03/07/2026
COMMUNITY LEGAL AWARENESS
Many Papua New Guineans believe that if someone trespasses onto their land, the landowner can personally charge the offender. This is not correct.
Under the laws of Papua New Guinea, only the Royal Papua New Guinea Constabulary has the authority to investigate alleged criminal offences and lay criminal charges before the courts.
If a person enters your customary or private land without your permission, you should follow these legal steps.
1. Tell the person that they are on your land without permission and ask them to leave peacefully.
2. Do not use violence, threats or damage their property. Taking the law into your own hands may result in criminal charges against you.
3. Collect evidence. This may include photographs, videos, witness statements, GPS locations, copies of agreements, land boundaries, and details of any crops, buildings or natural resources that have been damaged.
4. Gather documents proving your rights over the land. These may include customary ownership evidence, genealogy, Incorporated Land Group records, court orders, survey plans, mediation records or other documents establishing lawful ownership or occupation.
5. Report the matter to the nearest Royal Papua New Guinea Constabulary police station and make a formal complaint. Provide all evidence to assist the police investigation.
6. The police will investigate the complaint. If sufficient evidence exists that a criminal offence has been committed, the police may lay the appropriate criminal charges.
Where the trespass involves destruction of property, stealing, unlawful damage, illegal occupation, threats, assault, illegal logging, unlawful mining, or the unlawful removal of sand, gravel, timber or other natural resources, additional criminal offences under the Criminal Code Act and other Acts of Parliament may also apply.
In addition to criminal proceedings, landowners may also seek civil remedies through the courts, including injunctions to stop continuing trespass, orders requiring the removal of trespassers, damages for losses suffered, and declarations confirming customary ownership or possession.
The legal principles protecting landowners in Papua New Guinea include:
• The Constitution of the Independent State of Papua New Guinea recognises and protects customary law and customary land rights.
• Approximately 97 percent of land in Papua New Guinea remains under customary ownership and is protected by law.
• The Land Act 1996 and related land legislation regulate dealings affecting land and protect lawful interests in land.
• The Criminal Code Act provides offences that may apply where trespass is accompanied by criminal conduct such as wilful damage, stealing, assault, intimidation or other unlawful acts.
• The Underlying Law Act recognises customary law as part of the underlying law of Papua New Guinea where it is consistent with the Constitution and written law.
• The National and Supreme Courts have consistently recognised that unlawful interference with another person's lawful possession of land may give rise to both civil and criminal consequences depending on the facts.
Landowners should remember that every case depends on its own facts. Simply entering land does not automatically mean a person has committed a criminal offence. Police will assess the evidence and determine whether criminal charges are appropriate. However, anyone who unlawfully occupies land, damages property, removes natural resources, intimidates landowners or refuses to leave after being lawfully directed may face both criminal prosecution and civil action.
Knowing your rights is the first step towards protecting your customary land, your ancestors' heritage and the rights of future generations through the rule of law.primarily a civil wrong (a tort) in Papua New Guinea.
Simple trespass to land is primarily a civil wrong (a tort) in Papua New Guinea. Criminal liability generally arises when the trespass is accompanied by another criminal offence, such as wilful damage, stealing, unlawful occupation, assault, intimidation, or offences under other legislation. This distinction is important so that community members receive accurate legal guidance.
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