New Zealand Police v Scott [2017] NZDC 18195

Published 16 April 2018

Wilful trespass — unlawful hunting — sentencing — Wild Animal Control Act 1977, s 8. In 2016 the defendant was issued with a trespass notice. The notice had been authorised by the occupier of the land. The court found that that letter of authority post-dates the issue of the Trespass Act notice and post-dates the offence. Accordingly, there is no proof that the person issuing the trespass notice, the security guard, was acting under the appropriate delegated authority and, accordingly, the court could not be satisfied that the trespass notice was issued by a person, with the delegated authority of the occupier, and accordingly the trespass charge was dismissed. In regard to the second charge, it had to be shown that the defendant was hunting and that he was doing so without authority. The court found that the defendant was hunting in light of the location of the car and particularly taking into account the equipment in his car, further he had no authority to be there. Therefore, the defendant was convicted on this charge. Judgment Date: 15 August 2017