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Frequently asked questions


What is Section 61?

Section 61 can only be applied by the Police. It can apply when two or more people are trespassing on land to reside there and the landowner has taken reasonable steps to require them to leave (and they have failed to do so). In addition, one of the following also has to apply:

Damage has been caused to the land or property, or
Threatening/abusive/insulting behaviour has been used against the occupier, his family or agent, or
The trespassers have six or more vehicles (includes caravans and cars).
Any enforcement of Section 61 requires considered resourcing (i.e. the number of police officers required to take successful action may not be immediately available), and it may appear that no action is being taken. However, when appropriate, and when safe action can be taken, enforcement will take place.

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