How to serve a Trespass Notice on someone
The occupier of a property can use the Trespass Notice template form [in generic word processor format - other formats listed below] to serve a "Trespass Notice" (or "Trespass Order") on someone. Print two copies - one to serve on them, and the other to keep, with details about how you served the Trespass Notice on them.
"Occupier", means any person in lawful occupation of that place or land; and includes any employee or other person acting under the authority of any person in lawful occupation of that place or land.
The completed Trespass Notice can be served by the occupier or an agent of the occupier with the occupier's authority.
Section 5 of the Trespass Act 1980 says that Trespass Notices "shall be given to the individual concerned either orally, or by notice in writing delivered to [the individual concerned] or sent to [the individual concerned] by post in a registered letter at [that person's] usual place of abode in New Zealand."
It is recommended that the Trespass Notice be served personally on the individual concerned rather than by registered post. This should minimise later disputes over whether the person was aware of the notice.
Rule 219 of the District Courts Rules 1992 provides some guidance on what personal serving involves. It says personally serving a Trespass Notice may be effected "by leaving the document with the person to be served, or, if that person does not accept it, by putting it down in that person's presence and bringing it to that person's attention."
A professional "document server" or "process server" can serve a Trespass Notice on your behalf, for a small fee. Local document servers/process servers are listed in the Yellow Pages under Document Services or Private Investigators.
The full text of the Trespass Act 1980 can be viewed on-line at www.legislation.govt.nz under "Statutes".
Other formats
Download the Trespass Notice template/form in other formats:
