Keeping yourself safe: Your rights

• Date: 14 April 2021
• Published date: 14 April 2021

What can I do if someone comes on to my property and I want them to leave and not return?

Provided you are the lawful occupier of the property (owner, tenant, shop manager, etc) you can simply ask them to leave. A verbal request is sufficient, but do keep a careful record of the name, description, date, time, and reason. If necessary, enforce this by serving them with a written Trespass Notice. You can find details about this on our website https://www.cab.org.nz/article/KB00001367. You will need three copies — one for you, one for the trespasser and one to be lodged at the police station. The trespass notice can be hand delivered to the person you want to trespass by and mailed or delivered to their address. If a verbal or written trespassing order is ignored, you can call the police. A trespass notice remains in place for two years.

I’m feeling harassed or tormented by a person

A restraining order requires a person who’s been harassing you to stay away, or to cease whatever they’ve been doing, that caused you concern. This means a person who has a restraining order against them can’t loiter around your house, call or text you, follow you, or any of the other acts specified in the order. If the harassment includes publishing offensive material online, they must take reasonable steps to remove that offensive material. You apply to the district court for the restraining order forms and a court hearing is involved.

Although you can handle the process yourself, obtaining some legal help is recommended. Once the court issues the restraining order, and it is served on the offending person/s, if they breach the order, you can call the police and they should make an arrest.

What if the person physically threatening me is a family member, partner or ex-partner, carer or flatmate?

If you have serious concerns about you, or your children being physically threatened or attacked, often by a person whom you are, or were, in relationship with, you can apply to the Family Court for a protection order against that person. Once issued by the court, the protection order will...