The Trespass Act 1980 sets out when a person can be required to leave a place, when they can be warned to stay off, and what can happen if they ignore that warning. It applies across many business settings, including shops, bars, offices, warehouses and farms.
Main laws
New Zealand Act
Trespass Act 1980
The Trespass Act 1980 is the main New Zealand law for dealing with people who enter or remain on premises without permission after a proper...
In forceNew ZealandPlain-English guide8 practical checks
Plain-English explainers, not legal advice. Use the linked official source for section-level detail, and get advice for your situation.
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Quick read
- The Trespass Act 1980 gives occupiers a legal process for telling someone to leave, warning them to stay off, and responding if they return.
- For businesses, this is most relevant when a customer, former employee, contractor or other visitor becomes disruptive, refuses to leave, or keeps coming back after being banned.
Likely relevant if
- Retail stores and shopping premises
- Hospitality venues including bars and taverns
- Offices, warehouses and industrial sites
Check first
- A person warned by an occupier to leave a place must not neglect or refuse to leave.
- A person warned to stay off a place must not wilfully trespass there within 2 years after the warning, unless a statutory defence applies.
- A warning under section 3 or section 4 must be given personally to the individual concerned, either orally, by written notice delivered to them, or by registered post to their usual place of abode in New Zealand.
What this Act does
For small businesses, the main value of the Act is that it gives a recognised process for site access decisions. It is often used when someone refuses to leave, repeatedly returns after being banned, or enters private land and creates safety or operational problems.
Practical sense check
- Check who the occupier is
- Decide whether you need a leave-now warning or a stay-off warning
- Keep a record of what was said, by whom, and when
- Use a consistent process for managers, staff and security
- Call Police promptly if there is immediate safety risk
Who can use it
The Act uses the term occupier. That means a person in lawful occupation of the place or land. It also includes an employee or other person acting under that person’s authority. If no one else is the occupier, the owner is treated as the occupier.
For a business, that may be the owner, tenant, manager, farm manager, security staff or another authorised employee. If the premises are leased, the tenant in lawful occupation will often be the key party.
The two main warning options
Section 3 deals with a warning to leave. A person commits an offence if they trespass on a place and, after being warned to leave by an occupier, neglect or refuse to do so. This is the immediate removal tool.
Section 4 deals with a warning to stay off. An occupier may give that warning when a person is trespassing or has trespassed, or when the occupier has reasonable cause to suspect the person is likely to trespass. A court may also warn a person to stay off a place after conviction.
If a person who has been warned under section 4 then wilfully trespasses on that place within 2 years, that can be an offence. The Act also includes defences in some emergency or protection situations.
Key points
- Use a leave warning when the person is on site and needs to go now
- Use a stay-off warning when you want to prevent a return
- Record the date carefully because the stay-off warning lasts 2 years
- Check whether any emergency or protection defence may apply before escalating
How warnings must be given
A warning under section 3 or section 4 must be given to the individual person concerned. The Act allows this to be done orally, by written notice delivered to them, or by registered post to their usual place of abode in New Zealand.
This means the statutory warning is personal to that person. General signs or house rules may still help with site management, but they are not the same as a personal warning under the Act.
Practical sense check
- Identify the person clearly
- State the place they must leave or stay off
- Record who gave the warning
- Record whether it was oral, delivered in writing, or sent by registered post
- Keep copies of any written notice
Private land rules
The Act has extra rules for private land. A person commits an offence if they trespass on private land and disturb domestic animals by means of a dog, weapon or vehicle, or if they wilfully or recklessly disturb domestic animals on that land.
It is also an offence, without the authority of an occupier or other lawful authority, to lay poison or poisoned bait on private land or to set a trap there.
Gate interference is covered too. The Act makes it an offence in the situations set out in section 8 to open and leave open a shut gate, unfasten and leave unfastened a fastened gate, or shut and leave shut an open gate.
Practical sense check
- Record stock disturbance, including any dog, weapon or vehicle involved
- Record the position of any gate before and after the incident
- Do not place traps or poison on private land without proper authority
- Treat firearm-related incidents as high risk
Asking for identifying details on private land
If a person is found trespassing on private land, the occupier or a constable may require that person to give their name and place of abode. If the person is in possession of a firearm, they may also be required to give the number of their firearms licence.
Failing or refusing to comply, giving a false name or address, or wilfully giving an address that is not precise enough to identify readily can itself be an offence. A constable may caution the person and, if they persist, may arrest them without warrant.
Penalties and weapon-related orders
The Act sets different penalties for different offences. For offences under section 3, section 4 or section 12, the maximum penalty is a fine of up to $1,000 or imprisonment for up to 3 months.
For section 6(a) or section 7 offences, the maximum is a fine of up to $300 or imprisonment for up to 1 month. For section 6(b), the maximum is a fine of up to $500 or imprisonment for up to 1 month. For section 8, the maximum fine is $200. For section 9, the maximum fine is $500.
If a person is convicted and it is proved they were carrying a weapon or had a weapon with them at the time, the court may also make orders affecting firearms licences or permits, or order that the person not carry weapons for up to 2 years. In some section 6 cases involving a weapon, the court may order forfeiture of the weapon to the Crown.
Public bars and starting proceedings
The Act expressly applies in respect of public bars. For hospitality businesses, that means licensed premises are not outside the trespass framework.
Proceedings under the Act may be commenced only by the occupier of the place concerned or a constable. Good records matter if your business may need to rely on the Act later.
Practical sense check
- Keep incident notes
- Keep copies of written warnings
- Keep CCTV references and witness names where available
- Record who the occupier was and who acted under their authority
Practical steps for businesses
Most businesses do not need a complicated trespass system, but they do need a reliable one. The Act works best when your team knows who can issue warnings, what wording to use, and when to involve Police.
Practical sense check
- Nominate who is authorised to give warnings
- Use a simple incident form for oral warnings and refusals to leave
- Use a written stay-off notice for repeat or anticipated trespass
- Keep a register of warnings and dates
- Link trespass procedures with health and safety and emergency response processes
Common questions
Who can give a trespass warning under the Act?
The warning should come from the occupier of the place, or an employee or other person acting under the occupier’s authority. If no one else is the occupier, the owner is treated as the occupier.
Can a business give a warning verbally?
Yes. A warning under section 3 or section 4 can be given orally. It can also be given by written notice delivered to the person or sent by registered post to their usual place of abode in New Zealand.
How long does a stay-off warning last?
If a person is warned to stay off a place under section 4, they commit an offence if they wilfully trespass there within 2 years after the warning, unless a statutory defence applies.
Can a business ask a trespasser for their name and address?
On private land, yes. The occupier or a constable may require a person found trespassing to give their name and place of abode. If the person has a firearm, they may also be required to give their firearms licence number.
Can proceedings under the Act be started by anyone?
No. Proceedings may be commenced only by the occupier of the place concerned or a constable.