New Zealand Case Law: Decisions & Judgments

Topic

Trespass notices

Legal area

Court

16 Nov 2023

RYAN v LOBB [2023] NZHC 3239

Citation

[2023] NZHC 3239
Court

High Court

The court awarded scale costs with specified steps assessed at Band 2C because the affidavits and interlocutory relief required comparatively more preparation and complexity; disbursements were allowed where reasonably necessary but ordinary solicitor expenses (gown hire and taxis) were disallowed; indemnity costs were awarded against the third defendant because WAG flagrantly breached an injunction and proceeded with deficient PLA notices causing unnecessary cost and distress; scale costs and disbursements were ordered against the first and third defendants jointly and severally while indemn…
12 Oct 2023

GREENHORN v THE SPEAKER OF THE HOUSE OF REPRESENTATIVES [2023] NZHC 2865

Citation

[2023] NZHC 2865
Court

High Court

The trespass notice issued to the applicant satisfied the statutory requirements of the Trespass Act and, given the unprecedented scale, duration and escalation of the parliamentary protest and the resulting public order and safety concerns, the limitation on the applicant's rights was reasonable and demonstrably justified under s5 of the Bill of Rights Act; the withdrawal of the notice on 30 March 2023 was lawful and reasonable; the Court declined to grant any declaration of unlawfulness, cannot compel an apology, and declined to award costs against the applicant despite her unsuccessful cla…
27 Jan 2023

NAGRA AND ANOR v SRI GURU SINGH SABHA AUCKLAND INC (1229571) [2023] NZHC 34

Citation

[2023] NZHC 34
Court

High Court

Most challenged passages were admissible because they provided relevant factual context or were direct observations capable of explaining the decision‑making environment; limited passages were excluded where they amounted to speculation, inadmissible hearsay, opinion or submissions, or where probative value was outweighed by risk of prejudice; pre‑trial rulings were made selectively with leave to revisit at trial.
16 Aug 2022

RUBY & RATA LTD v REED [2022] NZHC 2025

Citation

(2022) 23 NZCPR 463
Court

High Court

The Court found a serious question to be tried that the grantee may be entitled to establish an additional access point and to gravel/pave access from the sealed driveway, but declined to grant the interim injunction because the balance of convenience and overall justice require determination at a substantive hearing given limited evidence and factual complexity (including subdivision issues); the trespass notices were amended and the parties were encouraged to agree an interim position or proceed to an expedited substantive hearing.
11 Mar 2022

OWENS v DONG [2022] NZHC 411

Citation

[2022] NZHC 411
Court

High Court

The court held the plaintiffs were entitled to immediate delivery up of the NZDMG secured property and summary judgment for the outstanding debt of NZD 788,641.87 because (1) BNZ held enforceable, perfected security interests; (2) defaults occurred and BNZ properly complied with s128 PLA procedures and lawfully appointed receivers; (3) the defendants disclosed no credible or reasonably arguable defence on the material evidence; (4) allegations of oppressive conduct, wrongful taking, damage or an ongoing Banking Ombudsman process did not bar enforcement or create triable issues sufficient to d…
21 Aug 2020

GLOVER v NEW ZEALAND POLICE [2020] NZHC 2121

Citation

[2020] NZHC 2121
Court

High Court

Photographic and other uncontested evidence proved the appellant committed two offences of wilful damage and breached a valid trespass notice; the appellant's protest motivation did not afford a defence to wilful damage and did not render the trespass notice unlawful; the sentence of 80 hours community work and $170 reparations was within the permissible range and not manifestly excessive.
22 Nov 2017

FITCHETT v BOARD OF TRUSTEES OF NELSON COLLEGE [2017] NZHC 2880

Citation

[2017] NZHC 2880
Court

High Court

Applicant entitled to costs for the substantive (category 2B) hearing because he succeeded on judicial review, but award reduced by 30% to reflect unsuccessful pleaded grounds that increased the Board's costs and the applicant's unhelpful conduct during proceedings; the Board is entitled to specified interlocutory costs (certified items under schedule 3) amounting to $7,693.50 which is to be offset against the applicant's award, producing a net costs order of $8,072.60 in favour of the applicant; disbursements awarded to each party as claimed for respective hearings; certification for second…
25 Aug 2016

NOBLE v AHARONI [2016] NZHC 1995

Citation

[2016] NZHC 1995
Court

High Court

The interim injunction was discharged because the defendants demonstrated a reasonable possibility of establishing defences of truth/unlawful conduct and/or theft at trial such that the high Fahey threshold for prior restraint was not met; consequently continuation of the prior restraint could not be justified and the balance of convenience is irrelevant.
10 Sept 2014

KENNETH ZIEGLER v PORTS OF AUCKLAND LIMITED [2014] NZHC 2186

Citation

[2014] NZHC 2186
Court

High Court

The Court struck out the proceeding because the issuance of the trespass notice and the denial of access arose from private/commercial exercise of landowner rights by Ports of Auckland, were not sufficiently public in nature to attract judicial review, the trespass notice was authorised and not plainly wrong under s4(2) Trespass Act, and the Bill of Rights did not apply to those actions.
8 Feb 2013

BRADY & ORS V THE PRESBYTERIAN CHURCH OF AOTEAROA NEW ZEALAND HC AK CIV-2012-404-2549

Citation

openlaw-6401499f_aa71_4850_85c1_33b7861d6979.pdf
Court

High Court

The Court dismissed the plaintiffs' claims and granted the defendants' strike‑out/summary judgment applications: first and second defendants (local church bodies) cannot be sued as unincorporated associations; the disputes are not justiciable because they concern internal church governance without proprietary/economic rights; property control rests with the managers under s38 and Schedule 2 of the Presbyterian Church Property Act 1885, entitling them to revoke implied licences and to issue trespass notices in the circumstances alleged; the negligence and statutory breach claims against the so…