Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Matters of justification or excuse - Peaceable entry

58: Exercise of right of way, etc

You could also call this:

“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.”

You can enter someone’s land peacefully if you have a legal right to use a path, access, or take something from that land. This is called exercising your right of way, easement, or profit.

However, if the person who owns or lives on the land tells you they don’t think you have this right, be careful. If they or someone acting for them tries to stop you by pushing or hitting you, the law might see this as your fault for entering after being told not to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328289.

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

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59: Parental control, or

“Parents can use reasonable force to keep kids safe and well-behaved, but not to punish them.”

Part 3 Matters of justification or excuse
Peaceable entry

58Exercise of right of way, etc

  1. Every one lawfully entitled to enter on any land for the exercise of any right of way or other easement or profit is justified in peaceably entering on the land for the purpose of exercising that right of way, easement, or profit:

    provided that if any one so entering has notice that his or her right to use that way or easement, or to take that profit, is disputed by the person in possession of the land, an assault committed by that person, or by any person acting under his or her authority, for the purpose of making the person entering desist from entry, shall be deemed to be provoked by the person entering.

Compare
  • 1908 No 32 s 84