Crimes Act 1961

Crimes against rights of property - Burglary

231A: Entry onto agricultural land with intent to commit imprisonable offence

You could also call this:

“Going onto a farm to do something illegal can get you in big trouble”

You can get in trouble if you go onto farm land without permission to do something illegal. This is called an offence, and you could go to prison for up to 10 years if you do it.

This law applies when you enter farm land planning to do something illegal to buildings, animals, or machines on that land. You don’t have to be fully on the land to be breaking this law. If any part of your body or something you’re using touches the land, that counts as entering.

If you trick someone or threaten them to get onto the land, that’s the same as entering without permission.

This law covers all kinds of farm land, including places where people grow crops, fruit, vegetables, grapes for wine, keep bees, or grow trees. But it doesn’t include buildings on the farm.

There are other parts of the law, Sections 232 and 233, that also apply to this situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS170472.

Topics:
Crime and justice > Criminal law
Environment and resources > Farming and fishing

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231: Burglary, or

“Entering or staying in a building or ship without permission to do something illegal”


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232: Aggravated burglary, or

“Breaking into a place while having or using a weapon is a more serious crime than regular burglary.”

Part 10 Crimes against rights of property
Burglary

231AEntry onto agricultural land with intent to commit imprisonable offence

  1. A person commits an offence and is liable to imprisonment for a term not exceeding 10 years if they enter onto any land used for agricultural purposes, without authority and with intent to commit an imprisonable offence relating to any building or structure, livestock, animal, or machinery on that land.

  2. For the purpose of this section,—

  3. entry onto land occurs as soon as any part of the body of the person entering onto the land, or any part of any instrument used by that person, is within the boundaries of the land; and
    1. everyone who gains entry onto land by any threat or artifice used for that purpose is to be treated as having entered without authority.
      1. Sections 232 and 233 apply to this section with any necessary modifications.

      2. For the purpose of this section,—

        agricultural purposes includes (without limitation) the farming of livestock or crops, horticulture (including growing fruit, berries, or vegetables), viticulture, bee-keeping, and forest cultivation

          land does not include a building within the meaning given in section 231.

          Notes
          • Section 231A: inserted, on , by section 8 of the Crimes Amendment Act 2019 (2019 No 4).