SERVING TRESPASS NOTICES
WHY YOU NEED A PROFESSIONAL
We have extensive experience serving trespass notices in New Zealand and understand the process
In New Zealand anyone who occupies a property can issue a trespass notice against anyone else who might visit the property without lawful business being there. To issue a trespass notice it is not necessary to own the property; a renter can trespass people from their rented property.
There are two ways to trespass a person... Verbally or in writing...
With a verbal trespass notice you run the risk that the person may deny ever receiving the message. A written trespass notice reinforces the situation for the recipient, they cannot say they did not know of the notice and of the requirement to leave and not return.
Our team has experience in serving trespass notices for companies and individuals.
OUR SERVICE INCLUDES
- Service of the Trespass Notice
- Completion and lodgement of the confirmation at a local Police station.
WHY USE A PROFESSIONAL?
If we are unable to personally serve the recipient (i.e. they are actively avoiding), sometimes there is the option to serve via registered mail.
The Police require you to show who signed for the trespass notice. The challenge is confirming that the person who signed is the intended recipient, and this is not always clear from the signature obtained by NZ Post.
In one instance we posted a trespass notice registered mail. Then the intended recipient called us, and in doing so confirmed receipt. The Police then accepted this as being served.
It doesn't happen very often, but there are the odd instances where a person decides that they do not want to be served. It helps to have a photo of the recipient. Even if they refuse service, as long as we can identify them, we can still serve them by placing the document at their feet and bringing it to their attention.
If they decide to be evasive there are a number of options we may look at, including registered mail. But personal service is the preferred option of the police and is our first consideration.
It’s a criminal offence if a trespasser refuses to leave your property after you warn them to leave or returns after you warn them not to return.
You are required to give reasonable time for the trespasser to leave. If the person remains or is taking unreasonable time to comply, call 111 and ask for Police. Reasonable time in a store is the time for them to turn around and walk back out. If the person comes back after you have given them a trespass notice, they will have committed an offence. You should call 111 and ask for Police.
If the person served with a trespass notice comes back onto your property within the next two years, they would be breaking the law and you can call the Police.
If somebody does trespass on your property you or the police can bring a case against them. If they are convicted, the maximum penalty (depending on the type of trespass) is a fine of $1,000, or 3 months’ imprisonment. These maximum penalties would only ever be imposed in the most serious cases and imprisonment almost never.
lets get started
READY TO GO? Send us...
COMPLETED TRESPASS NOTICE
Make sure it is signed and that you keep a copy for yourself!
ADDRESS FOR SERVICE
And any other contact details that may assist us.
REASON FOR THE NOTICE
The reason needs to be included on the notice we lodge with the Police.
PHOTO OF RESPONDENT
This can be emailed to us.
Notice and instructions, including any other information about the recipient that may assist with service. i.e. phone number, place of work.
We will confirm receipt and dispatch with service agent.
Our experienced team of professionals will serve your documents, and send you a service report.
- Complete the details of Service of Trespass Notice.
- Lodge with the nearest Police Station, time and date are stored in our online software for future reference if required.