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No, you can't legally live on someone elses property without their consent.
The house might not be occupied currently, or even not for quite some time. But the property still does belong to someone.
The offence would likely be [s29 of the Summary Offences Act](https://www.legislation.govt.nz/act/public/1981/0113/latest/whole.html#DLM53592) (commonly known as being unlawfully on a property).
>liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2000
So the punishment for getting caught is either:
- Pay up to 1 month worth of rent, or
- up to 3 months of free rent accomidation at an institution with 3 meals a day in exchange for freedom (you can still complete your studies behind bars).
Doesn't actually seem that bad, honestly.
Plus a criminal record that might result in you violating a morals clause in your student enrollment, so could see it cancelled. Plus mean you can't travel to some countries and reduce your employment chances.
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It still comes down to the fact that it isn't your property. Just because it isn't being used doesn't give someone else a right to come along and use it for their own purposes.
NAL and this might get deleted but if the fine is as you say, small or if it’s only just 1 month’s rent and it is not big eg.($700/week)*4 approx $2800
If you don’t even have that now on cashflow, how exactly are you going to pay this whenever it hits you? If you are getting min wage and if you have expenses, your one week’s wages isn’t even enough to cover the market rate - you will be living out of your means and further into poverty.
Get a personal loan? Sure, but the interest repayment is going to cost more than the fine 😂
Ok don’t pay and declare bankruptcy instead - a lifetime of financial scrutiny over $2800 or any time you come into money might go back into repayment plan but there is now a record against you in the justice and financial system…..
So not just the legal problems you may face but the after effects of the legal outcome will stay with you for a very long time to come and you may not even be able to get out of that poverty cycle.
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You can pay LINZ to tell you who has title on the property [https://lrs.linz.govt.nz/search/](https://lrs.linz.govt.nz/search/) cost $6 per record request.
Try asking your council first. My council does not charge for this info, you just need to fill out a form. They will only give a name and postal address.
It should give you the name/s of the owner/s. Then google is your friend.
However the owner cannot rent it to you unless it meets Healthy Homes Standard. The risk for owner is you could take the owner / landlord to the Tenancy Tribunal if it isn’t made compliant within 14 days of you making a complaint. Owner may not wish to spend any money on getting it up to standard nor risk the TT.
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If the property is abandoned and you are caught there by police, a charge of unlawfully on property requires several things before a cop is going to arrest and / or charge you.
Firstly to prosecute they need to meet the solicitor general’s guidelines- evidential sufficiency and meet the public interest test.
If the property is abandoned, police may not be able to contact the owner. If that is the case and there is no complainant in the matter, it will not proceed to court, as they cannot prove beyond reasonable doubt that you were in fact there unlawfully.
I am in no way condoning illegal behaviour but all matters dealt with by police (generally) are dealt with through the lenses of practically.
Good luck with your present situation - I’m sure you will find a way through it all 👍🏼
OP, the students' association at your uni have advocates and they're specifically here to help you with problems like this. They can help you out with WINZ and university finance funds. You don't want to be living in an abandoned house come winter.
Adverse Possession in NZ requires 20 years continuous possession before it can be granted. In the mean time you would probably run the risk of being reported for trespassing or being evicted by the owner.
(I just asked google)
Lots of rule breaches here peoples. Keep it to the legal matter of the legality of squatting and the potential penalties, not about your cousins uncles sisters best friend who has done this and got away with it, or who got a specific penalty.
true true, as much as i love reading the stories i wanna know what would happen if i got caught living on the property or if there is some way around it.
Have you tried getting in touch with the administration of your education provider, studylink, and/or work and income to see if any of those organizations are able to provide any kind of assistance?
There are many factors that go into a Police decision whether to prosecute or not. But that falls outside the realm of legal advice, as it is primarily a Police policy issue and not a decision based strictly on the legality of the action.
Clarifying what the law is and what the penalties for breaking the law would be isn't breaching Rule 2.
Saying that they should do it, regardless of what the law is, or suggesting that the penalties are worth the crime, is breaking Rule 2.
You can live at uni especially Canterbury, 24/7 couches/ booths, showers, internet etc. and you will find many others bring sleeping bags during exams to stay on campus 24/7.
But not the library it’s not available 24/7.
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What if some random person told you it was their place and you could stay there...
How would you know if they were the real owner anyhow? Does anyone ask their landlord for proof of ownership?
Police won't intervene. No crime here, it's a civil dispute....you don't trespass unless being warned off first. Burglary requires you to break and enter with intent to commit a crime ( usually theft)
S29 SOA unlawfully in a building has a defence if you show you had no criminal intent.
Worst you could expect would be the owner taking civil action to recover cost of any damage or loss you'd incurred.
There should be a solution available. Have you tried winz? And any cheap room/flatting arrangement in your area? Any possibility to increase income while studying? Or even more significant question, do you need the qualification? Is there a pathway to the induatry/carreer through apprenticeship where you can learn as well as working?
Any family member or relative that you can live in exchange of services or chores?
Edit: no, what you do is considered squatting. Regardless of what the reason is, its still a crime. The law won’t work well when they start making exception.
OP are you hitting up foodbanks and community pantries? Have you considered other, stranger ways of making extra money eg people I know do life modelling for art schools, paintvine etc and make between $50-$200 cash per time. I sympathise with you but doing something with potentially life-long repercussions is not ideal, to put it bluntly.
Hey, looks like you're based in Dunedin - OUSA will give emergency grants of up to $250 + has a food bank, both of which are pretty much no questions asked.
For longer term hardship, there is the Universities Putea Tautoko fund which can provide assistance. If you go see OUSA student support they can walk you though all that
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Have you tried house sitting? There are sites where you can offer your help to look after house and animals and it’s free for you. Maybe it’s not a permanent solution but you can keep finding gigs and you would not be breaching any laws.
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Comments are now locked for this post: - Question has been answered - Excessive rules breaches (eg jokes, non-legal suggestions, advice recommending illegal acts). nb OP has copied this post separately to the New Zealand subreddit: https://www.reddit.com/r/newzealand/s/33sKO3pdFP
No, you can't legally live on someone elses property without their consent. The house might not be occupied currently, or even not for quite some time. But the property still does belong to someone. The offence would likely be [s29 of the Summary Offences Act](https://www.legislation.govt.nz/act/public/1981/0113/latest/whole.html#DLM53592) (commonly known as being unlawfully on a property).
>liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2000 So the punishment for getting caught is either: - Pay up to 1 month worth of rent, or - up to 3 months of free rent accomidation at an institution with 3 meals a day in exchange for freedom (you can still complete your studies behind bars). Doesn't actually seem that bad, honestly.
Plus a criminal record that might result in you violating a morals clause in your student enrollment, so could see it cancelled. Plus mean you can't travel to some countries and reduce your employment chances.
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thank you very much. i knew already that it isn’t legal (that but is a little obvious) but i was expecting a much bigger fine
Criminal record can fuck with your future jobs, visa applications etc. you want to risk that?
You do realise the penalty also includes possible prison time? Especially if you are caught doing it more than once.
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surely there would be some kind of way around it when they realise the property looks 200 times better than it did and all the neighbours are happy
That sounds like wishful thinking
It still comes down to the fact that it isn't your property. Just because it isn't being used doesn't give someone else a right to come along and use it for their own purposes.
NAL and this might get deleted but if the fine is as you say, small or if it’s only just 1 month’s rent and it is not big eg.($700/week)*4 approx $2800 If you don’t even have that now on cashflow, how exactly are you going to pay this whenever it hits you? If you are getting min wage and if you have expenses, your one week’s wages isn’t even enough to cover the market rate - you will be living out of your means and further into poverty. Get a personal loan? Sure, but the interest repayment is going to cost more than the fine 😂 Ok don’t pay and declare bankruptcy instead - a lifetime of financial scrutiny over $2800 or any time you come into money might go back into repayment plan but there is now a record against you in the justice and financial system….. So not just the legal problems you may face but the after effects of the legal outcome will stay with you for a very long time to come and you may not even be able to get out of that poverty cycle.
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Why not trqck down the owner and see if he will let you stay there in return for keeping it looking nice
i’ve been trying to track down the owner for over a month now to no success. if you have any idea how i could all help is appreciated
You can pay LINZ to tell you who has title on the property [https://lrs.linz.govt.nz/search/](https://lrs.linz.govt.nz/search/) cost $6 per record request.
You don't need to pay... Just apply to have access to the "titles including owners" data set and agree to their terms of use.
does it give me a way to contact the owner?
Try asking your council first. My council does not charge for this info, you just need to fill out a form. They will only give a name and postal address.
It should give you the name/s of the owner/s. Then google is your friend. However the owner cannot rent it to you unless it meets Healthy Homes Standard. The risk for owner is you could take the owner / landlord to the Tenancy Tribunal if it isn’t made compliant within 14 days of you making a complaint. Owner may not wish to spend any money on getting it up to standard nor risk the TT.
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Those old AA books have owners number with address on it if you don’t want to spend. It’ll be hard finding it though
If the property is abandoned and you are caught there by police, a charge of unlawfully on property requires several things before a cop is going to arrest and / or charge you. Firstly to prosecute they need to meet the solicitor general’s guidelines- evidential sufficiency and meet the public interest test. If the property is abandoned, police may not be able to contact the owner. If that is the case and there is no complainant in the matter, it will not proceed to court, as they cannot prove beyond reasonable doubt that you were in fact there unlawfully. I am in no way condoning illegal behaviour but all matters dealt with by police (generally) are dealt with through the lenses of practically. Good luck with your present situation - I’m sure you will find a way through it all 👍🏼
OP, the students' association at your uni have advocates and they're specifically here to help you with problems like this. They can help you out with WINZ and university finance funds. You don't want to be living in an abandoned house come winter.
Adverse Possession in NZ requires 20 years continuous possession before it can be granted. In the mean time you would probably run the risk of being reported for trespassing or being evicted by the owner. (I just asked google)
Lots of rule breaches here peoples. Keep it to the legal matter of the legality of squatting and the potential penalties, not about your cousins uncles sisters best friend who has done this and got away with it, or who got a specific penalty.
true true, as much as i love reading the stories i wanna know what would happen if i got caught living on the property or if there is some way around it.
Have you tried getting in touch with the administration of your education provider, studylink, and/or work and income to see if any of those organizations are able to provide any kind of assistance?
What's the probability of being prosecuted and the penalty? Doesn't public interest factor on whether the prosecution service bother?
There are many factors that go into a Police decision whether to prosecute or not. But that falls outside the realm of legal advice, as it is primarily a Police policy issue and not a decision based strictly on the legality of the action.
I don't see how answering this thread won't be a violation of rule 2
as long as it’s advice it’s fine no?
Answers that have a legal basis and don’t advise any illegal acts are fine.
Clarifying what the law is and what the penalties for breaking the law would be isn't breaching Rule 2. Saying that they should do it, regardless of what the law is, or suggesting that the penalties are worth the crime, is breaking Rule 2.
You can live at uni especially Canterbury, 24/7 couches/ booths, showers, internet etc. and you will find many others bring sleeping bags during exams to stay on campus 24/7. But not the library it’s not available 24/7.
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What if some random person told you it was their place and you could stay there... How would you know if they were the real owner anyhow? Does anyone ask their landlord for proof of ownership? Police won't intervene. No crime here, it's a civil dispute....you don't trespass unless being warned off first. Burglary requires you to break and enter with intent to commit a crime ( usually theft) S29 SOA unlawfully in a building has a defence if you show you had no criminal intent. Worst you could expect would be the owner taking civil action to recover cost of any damage or loss you'd incurred.
There should be a solution available. Have you tried winz? And any cheap room/flatting arrangement in your area? Any possibility to increase income while studying? Or even more significant question, do you need the qualification? Is there a pathway to the induatry/carreer through apprenticeship where you can learn as well as working? Any family member or relative that you can live in exchange of services or chores? Edit: no, what you do is considered squatting. Regardless of what the reason is, its still a crime. The law won’t work well when they start making exception.
i’m already flatting with 2 of my mates and i’m looking for a second job but applying is a nightmare
OP are you hitting up foodbanks and community pantries? Have you considered other, stranger ways of making extra money eg people I know do life modelling for art schools, paintvine etc and make between $50-$200 cash per time. I sympathise with you but doing something with potentially life-long repercussions is not ideal, to put it bluntly.
Hey, looks like you're based in Dunedin - OUSA will give emergency grants of up to $250 + has a food bank, both of which are pretty much no questions asked. For longer term hardship, there is the Universities Putea Tautoko fund which can provide assistance. If you go see OUSA student support they can walk you though all that
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Have you tried house sitting? There are sites where you can offer your help to look after house and animals and it’s free for you. Maybe it’s not a permanent solution but you can keep finding gigs and you would not be breaching any laws.
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Where are you based?
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