Part 3 s 54
(2)
Crimes Act 1961
Version as at
6 November 2021
[Repealed]
Compare: 1908 No 32 s 78
Section 53(2): repealed, on 1 January 1981, by section 2(2) of the Crimes Amendment Act 1980
(1980 No 63).
54
Defence of movable property without claim of right
(1)
Every one in peaceable possession of any movable thing, but neither claiming
right thereto nor acting under the authority of a person claiming right thereto, is
neither justified in nor protected from criminal responsibility for defending his
or her possession against a person entitled by law to possession.
(2)
[Repealed]
Compare: 1908 No 32 s 79
Section 54(2): repealed, on 1 January 1981, by section 2(2) of the Crimes Amendment Act 1980
(1980 No 63).
55
Defence of dwellinghouse
Every one in peaceable possession of a dwellinghouse, and every one lawfully
assisting him or her or acting by his or her authority, is justified in using such
force as is necessary to prevent the forcible breaking and entering of the dwell‐
inghouse by any person if he or she believes, on reasonable and probable
grounds, that there is no lawful justification for the breaking and entering.
Compare: 1908 No 32 ss 80, 81; Criminal Code (1954) s 40 (Canada)
56
Defence of land or building
(1)
Every one in peaceable possession of any land or building, and every one law‐
fully assisting him or her or acting by his or her authority, is justified in using
reasonable force to prevent any person from trespassing on the land or building
or to remove him or her therefrom, if he or she does not strike or do bodily
harm to that person.
(2)
[Repealed]
Compare: 1908 No 32 s 82
Section 56(2): repealed, on 1 January 1981, by section 2(2) of the Crimes Amendment Act 1980
(1980 No 63).
Peaceable entry
57
Assertion of right to land or building
(1)
Every one is justified in peaceably entering in the daytime on any land or
building to the possession of which he or she, or some person under whose
authority he or she acts, is lawfully entitled, for the purpose of taking posses‐
sion thereof.
(2)
[Repealed]
(3)
[Repealed]
Compare: 1908 No 32 s 83
50