Crimes Act 1961

Matters of justification or excuse - Peaceable entry

57: Assertion of right to land or building

You could also call this:

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

You can peacefully enter any land or building during the day if you or someone who has given you permission is legally allowed to own it. You can do this to take control of the property. This only applies during daylight hours, and you must enter without causing trouble or using force.

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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 law

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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.”


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58: Exercise of right of way, etc, or

“You can go onto someone's land to use a path or take something if you have the right, but if they disagree, they might try to stop you.”

Part 3 Matters 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 Repealed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 Repealed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  • Section 57(2): repealed, on , by section 2(2) of the Crimes Amendment Act 1980 (1980 No 63).
  • Section 57(3): repealed, on , by section 2(2) of the Crimes Amendment Act 1980 (1980 No 63).