Who knows the ins and outs of a trespass notice?

[jaymzw]

Ok, going into as little detail as I can I would like to explain a rather bizzare situation and gain some insite into any recourse that may be possible!

Today someone I know was served with a trespass notice by the mother of their children (but not his wife). He has been living at the residence for approx the last 5years with only minor domestics all caused by her. The only reason he was staying was because the two children were young and needed his care as she was not the best mother and had hit them at times.

Today's incident was completely out of the blue however this lady has been known to fly off the handle from time to time so it isn't completely surprising. It was served by her at his work. It is her property where they live that he has been trespassed from. He owns at least half the furniture in the place however and would like to get it out tomorrow and has permission from the lady to do so. However given she is literally the most conniving lady I have ever met and has shown in the past she can get violent, I would like to clarify a few things;

-does he need to be served with a warning first prior to a full blown notice?
-is anyone allowed to serve a trespass notice?
-does there need to be a reason to serve the notice?
-if invited onto the property does that void the notice?
-does he have the right to take back his possessions himself or must someone (a policeman) be present?

And just some additional information as a side note. Is there any legal grounds to challenge this? Is there any protocol that the person serving the notice needs to follow? Any other information regarding the above and any way this could be made easier or harder just so that we are prepared.

Cheers

[Genie]

Just about any property owner can serve a tresspass notice on anyone they want to....it's their property.

Can he get his stuff .... if she allows him on the property and only then. if he goes there without her permission...she can phone the police and have him arrested. They will have a copy of notice...she has one, he has one and the police hold the third.


Tell him to take a friend when he gets his stuff and sounds like he's well rid and should run like hell and dont' look back

Regarding the children...if he is really concerned he can go and see CYF and let them know of any abuse that may be occuring.


A few years back a guy I knew, total head case on P...told me some wise words - there are three sides to every story - his side, her side and the truth.

Be careful how you tread.

[Mom]

Ok

-does he need to be served with a warning first prior to a full blown notice?
-is anyone allowed to serve a trespass notice?
-does there need to be a reason to serve the notice?
-if invited onto the property does that void the notice?
-does he have the right to take back his possessions himself or must someone (a policeman) be present?

And just some additional information as a side note. Is there any legal grounds to challenge this? Is there any protocol that the person serving the notice needs to follow? Any other information regarding the above and any way this could be made easier or harder just so that we are prepared.

Cheers

No.
Yes.
No.
Yes - get that invite in writting though.
Absolutely he does - take an independant person though.
No.
Yes, identify the person it is served on.

Sounds like there is a lot more to this one than meets the eye to me

[NinjaNanna]

I wouldn't be risking a mood swing and a phone call to the police over furniture if I was your mate.

If I was him I'd ask a friend to go and collect it for me.

I can see it already,

she says, "your not taking that are you?"
he says, "yes I am its mine!"
she says, "no its mine, you're not taking it"
he say, " no its not and I am"
says says, "no you're not, now get out or I'm calling the police."
he says, "you can't call the police I'm just collecting my stuff"


she calls the police, police arrive, your mate's screwed no matter what happens.

It's a volitile situtation which is never going to end well for your mate.

[davebullet]

-does he need to be served with a warning first prior to a full blown notice?

no

-is anyone allowed to serve a trespass notice?

yes

-does there need to be a reason to serve the notice?

no (not from memory - need to check the form)

-if invited onto the property does that void the notice?

yes

-does he have the right to take back his possessions himself or must someone (a policeman) be present?

not sure
And just some additional information as a side note. Is there any legal grounds to challenge this? Is there any protocol that the person serving the notice needs to follow? Any other information regarding the above and any way this could be made easier or harder just so that we are prepared.

Cheers

I don't believe so. You must give a signed copy to the local police too so they have a record. If the person you are serving to refuses to accept all you need to say is "I lay this down at your feet" at the end. If they walk away and it blows away, they have still been served.

Valid for 2 years from memory.

[2wheeldrifter]

I wouldn't be risking a mood swing and a phone call to the police over furniture if I was your mate.

If I was him I'd ask a friend to go and collect it for me.

I can see it already,

she says, "your not taking that are you?"
he says, "yes I am its mine!"
she says, "no its mine, you're not taking it"
he say, " no its not and I am"
says says, "no you're not, now get out or I'm calling the police."
he says, "you can't call the police I'm just collecting my stuff"


she calls the police, police arrive, your mate's screwed no matter what happens.

It's a volitile situtation which is never going to end well for your mate.

True! If he wants his stuff, take a policeman is the only way. full stop. He can go if invited.. but damn risky if she turns nasty and he's got no witness... he's in big poo poo land

Though to serve a notice there has to be grounds of fear/threat/damage etc and not petty little things...

think a standing order can last up to two years???

[jaymzw]

Ok, so it is fairly straight forward then. Don't know if the Police have a copy but I think we will go there tomorrow beforehand. I am going tomorrow to give him a hand so shouldnt be any trouble there.
I am sure there is more to this than meets the eye but no doubt she is the aggressor. Thanks for the info all good stuff

[civil]

ONly an 'Occupier' can issue a trespass notice and there does not have to be any reason or cause.

Before your friend goes onto the property either get something on writing or go down to the cop shop and get the cuntstable to give her a call to confirm that it is OK for him to come around and pick up his stuff.

Otherwise all hell is going to break loss and she is going to freak and call the cops and your friend is going to be the one to try and prove he had the right to be there.

However atleast it is not a protection order and is just a tresspass notice.

[porky]

Pretty much as civil said.

Definition of occupier in relation to any place or land means any person in lawful occupation (possesion) of that place or land............ (sect 2 Trespass Act 1980) If he has lived there 5 years how the fuck has he been served a trespass notice??? ( he was in possesion???)

Check out "Tortious liability of trespass" , 3 main ones

entering without lawfull justification onto land in the possesion of another
Remaining after right of entry has been withdrawn on land in the posssesion of another
placing, with out lawful justification any material or items on land in the possesion of another

hope this may be of help, good luck.

[jack_hamma]

ONly an 'Occupier' can issue a trespass notice and there does not have to be any reason or cause..

Yes you must have just cause to issue, police wont inforce willy nilly trespass orders.

http://www.police.govt.nz/safety/tre...otice-2008.rtf

[Coldrider]

I thought one had to be on someones property without permission, and asked to leave in order to be served a trespass notice.

[FROSTY:Me]

Reading this and one thought springs to mind. Is it actually a trespass notice?
Just wondering if its an actual real deal or something she's drawn up given the description of matters. I thought the real deal had to be served by a Cop or a document server not the actual person wanting it done. --Then thank gosh I know little about this stuff.

[sunhuntin]

I don't believe so. You must give a signed copy to the local police too so they have a record. If the person you are serving to refuses to accept all you need to say is "I lay this down at your feet" at the end. If they walk away and it blows away, they have still been served.

Valid for 2 years from memory.

the bit about the paper isnt true. no need to have a signed copy, though it is good to have.

we did a shoplifters course at work, and a former cop told us all we have to say is "you are tresspassed for 2 years. if you come back within that time, the police will be called" and if they say anything in response, thats their acceptance of it.

we trespassed a kid for shoplifting and havent seen him since, even though he did demand a written copy. we have one waiting for him, but its not filled in as we dont have a name.
he would come in with his mates every single saturday, causing trouble, damage and just being a pain. we used to have to follow him and his mates around to make sure they didnt steal, which is a pain when theres other work to do. the final straw was when he kept heading to the door blatantly holding stock and then turning at the last second. i was watching him while serving and in the end got my manager to get rid of him. we havent seen him or his mates since. he does the same at neighbouring stores as well, though i think most have banned him as well.

edit: just had a thought that it might differ between businesses and homes.

[Genie]

Reading this and one thought springs to mind. Is it actually a trespass notice?
Just wondering if its an actual real deal or something she's drawn up given the description of matters. I thought the real deal had to be served by a Cop or a document server not the actual person wanting it done. --Then thank gosh I know little about this stuff.

Sadly .... I do know about this. In my instance I went to my local police station, explained the situation, they gave me the forms, I filled them out, had a witness sign them (3) and the witness was with me when I simply gave my ex his copy. I then gave one to the local police station and have the last one here. He didn't quite understand what it meant so i advised him to speak to the police....no problems.