Legality of trespassing members of the public from public land or buildings if that person has not committed a crime or offence.

Robert Stewart made this Official Information request to David Parker

David Parker did not have the information requested.

From: Robert Stewart

Dear David Parker,

I am asking the following questions of you in your role as Attorney General and Head of Crown Law:

Can you please provide me with all advice(emails, memos,manuals, orders, or writs), policies, or guidelines given by Crown Law to all Public Services with regards to trespassing someone from public land or buildings if that person has not committed a crime or offence ?

Can you please provide me with all advice (emails, memos,manuals, orders, or writs) your office holds on the legality of trespassing someone from public land or buildings if that person has not committed a crime or offence?

Can you please provide me with all advice (emails, memos,manuals, orders, or writs) your office holds on the legality of trespassing someone from MSD or WINZ buildings if that person has not committed a crime or offence?

Yours faithfully,

Robert Stewart

Link to this

From: D Parker (MIN)
David Parker

On behalf of Hon David Parker, thank you for your email.

 

Thank you for taking the time to write and please be assured that your
comments will be passed on to the Minister.

 

Yours sincerely

 

Office of Hon David Parker

 

Office of Hon David Parker MP | Attorney-General | Minister for Economic
Development | Minister for the Environment | Minister for Trade and Export
Growth | Associate Minister of Finance

 

Authorised by Hon David Parker MP, Parliament Buildings, Wellington

 

--------------------------------------------------------------------------

Link to this

Mr Rodgers left an annotation ()

You don't need to have committed an offence to be trespassed.. Anyone who has control of a place can trespass any other person, no reason given.

Link to this

Robert Stewart left an annotation ()

The trespass act specifically refers to private property. This request refers to Public Property. Ultimately where the authority derives from, & essentially whether its lawful to arbitrarily trespass citizens from public land or property if they haven't committed a crime or offence.

Link to this

Mr Rodgers left an annotation ()

No.

Only sections 6-9 apply to private land (think a statute written for farmers here).

Sections 3-5 are silent on public or private premises.

Link to this

Robert Stewart left an annotation ()

Silent on public is where the equivocation lies, but thanks for your contribution. I'd prefer this request is answered by the Attorney General, the person the OIA is directed at, with facts not arbitrary interpretation based on reckons.

Link to this

From: Lucy Kean


Attachment 2018 05 07 to Robert Stewart.pdf
52K Download View as HTML


Good afternoon

 

Please see attached letter.

 

Ngā mihi

 

 

L Kean | Private Secretary (Attorney-General)

Office of Hon David Parker 

Parliament Buildings | Wellington | New Zealand

 

 

show quoted sections

Link to this

From: OIA


Attachment 4678303 Official Information Act Letter to Mr Stewart regarding extension 31 May 2018.PDF.pdf
385K Download View as HTML


Good Afternoon,

 

Please find the attached correspondence in regards to your request for
information under the Official Information Act 1982.

 

Kind Regards,

 

Zoe Yeandle | Legal Secretary

Crown Law Te Tari Ture o te Karauna

P O Box 2858 or  DX SP20208 | Level 3 Justice Centre | 19 Aitken Street |
Wellington 6011

DDI:  +64 4 494 5548 or Fax +64 4 473 3482

[1]www.crownlaw.govt.nz

 

show quoted sections

References

Visible links
1. http://www.crownlaw.govt.nz/

Link to this

From: OIA


Attachment 4713439 OIA response to Mr Stewart trespass to public property 29 Ju....pdf
338K Download View as HTML


Good Afternoon,

 

Please find the attached correspondence in regards to your request for
information under the Official Information Act 1982.

 

Kind Regards,

 

Crown Law Te Tari Ture o te Karauna

P O Box 2858 or  DX SP20208 | Level 3 Justice Centre | 19 Aitken Street |
Wellington 6011

[1]www.crownlaw.govt.nz

 

show quoted sections

References

Visible links
1. http://www.crownlaw.govt.nz/

Link to this

Rich Seager left an annotation ()

Any follow-up on this one?

Link to this

Things to do with this request

Anyone:
David Parker only: