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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:

“Entering or staying on land without permission can get you in trouble”

You commit forcible entry if you use force to enter land that someone else is peacefully using, even if you have the right to be there. This is also true if your actions are likely to cause a disturbance or make people worry about a disturbance.

You commit forcible detainer if you’re on land without a legal right and you refuse to leave in a way that might cause a disturbance or make people worry about one. This applies when someone else has the legal right to be there.

Whether someone actually possesses the land or has a claim of right to be there is something that needs to be proven with facts.

If you commit forcible entry or forcible detainer, you can go to prison for up to 1 year.

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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 law
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Part 5 Crimes 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).