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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23058
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I recently have been given a trespass notice on a forestry

Customer Question

Hi my name is***** recently have been given a trespass notice for driving on a forestry road in Kawerau without a permit I am a first time offender and have never driven on the road before I wasn't a danger to myself or anyone else I feel the ban from all the forests associtated with their name is ***** ***** the offence. I wrote a letter of explantion to the Security company but they haven't bothered to reply and I Im very bothered by it. Is it worth persuing this matter or do have to just suck it up and learn from it. I Iook forward to your reply. Regards ***** *****
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

I actually doubt whether this notice is enforceable. The Trespass Act says that a notice can be given by an "occupier, in relation to any place or land, means any person in lawful occupation of that place or land; and includes any employee or other person acting under the authority of any person in lawful occupation of that place or land" So a wide readhing notice refrring to all the land is unlikely to beenforceable by a security company, who just have a contract to patrol the roads for people. It would almost certainly be too far reaching as well. The security company would need to make a police complaint to enforce this, but generally the police are reluctant to get involved in matters like this, unless you were a seial trespasser. I dont think you should ignore this, and go back on the road, without a permit, but it doesnt give you any official record, and is probably a standard procedure to encourage getting permits, rather than to involve the police.