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New Zealand Police v Barnao [2024] NZDC 14332

Published 06 November 2024

Judge-alone trial — wilful trespass — protest — defence of necessity — abortion — Trespass Act 1980 ss 4(1), 4(2), 4(4) & 4(5). The defendant faced a charge of wilful trespass. He had gone to Wellington Hospital after being warned not to, and then refused to leave after being asked. The defendant admitted the charge, but claimed the defence of necessity. His argument was that he had had to go to the Hospital to prevent unborn children from being aborted. The Court found that the defendant's religious beliefs were genuine and sincere. However the defence only applied in the case of everyday events, not in the case of religious ideology. Abortion was legal under New Zealand law. The defendant was convicted on the charge. Judgment Date: 18 June 2024