Application to dismiss charge — criminal nuisance — unlawful act — breach of bylaw — intention to endanger — mental health — Crimes Act 1961, s 145 — Bylaws Act 1910, s 22 — Evidence Act 2006, ss 4 & 138 — Public Safety and Nuisance Bylaw 2013, bylaw 6(1) — R v Anderson [2005] 1 NZLR 774. The defendant faced one charge of criminal nuisance. Police had intervened when the defendant had been sitting on a tree branch over a cliff edge and then sitting with her feet over the cliff edge the next day. Police had rescued her. Further, she had been stopped on 59 other occasions for similar actions. In order to prove criminal nuisance, the prosecution had to establish an unlawful act, and an intent to endanger the lives of others. The unlawful act claimed was the breach of a bylaw which prohibited use of a public space to wilfully obstruct, disturb, interfere with, alarm, distress, intimidate or harm any other person using that public space. The Judge determined that the ambit of the bylaw did not cover police officers acting in their duty; rather it applied to other members of the public using that space, and therefore the defendant was not interfering with the officers' right to enjoyment of the space. The Judge also determined that the defendant did not intend to endanger the life of anyone else. She was suffering from mental illness and her focus was inward rather than the impact her actions might have on others. The Judge was not satisfied that the elements were proven to the required standard, and the charge was dismissed. Judgment Date: 3 December 2020.