You might want someone to leave your home or place of work for a number of reasons. They may be committing offences on your property, such as shoplifting, being disorderly or simply have no right to be there.
There is no legal requirement to give a trespass notice in writing. However, a written document reinforces the situation for the person given the trespass notice; they cannot say they did not know of the notice and requirement to leave and not return.
If you deliver a trespass notice verbally, it is advisable to record the date and time along with the reason for giving a trespass notice to that person. Also record the name or description of the person asked to leave.
If you undertake a written trespass, complete three copies of the Trespass Notice:
- one copy to the person you are serving the trespass notice on
- one copy for you to keep
- one copy to give to the nearest police station or attending police officer, for entering into the Police records database
To serve a notice you simply hand it to the person. If they refuse to accept it and it drops on the ground, it is still considered served. Keep that copy and note down that the person refused to accept the notice.
You are required to give a reasonable time for the trespasser to leave. If the person stays or takes an unreasonable time to comply, call 111 and ask for Police.
If someone comes back after you have given them a trespass notice they will have committed an offence. Call 111 and ask for Police.
Use this trespass notice form [PDF, 455KB].
Visit the Legislation New Zealand website to read the Trespass Act 1980.