LEGAL207

• trespass to the person is an interference with your personal being
• the three common features of trespass are, direct, intention and actionable without proof
• assault is a reasonable apprehension of an imminent battery
• the intentional and unlawful deprivation of another’s liberty for some time period.
• Necessity may be a justified defence against trespass to the person.
• Arrestor entitled to use reasonable force. This is a complete defence to false imprisonment
• This must always be proportional to the threat. e.g., if a person is attacked by a knife, it would be proportionate to defend yourself with a knife.
• You may use reasonable force to take property that has been taken. The force used for this must be reasonable, if not you will be held for battery.
• battery Protects against unlawful interference with body.
• whether the contact is generally acceptable in the ordinary conduct of daily life as in (Collins v Wilcock)
• Insulting and demeaning behaviour constitutes battery as laid out in Hayward v O’Keeffe.
• battery any unlawful physical contact by one person on another without lawful consent, actual injury is not necessary but the person must intend to do the physical harm
• Land defined generally, any intrusion into the subsoil beneath the plaintiff's land will constitute trespass and erecting a permanent structure that overhangs on the plaintiff's land.
• An unjustified direct interference with land in the possession of another is actionable per se without proof of actual damage.
• Browns v Dunsmuir is the authority case for questions of trespass
• Requirements of proof to establish trespass are intention, a positive voluntary act, physical intrusion and possession.
• the defendant acted with INTENTION of intruding on the plaintiff's land. CASE: Shattock v Devlin
• The act was an actual intrusion (positive act).
• There was a physical intrusion on the plaintiff's land, caused by defendants act.
• The plaintiff was in possession, or entitled to immediate possession, they must have exclusive possession of the land.
• Easements are rights to use someone else’s land for a specified purpose
• Bare Licenses are granted to a person who needs to access the land
• Trespass to land, an unjustified direct interference with land in the possession of another.
• Rules regarding airspace mean the occupier of the land has a REASONBLE height that is acceptable when an owner claims air space.
• An injunction is a remedy to say stop what you're doing you're not allowed to do that.
• A landowner only has rights in the airspace to such a height as is necessary for ordinary use and enjoyment of the land. 
• Relevant legislation for trespass, Civil Aviation Act 1990 and Property Law Act 2007.
• The right to sue typically resides in the person with POSSESSION, they need an intention to possess and exercise of control to exclusion of others.
• A trespass by relation is committed when the plaintiff has a right to immediate possession of the land but has not yet exercised their right.
• Any interference with land constitutues trespass, doesnt require harm slightest entry is enough.
• Interference: Causing a thing or person to enter another’s land. CASE: smith v stone
• Interference: Allowing a thing to remain on land after its right to be there has ceased CASE Konskier v Goodman
• the unauthorized entry must follow directly from the defendant’s act, not indirect or consequential result (that is nuisance)
• Allowing a thing to remain on land after its right to be there has ceased. Once the permission has ended, failure to move is trespass.
• Interfering directly with another’s profits a prendre, allows the holder to enter the land of another because the holder has the right to some part of it.
• In New Zealand law it may be trespass to exclude a person entitled to possession even where … the defendant did not physically enter the land.
• Defences, Necessity, no defence, consent or implied license, trespass to remoteness.
• Defence of Neccessity, is reasonable to imply authority from the occupier to permit entry onto the land for legitimate inquiry. And the entitlement to stay on that land continues until the legitimate inquiry is made or frustrated or the implied authority is revoked by the occupier.
• No defence, although a belief may be honest if it is not objectively reasonable then this will constitute trespassing.
• Defence, consent by expressed or implied licence with lawful possession and can be express or implied. The defendant must prove that there is a license to enter.