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Free Exclusion Order Template for New Zealand

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Key Requirements PROMPT example:

Exclusion Order

I need an exclusion order to prevent a specific individual from entering my residential property due to ongoing harassment concerns. The document should comply with New Zealand legal standards and include details of the individual, the prohibited areas, and the duration of the exclusion.

What is an Exclusion Order?

An Exclusion Order is a powerful legal directive issued by New Zealand courts or authorities to ban someone from entering specific places or areas. These orders often come into play when someone has shown threatening or disruptive behavior at locations like shopping centers, sports venues, or business premises.

Under NZ law, these orders help protect public safety and property rights by giving property owners and managers a legal tool to keep problematic individuals away. Breaking an Exclusion Order is a serious offense that can lead to arrest and criminal charges. The courts can set different durations for these orders, from short-term bans to longer periods, depending on the situation's severity.

When should you use an Exclusion Order?

Consider an Exclusion Order when dealing with individuals who repeatedly cause trouble at your business premises or property. Common triggers include customers who harass staff, shoplifters who keep returning, or people who threaten others' safety and wellbeing at your location.

The key is timing - get the Exclusion Order in place before serious incidents escalate. For example, if someone has already received warnings about their behavior but continues to create problems, an Exclusion Order gives you legal backing to prevent their entry. It's particularly valuable for retail stores, shopping centers, and venues where public safety is paramount under NZ property law.

What are the different types of Exclusion Order?

  • Trespass-based Exclusion Orders: Most common type, banning entry to specific business premises or property for up to 2 years
  • Court-issued Protection Orders: Include exclusion provisions to keep someone away from specific locations linked to protected persons
  • Venue-specific Bans: Used by entertainment venues, sports facilities, or shopping centers to bar disruptive individuals
  • Time-limited Orders: Short-term bans lasting days or weeks, often used for immediate security concerns
  • Extended Duration Orders: Long-term exclusions for serious cases, requiring stronger evidence and legal justification

Who should typically use an Exclusion Order?

  • Property Owners: Can request and enforce Exclusion Orders to protect their premises and people on site
  • Business Managers: Often initiate the process and manage day-to-day enforcement of the orders
  • Security Staff: Responsible for identifying excluded persons and preventing their entry
  • Police Officers: Enforce orders when breached and can arrest those who violate them
  • Courts: Issue and validate certain types of Exclusion Orders, especially those linked to protection orders
  • Excluded Persons: Must comply with the order's terms or face legal consequences

How do you write an Exclusion Order?

  • Incident Details: Document specific dates, times, and nature of problematic behavior leading to the order
  • Personal Information: Gather accurate name, photo, and physical description of the person to be excluded
  • Property Details: Clearly define the exact premises or areas covered by the Exclusion Order
  • Duration: Decide on a reasonable timeframe based on incident severity and legal limits
  • Evidence: Collect CCTV footage, witness statements, or incident reports supporting the need for exclusion
  • Service Method: Plan how you'll properly serve the order to ensure legal enforceability
  • Documentation: Keep copies of all related correspondence and proof of service

What should be included in an Exclusion Order?

  • Identification Section: Full names and descriptions of both the property owner/manager and excluded person
  • Property Details: Exact address and boundaries of areas covered by the order
  • Duration Clause: Clear start and end dates of the exclusion period
  • Reason Statement: Brief description of incidents or behavior leading to the order
  • Legal Authority: Reference to relevant NZ Trespass Act provisions
  • Consequences: Clear statement of penalties for breaching the order
  • Service Details: How and when the order was served to the excluded person
  • Signature Block: Space for authorised person's signature and date

What's the difference between an Exclusion Order and a Restraining Order?

An Exclusion Order differs significantly from a Restraining Order in several key ways, though both are legal tools for keeping people away from specific places or individuals.

  • Scope of Protection: Exclusion Orders focus solely on specific properties or premises, while Restraining Orders can cover multiple locations and include personal contact restrictions
  • Application Process: Exclusion Orders can be issued directly by property owners or managers, whereas Restraining Orders require court approval
  • Duration: Exclusion Orders typically last up to 2 years under trespass laws, while Restraining Orders can extend longer and are more easily renewed
  • Legal Framework: Exclusion Orders operate under property and trespass laws, while Restraining Orders fall under family violence and personal safety legislation
  • Enforcement Method: Exclusion Orders are primarily enforced by property owners and security staff, with police support when needed; Restraining Orders are directly enforced by police

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