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10 Cards in this Set
- Front
- Back
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What is Section 3 of the Trespass Act 1980? |
Trespass after warning to leave Every person commits an offense against this Act who trespasses on any place and, after being warned to leave that place by an occupier of that place, neglects or refuses to do so. |
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What is Section 4 of the Trespass Act 1980? |
Trespass after warning to stay off Where any person is trespassing or has trespassed on any place, an occupier of that place may, at the time of the trespass or within a reasonable time thereafter, warn him to stay off that place. |
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What is Section 5 of the Trespass Act 1980? |
Delivery of warnings A warning under section 3 or section 4 shall be given to the individual person concerned either orally, or by notice in writing delivered to him or sent to him by post in a registered letter at his usual place of abode in New Zealand. |
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What is Section 9 of the Trespass Act 1980? |
Obligation to give name and other particulars (1) An occupier of any private land upon which any person is found trespassing, or any constable, may require that person to— (a) give particulars of his name and place of abode; and (b) give the number of his firearms license under the Arms Act 1983 if he is in possession of a firearm. (2) If any such person fails or refuses to comply with a requirement made under subsection (1), any constable may caution him and, if he persists in his failure or refusal, may arrest him without warrant. |
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What is Section 125 of the Search and Surveillance Act 2012? |
People being searched must be treated with: - Dignity - Privacy - Respect - Sensitivity |
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What is Section 169 of the Search and Surveillance Act 2012? |
Reporting the use of search powers When using a warrantless power of entry search or surveillance, you must report this by completing an online notification form asap. Exceptions: Sections 85, 88 and 11(Consent Search) |
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Trespass Act 1980: What is the procedure for dealing with a trespass offence against Section 3 of the Trespass Act 1980? |
• Obtain full particulars of complaint and ensure the victim isan occupier. • Ascertain all facts of the complaint. • Ensure the offender is a trespasser. If trespass has been committed you have three optionsdepending on the circumstances of the case: • arrest for offence under Section 3 If the person decides to leave peacefully: • record full particulars • if occupier so requests, warn trespasser to stay off, andinform them that they commit an offence if they returnwithin two years. If a person continues to refuse to leave: • confirm warning by having occupier ask trespasser to leavein your presence; if continued refusal to leave • ask victim in presence of trespasser, "Do you wish me toact on your behalf?" • if victim consents, warn trespasser to leave • give them reasonable time to leave • if they still refuse to leave, you can arrest the person. |
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Trespass Act 1980: What are the possible defenses against Section 3 and 4 of the Trespass Act 1980? |
Section 3 -Their own protection -The protection of somebody else -An emergency involving theirproperty or the property of someother person. Section 4 - The above and the Lawful Occupier that trespassed them has left the property. |
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Trespass Act 1980: Define ’Lawful Occupier’ |
‘Lawful Occupier’ means any person in lawful occupation of that place orland and includes any employee or other person acting under the authority ofany person in lawful occupation of that place or land. |
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Trespass Act 1980: Can you trespass someone in a movie Theatre? |
YES. Once admission is paid, they have agreed to the terms and conditions of the admission that assume they will behave in a manner that doesn't disturb anyone else. The member of the audience mustnot: • create a disturbance within the meaning of section 37 of the SummaryOffences Act 1981(disturbing meetings) • behave in a disorderly manner under section 4(1)(a) of the SummaryOffences Act 1981. If they are asked to leave and do not comply, they can be trespassed. |
