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Crimes Act 1961

Crimes against public order - Unlawful assemblies, riots, and breaches of the peace

91: Forcible entry and detainer

You could also call this:

"Illegally taking or keeping someone else's land by force or causing trouble"

Illustration for Crimes Act 1961

If you enter someone else's land by force, or in a way that might cause trouble, you are committing forcible entry. This is true even if you think you have the right to be on the land. You are doing this if you are trying to take possession of the land from someone who is already peacefully living or working there.

If you are already on someone else's land without a good reason, and you won't let the person who is entitled to be there have it back, you are committing forcible detainer. This is also true if you are causing trouble or might cause trouble by not giving the land back.

Whether someone has a good reason to be on the land, or if they are really in possession of it, is something that needs to be figured out. If you commit forcible entry or forcible detainer, you could go to prison for up to one year.

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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=DLM328569.

Topics:
Crime and justice > Criminal lawHousing and property > Land use
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Part 5Crimes against public order
Unlawful assemblies, riots, and breaches of the peace

91Forcible entry and detainer

  1. Every one commits forcible entry when, by force or in a manner that causes or is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, he or she enters on land that is in the actual and peaceable possession of another for the purpose of taking possession, whether or not he or she is entitled to enter.

  2. Every one commits forcible detainer when, being in actual possession of land without claim of right, he or she detains it, in a manner that causes or is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against another who is entitled by law to possession of the land.

  3. Whether there was actual possession, or claim of right, is a question of fact.

  4. Every one who commits forcible entry or forcible detainer is liable to imprisonment for a term not exceeding 1 year.

Compare
  • 1908 No 32 s 111
Notes
  • Section 91(2): amended, on , by section 6 of the Crimes Amendment Act 2003 (2003 No 39).
  • Section 91(3): amended, on , by section 6 of the Crimes Amendment Act 2003 (2003 No 39).