17 Dec 2013
* Chambers J died before this judgment was delivered. The remaining Judges have decided under s 30(1) of the Supreme Court Act 2003 to continue the proceeding to judgment.TAUEKI v R [2013] NZSC 146
- Citation
- [2013] NZSC 146
- Court
- Supreme Court
Appellant was not in peaceable possession of the specific area of the public domain where the incident occurred, had no authority from the trustees or Domain Board to evict or use force, and the force used exceeded the scope of s 56; s 56 cannot be invoked on the basis of a mistaken belief as to possession; therefore the s 56 defence failed and the assault conviction stands.