When a welcome runs out
HOW DO you pull the welcome mat out from under the feet of someone you don’t want on your property? You might want someone to leave your home for a number of reasons, from being disorderly to simply having no right to be there.
Issuing a trespass notice is one option. A trespass notice doesn’t have to be in writing to be legally valid.
But if you issue one verbally, it’s a good idea to record the date and time of the notice, the reason for serving it, and the name or description of the person being asked to leave.
The advantage of issuing a written trespass notice is it will leave the person being served in no doubt that their presence isn’t wanted.
They cannot say they did not know of the notice and the requirement to leave and not return.
But if you do it in writing, you’ll need three copies of the same trespass notice: one for the person being served, one for yourself and one to give the nearest police station for entering into the police records database.
A trespass notice form can be downloaded from https://www.police.govt.nz/sites/default/ files/publications/trespass-notice-form.pdf.
To serve the notice, fill it out and hand to the person.
If they refuse to accept it and it drops on the ground, it is still considered served.
Keep that copy and note down the person refused to accept the notice.
Once served, a trespasser must be given reasonable time to leave.
If the person stays or takes an unreasonable time to comply, call 111 and ask for police.
Also call the police if someone comes back after you have given them a trespass notice, as they will have committed an offence.