Section 91 — Crimes Act 1961: Forcible entry and detainer

91 Forcible entry and detainer (1) Every one commits forcible entry when, by force or in a manner that causes or is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, he enters on land that is in the actual and peaceable possession of another for the purpose of taking possession, whether or not he is entitled to enter. (2) Every one commits forcible detainer when, being in actual possession of land without claim of right, he detains it, in a manner that causes or is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against another who is entitled by law to possession of the land. (3) Whether there was actual possession, or claim of right, is a question of fact. (4) Every one who commits forcible entry or forcible detainer is liable to imprisonment for a term not exceeding one year. Compare: 1908 No 32 s 111 Subsections (2) and (3) were amended, as from 1 October 2003, by section 6 Crimes Amendment Act 2003 (2003 No 39) by substituting the words “ claim of right ” for the words “ colour of right ” .