Thompson and Toresen will serve a Trespass Notice for you anywhere in New Zealand. You might want someone to leave your home or place of work for a number of reasons. They may be committing offences on your property, being disorderly or simply have no right to be there.
There is no legal requirement to give a trespass notice in writing. However, a written document reinforces the situation for the person given the trespass notice; they cannot say they did not know of the notice and requirement to leave and not return.
If you deliver a trespass notice verbally, it is advisable to record the date and time along with the reason for giving a trespass notice to that person. Also record the name or description of the person asked to leave.
If you undertake a written trespass, complete three copies of the Trespass Notice:
- one copy to the person you are serving the trespass notice on
- one copy for you to keep
- one copy to give to the nearest police station or attending police officer, for entering into the Police records database
To serve a notice you simply hand it to the person. If they refuse to accept it and it drops on the ground, it is still considered served. Keep that copy and note down that the person refused to accept the notice.
You are required to give a reasonable time for the trespasser to leave. If the person stays or takes an unreasonable time to comply, call 111 and ask for Police.
If someone comes back after you have given them a trespass notice they will have committed an offence. Call 111 and ask for Police.
Download a Trespass notice here:
The application for dissolution may be made by one party to a marriage or civil union alone (one party application), or by both parties together (joint application).
In both cases, the party or parties filing the application can choose whether they have the application dealt with in their absence by a Registrar, or appear in Court. If the Registrar makes the order, it does not come into effect until one month after that date, whereas if the order is made by a judge, it becomes effective immediately. The option of appearing in Court to have an order made will be subject to the availability of judges and the workload of the Family Court.
Application documents should be filed with the Family Court, either by hand or post and will include an application form, a sworn (sworn in front of and signed by a registrar, lawyer or Justice of the Peace) affidavit, and an information sheet. The affidavit will state that you have been living apart for two or more years and that arrangements have been made for your children (under 16 years) or that there is good reason why those arrangements have not been made. Include a sworn copy of your marriage certificate with the application.