Is Squatting Legal in New Zealand After the 2026 Framework Overhaul?

No. Squatting in New Zealand is illegal under the Property Law Act 2007 and Crimes Act 1961, as it constitutes trespass and potential burglary. Landowners may seek eviction via the Tenancy Tribunal or District Court, with police empowered to remove squatters under section 188 of the Search and Surveillance Act 2012. Recent 2026 amendments to the Residential Tenancies Act further criminalize squatting in vacant properties, imposing fines up to $10,000 for repeat offenders.

Key Regulations for Squatting in New Zealand

  • Trespass Offences: Under section 186 of the Crimes Act 1961, squatting on residential land without consent is a criminal offence, punishable by up to 2 years’ imprisonment or fines. Police can issue on-the-spot trespass notices under section 39 of the Trespass Act 1980.
  • Property Law Act 2007: Landowners must obtain a court order (section 317) to evict squatters, as self-help remedies are prohibited. Failure to comply risks contempt of court charges.
  • Local Authority Powers: Councils like Auckland Council enforce Local Government Act 2002 provisions, enabling them to remove squatters from council-owned land within 48 hours if deemed a public nuisance.