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advise regarding tresspass notice

#Post
1

this morning our neighbours father =who does not own the house his son does, turn=s up and starts to remove our fence which*is inside the boundary/
we= =told him poliely he could not do that, he replied his son had given consent, his son was not there, but it is our fence,he yelled =and carried on
he can do what he wants,an=d what are we going to do while shoving a cell
phone in= myhusbands face an recording my husband was polite a=nd walked away as did he, 10 mins later he starts again,I called the police who arrived quickly and caught him doing it =he was a very angry man waving the crow bar he *even said he was going to charge us the removal cost
for our own 6 months old fence, managed to have him stop after removing half, the police tresspassed him and the family that live there, should they
send us a copy of the order, they never gave us one when they were here

catbrat - 2021-04-18 16:52:00
2

The police don't themselves issue trespass notices, but if you had told him to leave, then you have verbally served a trespass notice and the police have enforced it (or so it seems to me).

sparkychap - 2021-04-18 17:00:00
3

They probably should have given you a copy. Give them a call on the regular number during normal working hours and if anything flares up call the police and don’t go near the nutty neighbour.

How awful for you and your family ????

lovelurking - 2021-04-18 17:02:00
4

#2 is correct. You don'tont actually have to 'Serve' a peice of paper.
If the Police have been there when they were told, or told them themselves, then that's enough for them. They will take action on it if they are called out again.

The ' paperwork' is a formality. Its something that could be done so theres no actual contact between the server & the recipient. It doesn't actually have to be done, just telling them is enough. But if they are stupid about it, Laywer served paperwork, or verbal by the Police, is enough in Court.

I got ' served' once ( or a few times, lol ) and all they did was give me the peice of paper... Not filled out. I thought that was funny, since i knew that the verbal is enough in effect.

I wish i knew all this years ago, i thought, along with a lot of other people, that you had to go to the Police, get a notice written up after giving reasons etc, & they had to hand deliver it all formal like.
Nah, all you have yo do is say " Get the f### off my property" & they have to leave " in a timely manner".
Insert the word(s) "Tresspass noticed ( for two years )" & its for 2 years ( "yeah yeah" )
At the same time, it fails if they get invited back onto the property within that two years, but they must be invited, uninvited tresspass is still tresspassing.

Edited by marte at 4:29 am, Mon 19 Apr

marte - 2021-04-19 04:27:00
5

https://www.police.govt.nz/advice-services/personal-and-comm
unity-safety/trespass-notices

Law
https://www.legislation.govt.nz/act/public/1980/0065/latest/
DLM36927.html

Edited by marte at 4:32 am, Mon 19 Apr

marte - 2021-04-19 04:29:00
6

Take photos. Fencing notice to the owner to reinstate at their cost.

artemis - 2021-04-19 08:05:00
7

Police do issue trespass notices, (paper) on behalf of the complainant, without paper the police have no record to attend.

gabbysnana - 2021-04-19 08:19:00
8
lovelurking wrote:

They probably should have given you a copy. Give them a call on the regular number during normal working hours and if anything flares up call the police and don’t go near the nutty neighbour.

How awful for you and your family ????

you don't need a copy. If you ring your name and the aggressors pops up in the system with the trespass details against it.

gabbysnana - 2021-04-19 08:21:00
9
artemis wrote:

Take photos. Fencing notice to the owner to reinstate at their cost.

bring a charge of wilful damage.

gabbysnana - 2021-04-19 08:22:00
10
gabbysnana wrote:

bring a charge of wilful damage.

O/P wants the fence reinstated? Don't worry about good relations with the neighbour as that ship has sailed, foundered and sunk.

amasser - 2021-04-19 10:16:00
11
marte wrote:

https://www.police.govt.nz/advice-services/pers
onal-and-community-safety/trespass-notices

In which the Police say:
"If you deliver a trespass notice verbally, it is advisable to record the date and time along with the reason for giving a trespass notice to that person. Also record the name or description of the person asked to leave."

And the note taking is very important, contemporaneous notes will always hold sway in any "he said/she said" type dispute. That's why the cop's have their little note books always with them, it also allows them to reference them in Court.

wembley1 - 2021-04-19 12:12:00
12
amasser wrote:

O/P wants the fence reinstated? Don't worry about good relations with the neighbour as that ship has sailed, foundered and sunk.

how else do you think you will get a reparation order?

gabbysnana - 2021-04-19 12:42:00
13
gabbysnana wrote:

Police do issue trespass notices, (paper) on behalf of the complainant, without paper the police have no record to attend.

And lodge it with your local Police Station ensuring you have a receipt of it being lodged.

keys - 2021-04-19 18:29:00
14

Wilful damage?

sweetgurl108 - 2021-04-19 21:45:00
15
sparkychap wrote:

The police don't themselves issue trespass notices, but if you had told him to leave, then you have verbally served a trespass notice and the police have enforced it (or so it seems to me).

They will in the right circumstances, as well as Police Safety Orders which means they can make someone stay away from a property for up to 5 days.
Usually family violence.

Edited by mrcat1 at 12:36 am, Tue 20 Apr

mrcat1 - 2021-04-20 00:31:00
16

Do trespass notices ever expire?
(Sure, I could google it, but why do that when I can ask here ;) )

luteba - 2021-04-20 15:22:00
17

This message was deleted.

andrew697 - 2021-04-20 18:03:00
18
luteba wrote:

Do trespass notices ever expire?
(Sure, I could google it, but why do that when I can ask here ;) )

Yep 24 months, unless the trespasser goes onto the named property in which case the 24 months starts ticking again from 1. I've had a few slow learners at work who spent a few years on the trespass list.

hers.nz - 2021-04-21 22:58:00
19

You can find copies of trespass notice online. Download and fill out, deliver.

arielbooks - 2021-04-22 07:12:00
20

just an update I have contacted the local officer, who confirmed =the order has been served.
this morning I had an invoice from the neighbours party for half his labour costs, considering it was a sunday and not the =type of work his company does =I put across the envelop return to sender
what an absoulte joker

catbrat - 2021-04-22 14:51:00
21
catbrat wrote:

just an update I have contacted the local officer, who confirmed =the order has been served.
this morning I had an invoice from the neighbours party for half his labour costs, considering it was a sunday and not the =type of work his company does =I put across the envelop return to sender
what an absoulte joker

Keep everything in case you go to Dispute Tribunal

boots496 - 2021-04-26 11:16:00
22

make sure you notate dates and times along with notes, of what actually occured, all good evidence for the future.

ceolmhor-nz - 2021-04-27 15:55:00
23

any update?

trudyg1 - 2021-05-02 10:40:00
24

yes we have an update, the same thing has happened yseterday but the 4owners father this time started taking down the boundary fence on the other
side, the neighbours that side politely asked what he was doing same result
they ended calling the police too
sadly some people never learn that just because you have money and influence =you are entitle to do what you want

catbrat - 2021-05-09 09:41:00
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