SERVING TRESPASS NOTICES

TRESPASS

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.
Serving Trespass Notices NZ

WHY USE A PROFESSIONAL?

WE KNOW POLICE REQUIREMENTS

Our professional team understands requirements to ensure the trespass notice is served and lodged correctly.

AVOID AWKWARD SITUATIONS

By using an independent party to serve your notice you can avoid what could potentially be an emotional and uncomfortable situation.

IMPARTIAL TO THE PROCEEDINGS

Often a person prefers being served by an unbiased, third party, and this can reduce animosity.

THERE ARE TWO WAYS TO DELIVER A TRESPASS NOTICE

Verbal trespass notice

If you deliver a trespass notice verbally it may also be a good idea, where possible, to take a picture of the person you have verbally trespassed and record on that picture the time, date, and name of the person issuing the notice. If the trespassed person breaches the notice, this photo can be used as evidence.

If you are unable to take a picture, then note down the service details. It is a good idea to follow up with a written notice or at least record the details in writing, as this becomes evidence if required.

You do not have to provide a reason to the person you are trespassing as to why you want them to leave. If they become unco-operative, call 111 and ask for Police assistance.

The challenge with a verbal trespass notice is that the person being trespassed could deny receipt. It is their word against yours.

Written trespass notice

Serving a written trespass notice ensures that the person being trespassed cannot deny they received the notice. This makes the job of the Police easier if they are ever called upon.

If you undertake a written notice, complete three copies of the Trespass Notice:

  • One copy to the person you are serving the trespass notice on
  • One copy for you to keep
  • One copy to provide to the nearest Police station or attending police officer, for entering into the Police records database.

To serve a notice you simply hand it to the person. If they refuse to accept it and drop it on the floor, it is still considered served. Keep that copy and note down that the person refused to accept the notice.

Trespass Notices

CAN I SERVE MY TRESPASS NOTICE BY REGISTERED MAIL?

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.

NEED MORE INFORMATION?

You can view the Trespass Notice Act 1980 here. Or you can visit the New Zealand Police website.

WHAT HAPPENS IF THE RECIPIENT REFUSES SERVICE?

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.

WHAT HAPPENS AFTER YOU SERVE THE TRESPASS NOTICE?

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.

  • Send

    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.

  • Serve

    Our experienced team of professionals will serve your documents, and send you a service report.

  • after service

    We will 

    • 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.
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A Shinkarenko

Barrister

"I thought I would send you a quick follow up to thank you for an excellent service! I will most definitely use your services again in the future. I have received a prompt notification once the service was completed and everything appears to be in order."

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Carolyn

Auckland Furniture Store

"Thank you for your help. You guys were wonderful." 

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S Hiku

Legal Executive

"We have used Docuserve as our process servers for many years and have always found their service to be very professional and efficient.  We are provided regular updates as to how service is proceeding and once it has been completed.  Karl and Kathryn are a great team to deal with."

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M Allan

Barrister

"Thanks for providing such great service Kathryn, I’ll definitely be instructing you in the future."

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L Gallagher 

Private Service, Dissolution of Marriage

"Wow can’t believe how easy and quick this was. Thank you so much Kathryn for all of your help and insanely efficient service we truly appreciate how easy and friendly you were to deal with."

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A Sirimanne

Senior Associate, Solicitor

"Many thanks for being so accommodating with the quick turnaround."

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B Kaino

Private Service, Dissolution of Marriage

"Thank you Docuserve. Appreciate all your help and the great service."

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L Ponniah

Solicitor

"I must say that it was a pleasure dealing with Karl. He was easy to communicate with, he understood and executed the instructions and achieved the desired outcome. Please pass on my compliments."

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M Facoory

Private Service, Dissolution of Marriage

"Hi Docuserve. Thank you very much for your services! I look forward to using your services again."

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P Cobcroft

Barrister

"Thank you for your efficient and professional service!"

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J Delaney

Barrister

"That was a wonderful service, thank you Kathryn."

 

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E Barley

Solicitor

"Thanks for the great service. Many thanks to you and your team, and to Karl for being my legs yesterday afternoon."

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