Trespass Notices in New Zealand: What a Warning Means and How Long It Lasts

Under the Trespass Act 1980, a lawful occupier of a place can warn a person to leave, or not to come onto, that place. This warning is what most people mean by a trespass notice, and going back after a valid warning is itself an offence.

This is general information about New Zealand law, not legal advice. For your own situation, consult a lawyer or your local Community Law centre.

What a trespass notice is

The Trespass Act 1980 lets a lawful occupier of a place, meaning the owner, tenant, or anyone with the occupier's authority such as staff or security, warn a person about being on that land or in those premises. "Occupier" covers private homes and land as well as businesses and public bodies that control access to a place, such as shopping centres, schools, and council facilities.

Warning to leave vs. a warning to stay off (the trespass notice)

There are two related situations under the Act. An occupier can warn someone who is already on the property to leave, giving them a reasonable opportunity to go. Separately, an occupier can warn a person not to come onto a place at all, either because that person has already trespassed once, or because the occupier reasonably believes they are about to. This second kind of warning, telling someone to stay away from a place altogether, is what is usually meant by a "trespass notice."

A warning can be given orally, on the spot, or in writing. There is no requirement under the Act that it be in writing, but a written trespass notice, or writing down the date, time, and words used in an oral warning, gives the occupier something to rely on if the person returns and is charged.

How long a trespass warning lasts

A warning not to come onto a place generally lasts for up to 2 years from the date it was given. Returning to that place at any point during that 2-year period, without the occupier's permission, is an offence, regardless of why the person went back.

What makes a warning valid

For a trespass warning to hold up, it generally needs to:

• Be given by someone who is actually the lawful occupier of the place, or acting with that occupier's authority.
• Identify the specific place the person is being warned off.
• Actually be communicated to the person being warned, whether verbally or in writing.

A warning that targets the wrong person, is given by someone with no real authority over the place, or is so broad that it is not tied to a specific location and specific grounds, is more likely to be found invalid if it is challenged. Public bodies and businesses open to the public also need to exercise this power reasonably, rather than as a blanket, unexplained ban.

Returning after a warning

Entering or remaining on a place after being validly warned off is an offence under the Trespass Act 1980. The Act sets penalties for this offence, including a fine and the possibility of a short term of imprisonment for a serious or repeated breach. VERIFY: the exact current fine and maximum imprisonment figures could not be independently confirmed against the Act's text this session, since legislation.govt.nz blocks automated fetches; confirm the precise figures directly on legislation.govt.nz or with police.govt.nz before relying on a specific dollar amount.

Being warned off is separate from being arrested. Police can arrest a person found on a property after a valid warning, and can also assist an occupier by warning a person to leave or stay away on the occupier's behalf, though police do not routinely issue trespass notices as a general service for property owners.

Challenging or disputing a trespass warning

If you believe a warning was not properly given, was given by someone without authority over the place, or was based on mistaken identity, you can raise that as a defence if you are later charged with trespass. Trespass warnings from private occupiers over private property are largely a matter of the occupier's discretion. Warnings affecting access to genuinely public places can attract additional scrutiny, since they can affect rights such as freedom of movement and peaceful assembly, and may be open to wider legal challenge in more serious or contested cases.

Related New Zealand everyday law topics

Carrying a weapon while dealing with a trespass or neighbour dispute can raise a separate set of legal issues. See our guide to knife laws in New Zealand. For other everyday legal topics, see the New Zealand everyday law section.

Frequently Asked Questions

What is the difference between a warning to leave and a trespass notice?

A warning to leave tells someone already on a property to go, giving them a reasonable chance to do so. A trespass notice, more precisely a warning to stay off, tells a person not to come onto a place at all for a period of time. Returning after this second type of warning is the offence most people mean by trespassing.

Does a trespass notice have to be in writing?

No. Under the Trespass Act 1980, a warning can be given orally or in writing. A written notice, or a written record of an oral warning, is easier to prove later if the person returns and is charged.

How long does a trespass notice last in New Zealand?

A warning not to come onto a place generally lasts for up to 2 years from when it was given. Returning during that period, without the occupier's permission, is an offence.

What happens if I go back after being trespassed?

Returning to a place after a valid warning not to come onto it is a criminal offence under the Trespass Act 1980, which can lead to a fine and, in more serious cases, a short term of imprisonment. Police can also arrest a person found on the property after a valid warning.

Can I challenge a trespass notice?

Yes, in some circumstances. If a warning was not properly given, came from someone without authority over the place, or was based on mistaken identity, that can be raised as a defence if you are charged with trespass. Warnings affecting genuinely public places can also attract more scrutiny than warnings on private property.

Who can trespass someone from a place like a mall or park?

The lawful occupier of the place, such as the owner, tenant, or a business or council with control over the site, or someone acting with that occupier's authority, such as security staff. Even on land open to the public, the power has to be used reasonably rather than as an unexplained blanket ban.