Penelope Mary Bright v New Zealand Police - SC 51/2009

Summary

Criminal – Trespass Act 1980 – appellant arrested and charged with the offence of trespass under ss 3(1) and 11(2)(a) of the Trespass Act following refusal to leave a Council meeting when asked to do so – appellant subsequently convicted in the District Court – whether the Local Government Official Information and Meeting Act 1987 negates the Trespass Act since removal of a person under s 50 of the Local Government Official Information and Meeting Act is a complete remedy in itself – whether the minimum threshold for convicting under the Trespass Act was not met because the appellant was never warned for trespass before being charged and convicted.[2009] NZCA  187  CA 796/2008    15 May 2008

Result

Application for leave to appeal dismissed. 6 August 2009

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