New Zealand Case Law: Decisions & Judgments

Topic

Obstruction

Legal area

Court

8 Jun 2020

Lincoln v Attorney-General (redacted version) [2020] NZHC 1252

Citation

[2020] NZHC 1252
Court

High Court

On the facts the Court found Police had reasonable and probable grounds to stop and arrest Lincoln for obstruction while discharging policing duties in response to a report of open carriage of an MSSA in public; psychiatric assessment and subsequent property inquiries were justified; no admissible evidence proved an unlawful assault, false imprisonment, malicious prosecution or trespass; plaintiff's claims dismissed.
29 Nov 2016

STANTON v NEW ZEALAND POLICE [2016] NZCA 561

Citation

[2016] NZCA 561
Court

Court of Appeal

Leave to bring a second appeal was declined because the proposed appeal raised no matter of public or general importance nor would refusing leave cause a miscarriage of justice; the Summary Proceedings Act provides the exclusive route to challenge infringement notices so the validity of the parking fines could not be collaterally re‑litigated at the enforcement stage, and the obstruction conviction was adequately supported by evidence.
17 May 2013

BRESLIN v LYONS COA CA189/2012

Citation

COA CA189/2012
Court

Court of Appeal

Permanent parking on the servient strip was contrary to the grant of a right to go, pass and repass and would derogate from the dominant tenement's rights where, as a matter of fact, it would obstruct passage; the easement wording is appurtenant and binds title so the appellants cannot assert a contrary parking right; the appellants' land is not landlocked under the PLA because it enjoys reasonable vehicular access to the boundary and statutory and discretionary factors (including purchaser's knowledge) do not justify an order for reasonable access.

New Zealand Case Law

Lincoln v Attorney-General (redacted version) [2020] NZHC 1252

STANTON v NEW ZEALAND POLICE [2016] NZCA 561

BRESLIN v LYONS COA CA189/2012