What to Do If Someone Refuses to Leave Your Business

Most small business owners don’t expect to deal with a “refuses to leave” situation until it happens right in front of staff and customers.

Maybe it’s an aggressive customer, a former contractor who’s come back to argue about payment, someone who’s intoxicated, or a person who’s been asked to leave before and keeps returning. Whatever the reason, it can feel confronting and messy.

The good news is you do have options in New Zealand, and using a trespass notice (issued properly) can be one of the clearest legal tools to help protect your team and your premises.

Below is a practical, business-focused guide to what you can do immediately, how trespass notices generally work in NZ, and how to reduce the chances of a repeat incident.

Why This Happens (And Why You Should Treat It Like A Business Risk)

When someone refuses to leave, it’s rarely “just” a customer service problem. For your business, it can quickly become a:

Health and safety risk (staff intimidation, threats, physical risk)
Operational risk (lost trading time, disruption, reputational damage)
Legal risk (how you remove them, what you say/do, privacy issues, discrimination concerns)
Security risk (damage, theft, return visits, stalking/harassment)

In NZ, you also have duties to keep your workplace safe under the Health and Safety at Work Act 2015. That doesn’t mean you must put yourself in danger - it means you should have sensible systems and training in place, so staff aren’t left improvising in a stressful moment.

Even if the person is “only” being loud or disruptive, it’s worth responding early. Many incidents escalate because staff feel unsure about what they’re allowed to do.

What Is A Trespass Notice In New Zealand (And When Should You Use One)?

A trespass notice is a formal instruction telling someone they are not allowed to enter (or remain on) your business premises.

In New Zealand, trespass is governed primarily by the Trespass Act 1980. In broad terms, if a person is warned to leave (or warned not to enter) and they refuse, or they come back again within the relevant period after being warned, that can become a matter for Police.

As a business owner, you might use a trespass notice when:

Someone is repeatedly abusive, threatening, or harassing staff
Someone has caused damage or attempted theft
A person has been removed previously and keeps returning
You need a clear, documented boundary for safety reasons
You’re dealing with stalking, intimidation, or persistent unwanted contact

Important: a trespass notice isn’t a “magic force field” that instantly resolves the incident. It’s a legal boundary (and can give Police clearer grounds to act if the person won’t leave or comes back). In the moment, your priority is de-escalation, safety, and getting the right help quickly.

Also keep in mind: if the person is an employee, former employee, or contractor, there can be extra layers (employment obligations, privacy, and process). We cover this later.

Practical Steps To Take Immediately When Someone Refuses To Leave

When you’re in the middle of an incident, you need simple steps your team can follow. Here’s a practical approach many NZ businesses adopt.

1) Stay Calm, Keep It Simple, And Don’t Argue

In the moment, long explanations usually make things worse. Use short, clear instructions.

“You need to leave the premises now.”
“If you don’t leave, we’ll call the Police.”
“We’re not continuing this conversation here.”

Try not to debate who’s “right”. Your goal is to end the situation safely.

2) Move Staff And Customers To Safety

If the person is angry, unpredictable, or intoxicated, prioritise safety over service.

Move staff away from the person (especially junior staff)
Create space (don’t crowd them; don’t block exits)
Consider moving customers away from the area
If needed, lock internal doors and secure high-risk areas (cash handling points, stock rooms)

This is where having clear written procedures really helps. Many businesses include incident response steps in a staff handbook or Workplace Policy so everyone knows who leads and what to do.

3) Call For Help Early (Including Police If Needed)

If there’s a threat of violence, a weapon, property damage, or you feel unsafe, call Police immediately. Trust your instincts here - you don’t need to “wait until something happens”.

If the issue is escalating but not yet dangerous, you can still call Police for assistance, particularly if the person refuses to leave after being clearly directed to do so.

If you have a security service, follow your agreed escalation steps.

4) Avoid Physical Removal Unless It’s Necessary And You Can Do It Safely

A common question is: “Can we physically remove them?”

This depends heavily on the circumstances. The law can allow an occupier (or someone acting under their authority) to use reasonable force to remove a trespasser in some situations, but what’s “reasonable” is very fact-specific, and using force can create serious legal and safety risk (especially if someone is injured).

As a small business, you should generally avoid physical removal unless:

There is an immediate safety reason, and
It can be done lawfully and reasonably, and
It does not put staff or customers at greater risk

In most situations, the safer approach is to direct them to leave, document what happened, and contact Police (or security) if they refuse or return.

5) Document What Happened (While It’s Fresh)

Write down:

Date and time
What was said (key phrases, threats, instructions to leave)
Witnesses (staff and customers)
Any property damage or theft attempts
Description of the person (or name if known)

If you have CCTV, preserve the footage. If you’re considering installing cameras (or reviewing your current setup), it’s worth checking your approach aligns with NZ privacy expectations - including signage and internal processes. For workplaces, Are Cameras Legal In The Workplace? is a useful starting point.

If staff are making incident notes, you’ll also want to handle those records carefully (who can access them, how long you keep them, and what you do if the person requests their information). Privacy management is much easier if you’ve already got a Privacy Policy that matches how your business actually operates.

How To Issue A Trespass Notice (And How To Make It More Enforceable)

Once things have settled, issuing a trespass notice is often the next step - especially if you’re worried the person will come back.

While the Trespass Act 1980 sets out the legal framework, the practical takeaway for businesses is:

You must make it clear the person is not allowed on your premises (or must leave immediately).
You should be able to prove they were warned (this is where written notices and good records help).
If they refuse to leave after being warned, or they return after being warned, Police may be able to act.

Verbal Vs Written Trespass Notice

A verbal trespass warning can be valid (for example: “You are trespassed. Leave now and do not return.”). However, a written trespass notice is usually easier to prove later.

Importantly, under the Trespass Act, a warning (whether given orally or in writing) can have effect for up to 2 years. That means good documentation matters, because Police may need proof of the earlier warning if the person comes back.

A written notice typically includes:

The person’s name (if known) and details/description
The address of the premises (be specific if you operate multiple sites)
A clear statement they are not permitted to enter
The period it applies for (often up to 2 years)
Date, and the name/signature of the person issuing it (owner/manager/authorised person)

If you’re issuing notices across multiple locations or through multiple managers, it’s worth getting clarity on who is authorised to issue them, and keeping a consistent template and register.

How Do You Serve A Trespass Notice?

Service can be done in different ways (for example, personally handing it to them). If you can’t safely hand it to them, you may be able to serve it another way (such as sending it to their last known address) - but because service and proof can matter if there’s a dispute, it’s smart to get advice if you anticipate pushback.

Practical tips to strengthen enforceability:

Keep a copy of the signed notice on file.
Record how it was served (date/time/method/witness).
Maintain a trespass register (name, description, expiry date, incident summary).
Brief your team on what the person looks like and what to do if they return (without escalating or profiling).

Can You Record The Interaction?

Businesses often ask whether they can record calls or in-person interactions during threatening incidents.

Call recording has its own rules and expectations in NZ, so if your team might use phone recordings (for example, if threats happen over the phone), it’s worth checking your approach aligns with privacy and telecom expectations. Call recording laws can be a helpful reference point.

For in-person incidents, CCTV and incident reporting can help - but you still need to handle recordings and personal information appropriately.

Common “Refuses To Leave” Scenarios For Small Businesses (And How To Handle Them)

Not every trespass situation is the same. Here are a few common scenarios we see NZ business owners run into.

A Customer Is Abusive Or Threatening Staff

This is one of the clearest situations for directing them to leave and considering a trespass notice if they return or if the behaviour is severe.

Practical steps:

Use a clear script for staff (“You need to leave now.”)
Escalate to a manager quickly
Document the incident and preserve CCTV
Issue a written trespass notice if appropriate

If you run a customer-facing business, it also helps to set expectations upfront (for example, signage about abusive behaviour not being tolerated, and a clear escalation process).

A Former Employee Turns Up And Won’t Leave

This can feel particularly stressful because emotions tend to run high - and there may also be employment law risks if things are handled poorly.

If the person is still employed, or recently employed, you’ll want to be careful about privacy, process, and consistency (for example, who is allowed to access footage, what information is shared with other staff, and how incident records are stored). Some businesses use an Employee Privacy Handbook to set out expectations around monitoring, CCTV, device use, and incident investigations.

If the person is still employed, be cautious about “stand-downs” or suspensions. In NZ, these steps are tightly constrained and often need to be provided for in the employment agreement and handled with fair process. Also check what your Employment Contract says about workplace conduct, lawful and reasonable directions, and disciplinary processes - you don’t want to accidentally turn a safety incident into a personal grievance risk by skipping fair process.

A Contractor Or Supplier Refuses To Leave During A Dispute

This often happens when there’s a disagreement over payment, scope of work, or quality issues.

Even if you’re “in the right”, don’t let the dispute play out on the shop floor. Separate the immediate safety issue (they must leave) from the commercial/legal dispute (which can be handled later in writing).

If the dispute is ongoing, it may be worth tightening up your contracts and dispute processes so staff aren’t left managing it in person.

A Person Is Trespassing But Claims They Have A Right To Be There

Sometimes a person claims they have a right to enter (for example, they believe they’re collecting property, they’re a former staff member, or they say they have an appointment).

Practical approach:

Ask for the purpose of the visit and evidence (without arguing)
If you can’t verify it quickly, direct them to leave and arrange a time to deal with it safely later
If they refuse, escalate to Police support

This is also where internal systems help: appointment registers, collection processes, and clear authorisations.

How To Reduce Repeat Incidents (And Protect Your Business “From Day One”)

Once you’ve dealt with one refusal-to-leave incident, it’s worth treating it as a trigger to tighten your processes. The goal isn’t to make your business feel like a fortress - it’s to help your team feel confident and protected.

Train Staff On A Simple Script And Escalation Path

In most small businesses, the risk isn’t that staff will overreact - it’s that staff will freeze, argue, or try to handle it alone.

Write down:

Who the “incident lead” is on each shift
When staff should call Police
Where staff should move to if they feel unsafe
How to document incidents (and where notes are stored)

Putting this into a Workplace Policy helps keep the approach consistent, especially if you have casuals, new staff, or multiple locations.

Review Your CCTV, Signage, And Privacy Settings

CCTV can deter bad behaviour and provide evidence. But you should also consider:

Where cameras are placed (avoid areas where privacy is expected)
Signage (so people know cameras operate)
Who can access footage
How long footage is kept

If you’re unsure what’s allowed, Are Cameras Legal In The Workplace? is a good checkpoint for business owners.

Keep Your Communication Clean And Professional

After an incident, it’s tempting to vent in emails, texts, or staff group chats. Try not to. Assume anything you write could be read later (in a complaint, investigation, or court context).

Keep incident notes factual, and limit personal opinions.

Get Your Legal “Toolkit” Sorted Early

Many refusal-to-leave incidents get worse because businesses don’t have a clear process for boundaries and behaviour.

Depending on your setup, it may help to have:

Clear staff behavioural policies and incident steps
Privacy processes for CCTV and incident records (supported by a Privacy Policy)
Employment documents that support safe workplace directions (including a solid Employment Contract)

It can feel like “extra admin” when you’re busy running a business - but having these foundations in place is one of the best ways to protect your business from day one.

Key Takeaways

A trespass notice is a practical legal tool for NZ businesses to set a clear boundary when someone should not enter or remain on your premises.
If someone refuses to leave, prioritise safety: keep instructions short, move staff/customers away, and call Police early if there’s any risk or escalation.
Documenting the incident (notes, witnesses, CCTV) makes it much easier to enforce a trespass notice and respond properly if the person returns.
Written trespass notices are usually easier to prove than verbal warnings, especially if you keep a copy and record when/how it was served.
If the person is a current or former employee, handle the situation carefully to avoid employment law and privacy problems - your processes and contracts matter.
Prevention is a real business win: clear workplace procedures, staff training, and privacy-compliant CCTV processes can reduce repeat incidents and protect your team.

If you’d like help handling a tricky trespass notice situation (or setting up workplace policies and processes that protect your business), you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.

What To Do If Someone Refuses To Leave Your Business Premises (NZ Trespass Notices)