Scoop has an Ethical Paywall
Licence needed for work use Learn More

Local Govt | National News Video | Parliament Headlines | Politics Headlines | Search


Police Officers Unlawfully Entered Canterbury Property

The Independent Police Conduct Authority has found that Police unlawfully entered a man’s private property to serve Family Court documents on the Court’s behalf.

On 18 December 2020, two Police officers entered the property to serve the documents on the man’s then partner. The man and his partner were not home, but Police spoke briefly to a young person at the property before leaving.

The man complained that Police could not enter his property because he had revoked the implied licence enabling any person, including Police officers, to enter private property to communicate with an occupier.

The occupier can terminate or limit the implied licence to enter and remain on private property, through direct communication or unambiguous signage. The man said he had notified the Canterbury District Commander that Police were not to enter his property in August 2020. He also posted signage on his house saying: “Keep Out – Private Property.” This sign was visible on the day the two officers visited.

The Authority found that the service of originating proceedings and a Judge’s minute notifying of an upcoming conference is not the execution of a court process pursuant to a court order. Also, the Police officers cannot, in our view, be regarded as court officers for this purpose. An application for substituted service ought to have been made if the documents needed to be served urgently.

We also found that the prominent and unequivocal signage revoked the implied licence, and the two officers’ actions constituted a civil trespass. The effect of the notification to the District Commander was less certain, as it is unclear whether the officers knew about it.

Advertisement - scroll to continue reading

Are you getting our free newsletter?

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.

Further, Police could not rely on the common law defence available to court officers executing a court process pursuant to a court order.

© Scoop Media

Advertisement - scroll to continue reading
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On National Spreading Panic About The Economy

The lure for New Zealand to join the AUKUS military alliance is that membership of only its “second pillar” will still (supposedly) give us access to state of the art military technologies. As top US official Kurt Campbell said during his visit to Wellington a year ago:
...We've been gratified by how many countries want to join with us to work with cutting-edge technologies like in the cyber arena, hypersonics, you can go down a long list and it's great to hear that New Zealand is interested...


Government: Retiring Chief Of Navy Thanked For His Service

Defence Minister Judith Collins has thanked the Chief of Navy, Rear Admiral David Proctor, for his service as he retires from the Royal New Zealand Navy after 37 years. Rear Admiral Proctor will retire on 16 May to take up an employment opportunity in Australia... More

Labour: Grant Robertson To Retire From Parliament
Labour List MP and former Deputy Prime Minister and Minister of Finance Grant Robertson will retire from Parliament next month, and later in the year take up the position of Vice Chancellor of the University of Otago... More

Government: Humanitarian Support For Gaza & West Bank

Winston Peters has announced NZ is providing a further $5M to respond to the extreme humanitarian need in Gaza and the West Bank. “The impact of the Israel-Hamas conflict on civilians is absolutely appalling," he said... More

Government: New High Court Judge Appointed

Judith Collins has announced the appointment of Wellington Barrister Jason Scott McHerron as a High Court Judge. Justice McHerron graduated from the University of Otago with a BA in English Literature in 1994 and an LLB in 1996... More




InfoPages News Channels


Join Our Free Newsletter

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.