Trespass (Specified Retail Premises and Other Matters) Amendment Bill

Trespass (Specified Retail Premises and Other Matters) Amendment Bill EXPLANATORY NOTE GENERAL POLICY STATEMENT The Trespass (Specified Retail Premises and Other Matters) Amendment Bill (the Bill ) aims to improve the utility of the Trespass Act 1980 (the Act ) within a retail environment by giving retailers, food service providers, and licensed premises a greater range of tools to deter retail crime and keep their property, workers, and customers safe. The Bill makes amendments to the Act in response to the recommendations from the Ministerial Advisory Group for the Victims of Retail Crime (the MAG ). The Bill— increases to 3 years the maximum period during which a trespass warning may apply, with discretion for any period up to that maximum; and creates a new bespoke power for occupiers of retail, food service, and licensed premises ( specified retail premises ) to trespass a person from multiple locations at once without needing to have cause to suspect that the person intends to trespass on those locations in the future; and widens the circumstances in which a person can be considered to know that they have been trespassed from a location occupied by a specified retailer, when the issue of a trespass warning was incomplete due to the actions of the person; and creates backstop provisions for situations where an occupier of any premises does not, or cannot, clearly inform the person of the time period or location to which a trespass warning applies, imposing a 3-year period and limiting the location to the place where the notice was served or attempted to be served; and increases to $2,000 the maximum monetary penalty for refusal to leave when directed to do so, and for breaching a trespass warning; and increases to $1,000 the maximum monetary penalty for refusal to give a name and address when requested by an occupier. The key purpose of the Act is to give a legal occupier of land the right to control who can come into and remain on their property. In the retail environment, the public can expect to enter a privately owned retail place but must leave when directed to do so by the occupier. The MAG expressed concern that the age of the Act and its focus on rural environments have made it impracticable and ineffective in a modern retail setting. The MAG is concerned that the Act does not give legal occupiers the discretion to trespass a person for longer or shorter periods of time to match the seriousness of the behaviour of the person while trespassing. The Bill addresses this by increasing the maximum trespass period, from 2 years to 3 years, to address serious behaviour, while giving occupiers the discretion to set a trespass period of any time up the 3-year maximum. The MAG reports that even when someone is successfully trespassed from one location, they can simply move to another venue to continue unwanted behaviour. The Act only allows an occupier to pre-emptively trespass a person from a place or places if the occupier has cause to suspect that the person has the intention of going to that place in the future. This test makes it difficult to successfully prosecute people in a retail environment. The Bill addresses this issue by giving occupiers of specified retail premises a new bespoke power to trespass someone from multiple locations. There will be no need to show that the person intended to go to any of those locations in the future. However, the occupier will need to have delegated authority in writing from the other occupiers to issue a trespass warning that relates to all the places in the multiple location notice. The Bill provides a new offence of breaching a mutli-location trespass warning if the person returns to any of the locations. Public authorities, for example, local authorities, are bound by the New Zealand Bill of Rights Act 1990 and could not use this new power. For a trespass offence to occur, a person must first be warned that they cannot return to the place they are trespassed from for a set period. The offence may occur when they knowingly return to that place within that time, despite the warning. The MAG reports that proving someone knew they were warned not to trespass in order to convict them is problematic. They say this is because some individuals intentionally frustrate the process of issuing a trespass warning so that it is very difficult to prove that they knew about the warning. The Bill addresses this by widening the circumstances in which a person can be considered to know they have been trespassed by the occupiers of specified retail premises, for the purposes of one of the offences that retailers rely on. The Bill provides that a person will be deemed to have sufficient knowledge for the criminal offence in some circumstances. This is where an oral or written trespass warning was attempted to be given by the occupier and the person intentionally refused to accept it, or where they knew, or ought to have known, that they were being given a warning and then in any way obstructed or prevented the warning from being given. In these circumstances, if the person returns to the place, a prosecution for the trespass offence could still proceed. The changes in the Bill mean that there may be circumstances in which a person does not receive all the information they need to avoid trespassing. The Bill addresses these gaps by providing default provisions if an occupier does not, or cannot, specify a time period or locations that apply to the trespass warning. In these circumstances, the warning to stay off will default to a 3-year period and apply only to the location at which the trespass warning was attempted to be given. Penalties for trespass offences have not been updated since the Act was first enacted in the 1980s. The MAG is concerned that the penalties are now too low to act as real deterrents, and do not reflect the actual harm experienced by retail workers when trespass warnings are breached. The Bill addresses this issue by increasing the fine for offences against sections 3 and 4 of the Act from $1,000 to $2,000. This penalty would also apply to the new offence of trespassing on specified retail premises. This increase aligns those trespass offences with other offences related to interference with private property rights found under the Summary Offences Act 1981, including wilful damage to property or being found on property without reasonable excuse, all of which carry a maximum penalty of 3 months’ imprisonment or a $2,000 fine. The Act provides a maximum $500 fine for a person who fails to give their name or address to a constable or private occupier under section 9. The MAG is concerned the penalty neither acts as a deterrent nor reflects the potential harm to victims if an individual of concern cannot be effectively trespassed. To address this, the Bill increases the fine for this offence to $1,000. Reflecting the age of the Act, the Bill makes minor and technical amendments to use modern drafting style and remove references to repealed legislation. DEPARTMENTAL DISCLOSURE STATEMENT The Ministry of Justice is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill. A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2026&no=273 REGULATORY IMPACT STATEMENT The Ministry of Justice produced a regulatory impact statement on 18 June 2025 to help inform the main policy decisions taken by the Government relating to the contents of this Bill. A copy of this regulatory impact statement can be found at— https://www.justice.govt.nz/assets/Documents/Publications/Regulatory-Impact-Statement-Amending-trespass-law-as-a-critical-vehicle-to-address-retail-crime-lodged-version.pdf https://www.regulation.govt.nz/our-work/regulatory-impact-statements/ CLAUSE BY CLAUSE ANALYSIS Clause 1 is the Title clause. Clause 2 provides that the Bill comes into force 3 months after Royal assent. Clause 3 provides that the Bill amends the Trespass Act 1980 (the principal Act ). MAIN AMENDMENTS Clause 4 amends section 2(1), which defines terms used in the principal Act. The amendments insert new definitions of local authority and specified retail premises. Clause 5 inserts new section 2A into the principal Act, which provides for transitional, savings, and related provisions as set out in new Schedule 1 . Clause 6 replaces section 4, which relates to trespassing on a place after being given a warning to stay off, with new sections 4 to 4C . Currently, section 4 provides that a person commits the offence of trespass if the person has been given a warning under section 4(1) or (2) by the occupier of a place to stay off that place but wilfully trespasses on the place within 2 years after being given the warning. New section 4 deals with trespassing on a place other than specified retail premises. In summary, new section 4 — increases the maximum period for which an occupier may trespass a person from a place from 2 years after giving the warning to stay off the place to up to 3 years after giving the warning; and clarifies that if a warning given by the occupier does not specify a particular period during which the person must stay off the place, the person must stay off the place for 3 years; and provides that the power to issue a warning to stay off a place under new section 4 does not apply in relation to specified retail premises. New sections 4A to 4C set out bespoke provisions that relate to trespass on specified retail premises. New section 4A enables an occupier to issue a warning (a single-occupier warning ) to a person who is trespassing or has trespassed on that occupier’s specified retail premises to stay off, for a period of up to 3 years,— the specified retail premises concerned; or the specified retail premises concerned and any other specified retail premises occupied by that occupier. Under new section 4A(2)(b) , the warning to stay off any other specified retail premises occupied by that occupier may be given regardless of whether— the person has trespassed on any of those other specified retail premises; or the occupier has reasonable cause to suspect that the person is likely to trespass on any of those other specified retail premises. New section 4A(3) enables the court to warn the person to stay off the premises if a person is convicted of an offence committed on or in respect of any of the occupier’s specified retail premises. New section 4A(4) sets out default provisions relating to a single-occupier warning to stay off specified retail premises. New section 4A(5) and (6) sets out an offence for breaching a single-occupier warning and defences to a charge of breaching the warning. New section 4B enables a trespass warning to be given to a person in relation to any of the specified retail premises occupied by a group of occupiers (a multi-location warning ). New section 4B(3) to (7) — enables the court to warn a person to stay off specified retail premises if the person is convicted of an offence committed on or in respect of any of the specified retail premises occupied by those occupiers; and sets out default provisions relating to a multi-location warning to stay off specified retail premises that mirror the provisions for single-occupier warnings; and enables a group of occupiers to delegate to any person the power to issue a multi-location warning to a person who is trespassing or has trespassed on any of those occupier’s specified retail premises; and sets out an offence for breaching a multi-location warning to stay off specified retail premises and defences to a charge of breaching the warning that mirror the provisions for single-occupier warnings. New section 4C deems a person to have been given a trespass warning to stay off specified retail premises under new section 4A or 4B in situations where the person— intentionally refuses to accept the warning; or knew, or ought to have known, that they were being given a warning but intentionally obstructed or prevented the warning from being given. Clause 7 replaces section 5, which relates to the delivery of trespass warnings, with new section 5 . Currently, section 5 provides that a warning given under section 3 (trespass after warning to leave) or section 4 (trespass after warning to stay off) must be given to the person concerned orally or by notice in writing delivered to the person by post in a registered letter at their usual place of abode in New Zealand. New section 5(1) carries over the options of giving a trespass warning orally or in writing but— updates the provision to include warnings relating to specified retail premises given under new section 4A or 4B ; and adjusts the existing requirement for giving a written warning by providing that the warning notice may be delivered either by personal service or by registered post addressed to the person at their usual or last known place of residence. New section 5(2) provides that a trespass warning relating to specified retail premises given under new section 4A or 4B must, where reasonable, be given in writing. Clause 8 amends section 11(2), which sets out penalties for offences against the principal Act. The amendments— increase the maximum penalty for an offence against section 3 (neglecting or refusing to leave a place after being warned to do so), section 4 (wilfully trespassing on a place other than specified retail premises) or section 12 (prohibition on carrying a weapon) from a fine not exceeding $1,000 to a fine not exceeding $2,000; and prescribe the maximum penalty for an offence against new section 4A or 4B (wilfully trespassing on specified retail premises) to be a fine not exceeding $2,000; and increase the maximum penalty for an offence against section 9 (refusing to give identifying information to an occupier or a constable) from a fine not exceeding $500 to a fine not exceeding $1,000. OTHER AMENDMENTS TO PRINCIPAL ACT Clause 9 and Schedule 1 insert into the principal Act a new Schedule 1 , which sets out transitional, savings, and related provisions arising from the Bill. Clause 10 and Schedule 2 make other minor and consequential amendments to the principal Act for consistency with current drafting practice and to update references to other legislation. The Parliament of New Zealand enacts as follows: 1 Title This Act is the Trespass (Specified Retail Premises and Other Matters) Amendment Act 2026 . 2 Commencement This Act comes into force 3 months after Royal assent. 3 Principal Act This Act amends the Trespass Act 1980. 4 Section 2 amended (Interpretation) In section 2(1), insert in their appropriate alphabetical order: local authority has the same meaning as in section 5(1) of the Local Government Act 2002 specified retail premises — a means any of the following: i premises from which the occupier carries on business selling, or offering for sale, by retail any finished goods: ii premises from which any prepared or cooked food or beverage that is ready to be consumed on the premises or taken away from the premises for immediate consumption is sold (for example, a takeaway shop, restaurant, food hall, or food court): iii premises from which alcoholic beverages for consumption on or off the premises are sold (for example, an on-licence or an off-licence): iv premises at which hospitality services are provided to members of the public (for example, a gambling venue, sporting facility, or other entertainment facility); but b does not include premises within the meaning of paragraph (a) that are occupied by a local authority 5 New section 2A inserted (Transitional, savings, and related provisions) After section 2, insert: 2A Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms. 6 Section 4 replaced (Trespass after warning to stay off) Replace section 4 with: 4 Trespass after warning to stay off place other than specified retail premises 1 If a person is trespassing or has trespassed on any place, the occupier of the place may, at the time of the trespass or within a reasonable time after the trespass, warn the person to stay off that place for a period of up to 3 years. 2 If an occupier of any place has reasonable cause to suspect that any person is likely to trespass on that place, the occupier may warn that person to stay off that place for a period of up to 3 years. 3 If a person is convicted of an offence against this section committed on or in respect of any place, the court may warn that person to stay off that place. 4 If a warning given under this section does not specify a particular period during which the person must stay off the place concerned, the person must stay off the place for 3 years. 5 A person commits an offence against this section if, after being warned to stay off any place, the person wilfully trespasses on that place— a within the period specified by or on behalf of the occupier; or b if no period is specified, within 3 years after the giving of the warning. 6 It is a defence to a charge under subsection (5) if the defendant proves that— a the person by whom or on whose behalf the warning was given is no longer an occupier of the place concerned; or b it was necessary for the defendant to commit the trespass— i for the defendant’s own protection or for the protection of some other person; or ii because of some emergency involving the defendant’s property or the property of some other person. 7 This section does not apply in respect of specified retail premises (for which sections 4A to 4C provide). 1968 No 52 s 4 4A Trespass after warning to stay off specified retail premises given by single occupier 1 This section applies if a person is trespassing or has trespassed on specified retail premises. 2 The occupier of the specified retail premises may, at the time of the trespass or within a reasonable time after the trespass, warn the person to stay off, for a period of up to 3 years,— a the specified retail premises concerned; or b the specified retail premises concerned and any other specified retail premises occupied by that occupier, regardless of whether— i the person has trespassed on any of the other premises; or ii the occupier has reasonable cause to suspect that the person is likely to trespass on any of those other premises. 3 If a person is convicted of an offence against this section committed on or in respect of any specified retail premises occupied by the occupier, the court may warn that person to stay off the premises. 4 If a warning given under subsection (2) — a does not specify a particular period during which the person must stay off the specified retail premises, the person must stay off the specified retail premises for 3 years: b does not include any other specified retail premises occupied by that occupier that the person must stay off, the warning applies only in respect of the specified retail premises that the person is trespassing or has trespassed on. 5 A person commits an offence against this section if, after being warned to stay off specified retail premises, the person wilfully trespasses on those premises— a within the period specified by or on behalf of the occupier; or b if no period is specified, within 3 years after the giving of the warning. 6 It is a defence to a charge under subsection (5) if the defendant proves that— a the person by whom or on whose behalf the warning was given is no longer the occupier of the premises concerned; or b it was necessary for the defendant to commit the trespass— i for the defendant’s own protection or for the protection of some other person; or ii because of some emergency involving the defendant’s property or the property of some other person. 4B Trespass after warning to stay off specified retail premises given by group of occupiers 1 This section applies if a person is trespassing or has trespassed on specified retail premises. 2 The occupier of the specified retail premises on which a person is trespassing or has trespassed and any 1 or more other occupiers of specified retail premises may, at the time of the trespass or within a reasonable time after the trespass, warn the person to stay off, for a period of up to 3 years,— a the specified retail premises that the person is trespassing or has trespassed on; and b all or any other specified retail premises occupied by the group of occupiers. 3 If a person is convicted of an offence against this section committed on or in respect of any specified retail premises occupied by those occupiers, the court may warn that person to stay off the premises. 4 If a warning given subsection (2) — a does not specify a particular period during which the person must stay off the specified retail premises, the person must stay off the specified retail premises for 3 years: b does not include any other specified retail premises occupied by those occupiers that the person must stay off, the warning applies only in respect of the particular specified retail premises that the person is trespassing or has trespassed on. 5 The occupiers may, by notice in writing, delegate to any person the power to issue a warning under subsection (2) . 6 A person commits an offence against this section if, after being warned to stay off specified retail premises, the person wilfully trespasses on those premises— a within the period specified by or on behalf of the group of occupiers; or b if no period is specified, within 3 years after the giving of the warning. 7 It is a defence to a charge under subsection (6) if the defendant proves that— a the person by whom or on whose behalf the warning was given is no longer an occupier of the premises concerned; or b it was necessary for the defendant to commit the trespass— i for the defendant’s own protection or for the protection of some other person; or ii because of some emergency involving the defendant’s property or the property of some other person. 4C Certain persons deemed to have been given warning to stay off specified retail premises A person is deemed to have been given a warning under section 4A(2) or 4B(2) to stay off specified retail premises if— a the occupier or a person acting on behalf of the occupier or group of occupiers has attempted to give the person a warning (whether orally or in writing) to stay off the premises but the person intentionally refuses to accept the warning; or b the person knew, or ought to have known, that they were being given a warning to stay off the specified retail premises but intentionally obstructed or prevented the warning from being given. 7 Section 5 replaced (Delivery of warnings) Replace section 5 with: 5 Delivery of warnings 1 A warning under section 3, 4, 4A , or 4B may be given to a person— a orally; or b by written notice delivered to the person— i by personal service; or ii by registered post addressed to the person at the person’s usual or last known place of residence. 2 However,— a if a warning given under section 4A relates to 2 or more specified retail premises, the warning must, where reasonable, be given in writing: b a warning given under section 4B must, where reasonable, be given in writing. 1968 No 52 s 4(2) 8 Section 11 amended (Offences and penalties) In section 11(2)(a), replace section 4 or section 12, to a fine not exceeding $1,000 with section 4, 4A, 4B , or 12, to a fine not exceeding $2,000 . In section 11(2)(e), replace $500 with $1,000 . 9 New Schedule 1 inserted Insert the Schedule 1 set out in Schedule 1 of this Act as the first schedule to appear after the last section of the principal Act. 10 Minor and consequential amendments to principal Act Amend the principal Act as set out in the Schedule 2 of this Act. 1 New Schedule 1 inserted 1 s 2A Transitional, savings, and related provisions 1 Provisions relating to Trespass (Specified Retail Premises and Other Matters) Amendment Act 2026 1 Interpretation In this Part, unless the context otherwise requires,— amendment Act means the Trespass (Specified Retail Premises and Other Matters) Amendment Act 2026 commencement date means the date on which the amendment Act comes into force. 2 Warnings given under section 4 before commencement date 1 This clause applies to a warning that— a was given under section 4 before the commencement date; and b requires the person to whom it was given to stay off a place for a period that includes any time that falls after the commencement date. 2 The warning continues in force according to its terms as if the amendment Act had not been enacted. 1 Transitional, savings, and related provisions 2 Minor and consequential amendments to principal Act Replace section 3(2) with: 2 It is a defence to a charge under subsection (1) if the defendant proves that it was necessary for the defendant to remain in or on the place concerned for the defendant’s own protection or the protection of some other person, or because of some emergency involving the defendant’s property or the property of some other person. In section 9(1)(a) and (b) and (3)(c), replace his with the person’s . In section 9(1)(b), replace he with the person . In section 9(2), replace him and, if he persists in his failure or refusal, may arrest him with the person and, if the person persists in failing or refusing to comply, may arrest the person . Replace shall with is . In section 12(1), replace— a Where with If ; and b he was carrying a weapon or had a weapon with him with the person was carrying a weapon or had a weapon with them . In section 12(1)(b), replace shall with must . In section 12(2), replace— a Where with If ; and b his licence or permit shall be deemed to be revoked during the disqualification; but the disqualification shall not prevent the revocation of his with the person’s licence or permit is to be treated as having been revoked during the disqualification; but the disqualification does not prevent the revocation of the person’s . In section 12(4), replace— a Where with If ; and b shall be forfeited to the Crown accordingly, and shall with is forfeited to the Crown accordingly, and must . Replace section 12A with: 12A Application of this Act to public bars Despite anything in section 305 of the Sale and Supply of Alcohol Act 2012 or section 13 of this Act, this Act applies in respect of public bars on— a any premises in respect of which an on-licence within the meaning of the Sale and Supply of Alcohol Act 2012 is in force; or b any premises conducted as an on-licence by a licensing trust specified in Part 1 of Schedule 1 of the Sale and Supply of Alcohol Act 2012. In section 13, replace shall derogate from anything that any person is authorised to do by or under any other enactment with limits or affects anything that any person is authorised to do by or under any other legislation . Replace section 13(b) with: b section 44 of the Civil Aviation Act 2023: