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Trespass Act 1980 and Trespass Notices

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This site gives you all you need to know about Trespass Notices.

 

We give you the necessary documents which you can download and fill in with your own details.  

 

We also give you direct access to the Trespass Act 1980.

 

 

If you do not want any person to set foot on your property then you are able to serve a Trespass Act Notice on that person. 

 

That Notice can be made orally or in writing

 

You can do it orally in an emergency situation by ringing the Police and then saying in a firm and loud voice

 

"I am the lawful occupier of this property and I am warning you to stay off the property under the Trespass Act 1980"    

 

The difficulty with warning a person off the property orally is that you might ultimately not be able to prove the oral warning in a Court of Law. 

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Feedback/Reviews/Blogs
"Just what I wanted. I wandered around and around my search engines and could not get a document to download. Netlaw provided it! Sara. Hamilton. June 2007"
"Excellent. I found it easy too. I also looked at the Harrassment topic. It was very easy to understand. A local cop served the Trespass notice for me. He said they don't do it all the time but in my circumstances (urgency) the police were prepared to help. But your topic allowed me to do my own Notice and I really felt better for sticking up for myself. Donna - North Shore June 2007"
"Helpful for me. Thanks - Lee - Harwood"
"Helpful and straightforward. I like you Trespass Notice and easy tips for service etc. Hone. Auckland"
Feedback/Blogs/Reviews from related topic: Affidavits
"A helpful site. Explained well. Marty - Timaru - January 2007"
Feedback/Blogs/Reviews from related topic: Affidavits
"Interesting, but also see the very helpful Harrassment Act topic which is a beaut! I am curently going to use the Bond thing against my neighbours who are deliberately throwing rocks over on to our lawn. Dick - Hamilton - April 2007."
"Complicated but it fits in with the Harrassment Act and trespass Notices and I see you have both topics.
Leigh - Kati Kati "

"How frequently are these used? My neighbours throw abuse across the fence every single day. They also throw little pieces of rubbish on to my back lawn. I can put up with so much but every day?? KL - Manurewa

Netlaw replies - Not very often. the Judges don't like them and prefer the Police to handle neighbour disputes. But there are times when they should be granted."

Feedback/Blogs/Reviews from related topic: Affidavits
"Thank you. It was not as easy as I thought because they wanted so many identifying details but your whole Netlaw site helped me. Barbara H - Oamaru - March 2007"
Feedback/Blogs/Reviews from related topic: Affidavits
"Well set out and helpful. I now know just how far you can, and cannot go. I was amazed that you cannot "strike" someone if you are only defending yourself as opposed to your property. Good stuff Netlaw! James W. Auckland May 2006"
"Yes . . . interesting. Trev, Bay of Plenty. April 2006"
Feedback/Blogs/Reviews from related topic: Affidavits
"I did my own documents and got before a Judge and got my own order for protection. I reckon I did it faster then my lawyer last time I need such an order two years ago.
Thank you . . . . Sandie (not my real name)"

Feedback/Blogs/Reviews from related topic: Affidavits
"A one stop shop for flatting problems. Thanks Jenna. Blenheim"
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"The best topic I have seen so far. Everything I needed. My lawyer said I needed to pay in $2000 to get the thing started. I did it myself. It took some effort but I got there. He did not defend it and now, thanks to Netlaw and the Court staff, I have my Order from the Court in my hand. Money well spent (Identity withheld) Auckland - June 2007"
"Excellent documents and access to the precise law.The Court staff were helpful. Gayle. Coromandel."
"Really useful. One letter (and some draft documents) from me did the trick. I did not need to go near a lawyer. The "other" person was my partner's "ex" and she followed me to work almost every day threatening me but not in a criminal way The Police said she had not committed a crime. My letter worked. She has not done it since but my response looked really professional. Thanks - Barbara - Tauranga "
Feedback/Blogs/Reviews from related topic: Affidavits
"Bastard Noise control officers! What can you do? I don't mind really noisy things being stopped but the officers don't seem to realise who is a genuine complainant and who is just a difficult neighbour.

Steve H. Auckland"

"Would you have any information or help on neighbour with a noisy car REVERSE parking his car with difficulty causing noise disturbance at night, Also may visitors of his boarders come up and down and the driveway at night causing a lot of car noise. Jon

Netlaw replies: A really difficult problem.

Traffic enforcement through the police will not get involved unless the noisy vehicle is being operated on a public road and, even then, prosecutions for a noisy vehicle usually relate to a specific matter such as a car with no exhaust.

Noise control officers with your local Council will find it very difficult to take steps because their powers do not involve prosecutions and punishments but rather involve steps to control noise at any one particular time.

Technically, you can bring a civil action in what is known as the tort of nuisance, but this is time-consuming and fairly costly and usually used only an industrial situations or in urban areas where a neighbour is running a workshop with electric machinery all hours of the night.

You are therefore left, in practical terms, only with approaching the neighbour, perhaps with the assistance of a third person mediator, to try and resolve the matter.

There are no cheap, quick and easy legal remedies apart from the matters referred to above.

Hope this short overview helps.


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