New Zealand

Crimes Act 1961

Part 3
Matters of justification or excuse

Defence ofproperty

52 Defence of movable property against trespasser

(1) Every one in peaceable possession of any movable thing, and every one lawfully assisting him, is justified in using reason-able force to resist the taking of the thing by any trespasser or to retake it from any trespasser, if in either case he does not strike or do bodily harm to the trespasser.

(2) [Repealed]


53 Defence of movable property with claim of right

(1) Every one in peaceable possession of any movable thing under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending his possession by the use of reasonable force, even against a person entitled by law to possession, if he does not strike or do bodily harm to the other person.

Keywords

Self-defence - national proceedings



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