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
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
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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.
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.
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.
From: Lucy Kean
Good afternoon
Please see attached letter.
Ngā mihi
L Kean | Private Secretary (Attorney-General)
Office of Hon David Parker
Parliament Buildings | Wellington | New Zealand
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From: OIA
4678303 Official Information Act Letter to Mr Stewart regarding extension 31 May 2018.PDF.pdf
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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
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1. http://www.crownlaw.govt.nz/
From: OIA
4713439 OIA response to Mr Stewart trespass to public property 29 Ju....pdf
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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
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References
Visible links
1. http://www.crownlaw.govt.nz/
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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.
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