New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Defence of movable property

Legal area

Court

27 Apr 2021

CURTAIN v NEW ZEALAND POLICE [2021] NZHC 907

Citation

[2021] NZHC 907
Court

High Court

Appellant was not in peaceable possession of the phone at the time the force was applied so s53 did not apply; even if a claim of right were arguable, the force used was disproportionate and caused bodily harm to the complainant, so neither defence of movable property nor self-defence succeeded; trial judge did not err to the extent of a miscarriage of justice and the appeal is dismissed.
11 Sept 2020

BIRCHALL v NEW ZEALAND POLICE [2020] NZHC 2378

Citation

[2020] NZHC 2378
Court

High Court

Although the District Court erred by not inviting submissions and failing to address s 53, on rehearing of the issues the appellate court found no miscarriage of justice because the evidence proved the mechanic had possession under a lien and the appellant was not in peaceable possession nor showed belief in a claim of right, so s 53 did not apply and the conviction is upheld.