New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Peaceable possession

Legal area

Court

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.
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.