Published 15 February 2022
Judge-alone trial — trespass — validity of trespass notices — access policy — “occupier” — Trespass Act 1980, ss 2, 3 & 4 — Fuatavai v Police [2017] NZHC 707 — Wilcox v Police [1994] 1 NZLR 243 — Roha v Police [2008] NZCA 541 — Police v Taueki [2016] NZHC 3098 — Taueki v Police [2017] NZCA 98 — Polly v Police [1985] 1 NZLR 443 — Abbott v Police [2009] NZCA 451 — Taueki v R [2013] NZSC 146 — Hanna v Police [2012] NZHC 218 — Police v Rongonui DC Wellington CRI-2010-085-422, 19 January 2010. The defendant faced three charges of trespassing on Kaingaroa Timberlands Forest. He argued that the trespass notices were invalid because he had a position as Resource Manager that stemmed from his beneficial ownership of the land; therefore, he had a right to be there. Witness evidence outlined the legal relationship between the owner of the land (CNI Iwi Holdings Ltd) and the owner of the forest and occupier of the land (Kaingaroa Timberlands partnership). As such Kaingaroa Timberlands and CNI Holdings had developed a joint cultural access and recreational policy, in order to minimise the hazards arising from access to the forest. The defendant had breached the policy by repeatedly entering the forest without an access permit. Therefore as occupier of the land Kaingaroa Timberlands was entitled to trespass the defendant, regardless of who owned the land. The Court found the charges proved. The defendant was convicted and discharged. Judgment date: 22 July 2020
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