Version as at
6 November 2021
Crimes Act 1961
Part 3 s 60
Section 57(2): repealed, on 1 January 1981, by section 2(2) of the Crimes Amendment Act 1980
(1980 No 63).
Section 57(3): repealed, on 1 January 1981, by section 2(2) of the Crimes Amendment Act 1980
(1980 No 63).
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Exercise of right of way, etc
Every one lawfully entitled to enter on any land for the exercise of any right of
way or other easement or profit is justified in peaceably entering on the land
for the purpose of exercising that right of way, easement, or profit:
provided that if any one so entering has notice that his or her right to use that
way or easement, or to take that profit, is disputed by the person in possession
of the land, an assault committed by that person, or by any person acting under
his or her authority, for the purpose of making the person entering desist from
entry, shall be deemed to be provoked by the person entering.
Compare: 1908 No 32 s 84
Powers of discipline
59
Parental control
(1)
Every parent of a child and every person in the place of a parent of the child is
justified in using force if the force used is reasonable in the circumstances and
is for the purpose of—
(a)
preventing or minimising harm to the child or another person; or
(b)
preventing the child from engaging or continuing to engage in conduct
that amounts to a criminal offence; or
(c)
preventing the child from engaging or continuing to engage in offensive
or disruptive behaviour; or
(d)
performing the normal daily tasks that are incidental to good care and
parenting.
(2)
Nothing in subsection (1) or in any rule of common law justifies the use of
force for the purpose of correction.
(3)
Subsection (2) prevails over subsection (1).
(4)
To avoid doubt, it is affirmed that the Police have the discretion not to pros‐
ecute complaints against a parent of a child or person in the place of a parent of
a child in relation to an offence involving the use of force against a child,
where the offence is considered to be so inconsequential that there is no public
interest in proceeding with a prosecution.
Section 59: replaced, on 21 June 2007, by section 5 of the Crimes (Substituted Section 59) Amend‐
ment Act 2007 (2007 No 18).
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Discipline on ship or aircraft
(1)
The master or officer in command of a ship on a voyage or the pilot in com‐
mand of an aircraft on a flight is justified in using and ordering the use of force
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