Trespass and your business

Use this to remove a person from a premises and ban them for up to 7 days.

When it can be given

Any time a person is on your property.

You don't need a reason to give a direction, but it can't be for discriminatory reasons. For example, because of a person or group's race, sex or age.

How it's given

You can give a direction verbally or in writing.

You don't need to get a person’s name, address or date of birth for the direction to take effect. However, these details would be helpful for your written record or incident log.

Verbal direction

Make sure you:

• give clear instructions
• record it.

Give clear instructions

State all of the following:

• you are an occupier or are authorised by the occupier of a place
• you are directed to stay off, or if on the place, to leave the place immediately and banned from entering
• a ban period applies
  • if you don't state a ban period, the person is banned for 72 hours and
• the place that the ban period applies to.

You should also state that entering the place during the ban period is a criminal offence.

Record it

Keep a written record - for example, an incident log.

This should include:

• that a direction to leave was given
• the date and time
• the place or location
• the person who gave the notice
  • if an employee or other authorised person, that they are authorised by the occupier
• if the notice was verbal or in writing, or both
• if known, the name and address of the banned person
• if a period of time was specified, the length of the ban (up to 7 days)
• what information was given to, or stated to, the banned person.

The written record may be needed for evidence if a person breaches the direction to leave.

Written direction

You can give a written direction to leave.

A written direction should include the same information given in a verbal direction to leave.

It is easier to prove that the direction was given to the person and details of the ban if you record a written notice.

Use this for a person who is trespassing or has trespassed on your property. It bans them for up to 12 months.

When it can be given

When:

• a person is trespassing or has trespassed on your property
• you have reasonable grounds to suspect the person will trespass on a place.

Reasonable grounds includes a person who has been directed to leave a place and is seen approaching but has not yet entered the place.

If a person who has been banned and warned to stay off enters the place during the ban period, this is a trespass.

How it's given

You can give a direction verbally or in writing.

You don't need to get a person’s name, address or date of birth for the warning to take effect. However, these details would be helpful for your written record or incident log.

Verbal warning

Make sure you:

• give clear instructions
• record it.

Give clear instructions

State all of the following:

• you are an occupier or are authorised by the occupier of a place
• the person is warned to stay off and banned from entering
• a ban period applies
  • if you don't state a ban period, the person is banned for 3 months
• the place that the ban period applies to.

You should also state that not leaving immediately is a criminal offence, as is entering the place during the ban period.

Record it

Keep a written record - for example, an incident log.

This may include:

• that a warning to stay off was given
• the date and time
• the place or location
• the person who gave the warningif an employee or other authorised person, that they are authorised by the occupier
• if the notice was verbal or in writing, or both
• if known, the name and address of the banned person
• if a period of time was specified, the length of the ban (up to 12 months)
• what information was given to, or stated to, the banned person.

The written record may be needed for evidence if a person breaches the warning to stay off.

Written warning

You can give a written warning to stay off.

A written warning to stay off should include the same information given in a verbal warning to stay off.

It is easier to prove that the warning to stay off given to the person and details of the ban if you record a written notice.