it says you can be there.

You must enter the land or building peacefully, which means you cannot use force or violence. This rule is part of the Crimes Act 1961, which is a law in New Zealand. The law says you can take possession of the land or building if you are lawfully entitled to do so.

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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=DLM328287.

Topics:
Crime and justice > Criminal lawHousing and property > Land use
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56: Defence of land or building, or

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

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58: Exercise of right of way, etc, or

"Entering someone's land when you have a right to be there"

Part 3Matters of justification or excuse
Peaceable entry

57Assertion of right to land or building

  1. Every one is justified in peaceably entering in the daytime on any land or building to the possession of which he or she, or some person under whose authority he or she acts, is lawfully entitled, for the purpose of taking possession thereof.

  2. Repealed

  3. Repealed
Compare
  • 1908 No 32 s 83
Notes
  • Section 57(2): repealed, on , by section 2(2) of the Crimes Amendment Act 1980 (1980 No 63).
  • Section 57(3): repealed, on , by section 2(2) of the Crimes Amendment Act 1980 (1980 No 63).