Pretrial — application to discharge — obstructing the course of justice — "course of justice" — making a false document — Criminal Procedure Act 2011, s 147 — Crimes Act 1961, s 117(e) — Haw Tau Tau v Public Prosecutor [1982] AC 136 — R v Flyger [2001] 2 NZLR 721 — Cotter & Ors v R [2002] EWCA Crim 1033 — McMahon v R [2009] NZCA 472 — R v Meyrick CA513/04, 14 June 2005 — R v MPP [2017] NZCA 314 — R v Kong [2011] NZCA 537 — Chen v R [2019] NZHC 2519. Two defendants faced charges of obstructing the course of justice, or alternatively making a false document. They had distributed a flyer containing what the Crown alleged was false information intended to trigger a police investigation against two other people. The defendants applied for a discharge, submitting that there was no case to answer. The defendants argued that they had committed no actions that could be construed as an attempt to obstruct the course of justice; and that the relevant statutory provision, s 117(e) of the Crimes Act, did not cover the conduct alleged against them. The defendants also argued that the flyer was not "false" because it was made up of information that was publicly available on the internet and that had been posted by others. The Court considered that there had been procedural defects in bringing the application to court. However there was enough evidence for the charges to be brought to trial, and it was in the public interest for the matter to proceed, given the novel fact situation. The Court concluded with observations on how the charges against the defendants could be better worded. Judgment Date: 19 November 2021.