Source: New Zealand Government
Legislation which strengthens trespass laws to make them more effective and practical for businesses has passed first reading in Parliament today, Justice Minister Paul Goldsmith says.
“This government is committed to fixing the basics in law and order, and building a future where all New Zealanders can feel safe in their communities. One basic function that needs fixing, is the ability for a business owner to trespass somebody and stop them from returning.
“The Trespass Act is not working effectively in a modern-day urban retail environment. Retailers are rightly very concerned about offenders engaging in criminal behaviour such as theft, and then just returning with impunity to do it all over again.
“These laws have remained virtually unchanged since the 1980s, when its focus was the removal of people from places like farms and private dwellings. They do not work for areas where the public freely enters, such as malls, busy shops, dairies and supermarkets. This legislation changes that.”
The Bill amends the Trespass Act by:
Increasing the maximum trespass period from two years to three years.
Allow businesses, such as franchises, to trespass individuals from multiple locations.
Increase the maximum fine for anyone refusing to leave when asked, or returning when trespassed from $1,000 to $2,000.
Increase the maximum fine for anyone refusing to give their name and address when requested, or giving false information, from $500 to $1,000.
The Bill will also close a loophole where people can avoid being trespassed by threatening the occupier, or simply walking away before they can be informed.
Under the Bill, a person will be ‘deemed’ to know they have been trespassed in retail and hospitality spaces, when the occupier has clear evidence of an attempt being made.
