Reserved decision — assault — claim of right — reasonable force — peaceable possession — possessory lien — Summary Offences Act 1981, s 9 — Crimes Act 1961, ss 53 & 56 — Taueki v R [2013] NZSC 146 — Hastings v Police HC Whangarei, AP24/01, 19 July 2001. The defendant faced an assault charge. He had taken his car to a mechanic for repairs, after first getting an estimate for the work. When he returned to pick the car up, he became angry that the bill for the repairs was higher than the estimate, and that the mechanic had not contacted him to inform him of the extra cost. The defendant refused to pay the bill, and left the mechanic shop to go to his car which was parked outside. One of the mechanics (the complainant) attempted to retrieve the car and take it into the shop pending the defendant's payment of the bill, but the defendant elbowed and shoved the complainant out of the way before getting into his car and driving off. The defendant pleaded not guilty to the charge, arguing that he had a defence under s 53 of the Crimes Act; that he had been in peaceable possession of his car under a claim of right and had used reasonable force to defend it. The prosecutor argued that the defendant had not been in possession of his car at the time because the complainant claimed a possessory lien over the car. A lien only lasts as long as the person exercising the lien is in possession of the property. The complainant had not given up possession of the car at the time of the altercation with the defendant, and the Court found that the complainant had been entitled to maintain the lien until the defendant had paid the repair bill. However the defendant had honestly and genuinely believed that he had a right to possession of his car, and the amount of force he used in the altercation was not unreasonable. Therefore he had been operating under a claim of right and satisfied the requirements for a defence under s 53 of the Crimes Act. The charge was dismissed. Judgment Date: 8 March 2022.