COA Trespass Act and Removal of Persons 2

Question 1

A security officer working as an agent of a property occupier issues a trespass warning. For this to be lawful, the officer must:

Accepted Answer

Have been granted authority by the occupier to act on their behalf

Answer

A security officer can issue a trespass warning only if the occupier has authorised them to act as their agent; without this authority the warning has no legal basis.

Question 2

A person is trespassed from a specific supermarket branch. Three weeks later they enter a different branch of the same chain. Are they trespassed from the second branch?

Accepted Answer

No, because a trespass warning typically applies only to the specific premises stated

Answer

A trespass warning under the Trespass Act 1980 applies to the specific premises identified in the warning; it does not automatically extend to other locations of the same business.

Question 3

What does the Trespass Act 1980 say about a security officer's power to use physical force to remove a trespasser?

Accepted Answer

The Act does not itself grant force powers; additional legal justification is required

Answer

The Trespass Act 1980 deals with warnings and the offence of trespass but does not itself grant security officers power to use force; force authority comes from other sources such as common law or the occupier's direction.

Question 4

A trespass warning was issued to an individual 18 months ago. They have just returned to the premises. Is the warning still in effect?

Accepted Answer

Yes, the warning is still valid as it has not yet reached 2 years

Answer

Because trespass warnings remain valid for 2 years, an 18-month-old warning is still fully in force and the person can be dealt with as a trespasser.

Question 5

A trespassed individual refuses to leave the property after being asked to do so. The most legally appropriate action for a security officer is to:

Accepted Answer

Call the police and request their attendance to enforce the warning

Answer

The police have the statutory power to arrest and remove a person who breaches a trespass warning; security officers should call police rather than attempt forcible removal.

NZ Security Licence Practice Test

NZ Security Licence Practice Test

COA Trespass Act and Removal of Persons 2