Home > Advice & Services > Personal & community safety > How to give someone a trespass notice

How to give someone a trespass notice

You can give someone a written or verbal trespass notice if you want them to leave a property or premises that you own or legally occupy (for example, rent or lease). If you give someone a trespass notice, it’s important to let Police know.

If something is happening now or there is a threat to life or property call 111.

There are several reasons you might want someone to leave your home or workplace. They may be committing an offence on your property or premises (for example, shoplifting), being disorderly or have no right to be there.

Written trespass

To serve a written trespass:

  1. Get a copy of the trespass notice template, either by:
  2. Fill out and sign the notice. You need 3 copies in total – one for:
    • yourself (if you photocopied the form, keep the original)
    • the person you are serving the trespass notice on
    • Police (you can also send us a scan).
  3. Serve the notice in one of these ways:
    • hand it to the person – it is still considered served if they drop it on the ground
    • drop it at their feet if they refuse to accept it
    • hire a document service company to deliver it
    • ask someone else to serve it on your behalf, for example, a friend (it’s a good idea to give them permission to do so in writing)
    • courier it by registered mail to the person’s home address using a tracking number (make sure you keep the receipt).
  4. If you serve the notice to the person and they drop it or refuse to accept it, keep that copy and write on it what happened.

There is no legal requirement to give a trespass notice in writing. However, if you give a written trespass notice to someone in person then they know:

  • about the notice
  • that they must leave and not return.

If you are trespassing more than person, and/or for more than one property/premises, you need one trespass notice per person, per property/premises.

Verbal trespass

To deliver a trespass notice verbally, tell the person in clear terms they must leave the property and not return.

If you deliver a trespass notice verbally, you should write down:
  • the date and time you verbally gave the trespass notice to someone
  • why you are verbally giving a trespass notice to that person
  • the name or description of that person.

How to let Police know about a trespass notice

It’s easy to tell us you have given someone a trespass notice:

If you gave someone a written trespass notice, make sure you give us a signed copy, along with any other supporting photos or documents.

 

If the trespasser takes too long to leave or comes back

You must give the trespasser a reasonable amount of time to leave. If the person stays or takes an unreasonable time to leave, call 111 and ask for Police.

The trespasser must not return to your property/premises for two years. If they do come back they will have committed an offence. Call 111 and ask for Police.
 

If the trespasser is invited back to your property or premises

If you, or someone who lives at your property or works on your premises, invites the trespassed person back to that location, then:

  • they are allowed to enter into or onto the property/premises
  • they will not be trespassing
  • the invitation to return means the original trespass notice is invalid (void).

If you want to trespass the person again, you need to serve them a new trespass notice either in writing or verbally.

Someone who does not live at your property or work on your premises cannot invite the trespassed person back to that location.
 

More information

You can read the Trespass Act 1980 on the Legislation New Zealand website.

Trespass Act 1980 – Legislation New Zealand

For more information about your rights as a landlord or tenant, contact Tenancy Services on 0800 836 262 (0800 TENANCY) or visit the website

Renting and you – Tenancy Services (PDF 2.8MB)