Thread: Poaching, let's get this straight

I don't understand myself either

Basically if someone is on your land without permission be it shooting cans /stock or wild animals they are committing an offence or even just being on your land without permission with a firearm

Poaching is too broad it does not cover all aspects

No argument with that. The only point of possible confusion IMHO is when it comes to deciding which piece of legislation to nail the bastards with..............fortunately, we now have a quite a "cunt 'n paste" selection displayed in this thread to assist Constable Plod in making that decision. And there is more not yet pasted. See the 2 as yet non consolidated amendments to the Crimes Act.

I am now armed with the knowledge of Section 45

Originally Posted by moonhunt

I am now armed with the knowledge of Section 45

If you are armed in that section you may be imprisoned!

I do have a license for my small amount of knowledge

Originally Posted by sdogg73

New Zealand Crimes Act 1961-232. Look it up.
And in my eyes there is no difference in where you carry a loaded firearm in relation to this, a farm is someone's home and workplace. Would you feel safe with some muppet sneaking around and wondering am I going to catch a stray round anytime soon.
Illegal access is illegal access. Just because its a feral animal you can't legally take it from private property.
Less opinion would be appropriate.

Here are the facts...

Burglary is the breaking and entering of a building with intent to commit a crime therein... there is no such thing as aggravated burglary...

Aggravated assault and aggravated robbery are different and separate charges which may provide the intent for the separate charge of burglary. There is no such thing as aggravated theft.

You cannot commit burglary without a building...(or in some case law, other established structures) people are charged with two offences usually, burglary and theft, burglary and assault, burglars and ag robbery etc.. the later offence is mostly required to establish the intent required by law for the charge of burglary to be established.

You cannot commit burglary on land.

I don't give a stuff what your eyes say should be the case... the law says different and thankfully it is more appropriate than your opinion... if you can't tell the difference, at least the law can...

Illegal access is not an offence.... trespass is the term you are looking for... and basically you only trespass after having been told to leave and you fail to do so.

There are other offences associated with firearms and property which do apply... you cannot shoot across private property without permission for example, and as pointed out earlier wild animals belong to the crown until lawfully taken. Kind of makes it hard to claim ownership of a wild animal having shot it unlawfully...

Emotive opinion has no place in this discussion and particularly when backed up with little knowledge of the law.... I think most are out of their depth judging by what I have seen written so far..

Whoops..

just checked the Ag burglary... provisions provisions in more recent Ammendments..... however still relates to buildings etc as other comments....

Originally Posted by Dundee

Anything is possible Gadgetman

Attachment 23049

I suspect he isn't travelling 200km like that and seems to be missing his rifle and the rest of his kit.

This somes it up nicely!!

I can see the classic defence for a bloke caught carrying his firearm on someone else's land. "I went looking for the farmer to ask permission and the rules state that I'm not allowed to leave a firearm in an unattended vehicle." Would this be a lawful purpose to be there? I think it would only be up to this point that the 'visitor' can be trespassed.

This is one waste of space thread.
The farm is my place of work, one of our family farms is rather heavily poached by all sorts of people.
No one really cares. Not long ago I was fencing in the mist on a scrubby face when I looked up the hill two see a couple of guys crossing the fence I was working on they didn't even see me, but it scared the crap out of me.
I really can't see the difference between guys coming onto the farm and smoking a deer than me say going into your town section while your at home walking a round with a loaded gun and the blowing away your family dog leaving the guts on the lawn and buggering of after shooting some holes in your mailbox.
Against the law?? Who cares wrong without permission hell yes
Just my view on this stupid thread.


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Originally Posted by Sidney

Illegal access is not an offence.... trespass is the term you are looking for... and basically you only trespass after having been told to leave and you fail to do so.

Is it trespassing if there is a sign saying that you can't be there without permission? Or does someone have to catch you and verbally ask you to leave?

Once he/she has had the warnings. People seem to be struggling with this part.

Originally Posted by gadgetman

I can see the classic defence for a bloke caught carrying his firearm on someone else's land. "I went looking for the farmer to ask permission and the rules state that I'm not allowed to leave a firearm in an unattended vehicle." Would this be a lawful purpose to be there? I think it would only be up to this point that the 'visitor' can be trespassed.

Better not have the firearm loaded or in a 'ready to use' position while looking to ask permission then!

Originally Posted by GravelBen

Better not have the firearm loaded or in a 'ready to use' position while looking to ask permission then!

Exacaterry.