| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA475/2022 [2023] NZCA 57 |
| BETWEEN | MARIA ELENA JEAN CAVANAGH |
| AND | NEW ZEALAND POLICE |
| Court: | French, Ellis and Churchman JJ |
Counsel: | Applicant in person |
Judgment: | 14 March 2023 at 2.15 pm |
JUDGMENT OF THE COURT
The application for leave to bring a second appeal is declined.
____________________________________________________________________
REASONS OF THE COURT
(Given by Ellis J)
Ms Cavanagh was charged with trespass and resisting arrest following a tenancy dispute. The District Court subsequently dismissed the trespass charge under s 147 of the Criminal Procedure Act 2011 (CPA) and the police withdrew the charge of resisting arrest.[1] Ms Cavanagh then applied for indemnity or (alternatively) scale costs against police under the Costs in Criminal Cases Act 1967 (CCCA).
[1]Police v Cavanagh [2021] NZDC 22627 [dismissal judgment].
In general terms the CCCA provides that where a defendant is acquitted of an offence or where the charge is dismissed or withdrawn, on the merits or otherwise, the Court may order that they be paid such sum as it thinks just and reasonable towards the cost of their defence.[2]
[2]Costs in Criminal Cases Act 1967 (CCCA), s 5(1).
The District Court declined her initial application for costs.[3] Ms Cavanagh then appealed to the High Court, but her appeal was dismissed.[4]
[3]Police v Cavanagh [2022] NZDC 5549 [District Court judgment].
[4]Cavanagh v Police [2022] NZHC 2174 [High Court judgment]; additionally, a related complaint made by Ms Cavanagh to the Independent Police Complaints Authority about the conduct of the police in her case has also been dismissed.
Ms Cavanagh now seeks leave to bring a second appeal to this Court.
The events leading to the charges[5]
[5]The factual narrative is taken from the District court judgment, above n 3.
In January 2020, Ms Cavanagh moved into the spare room of a house in Christchurch that had been occupied by Mrs Jackson, who was 80. No formal tenancy agreement was signed but it was agreed rent would be $120 a week with the cost of electricity to be split.
When, in response to the COVID-19 pandemic, New Zealand moved to a Level 4 Lockdown, Ms Cavanagh went to live in Timaru. She stopped paying rent or electricity expenses for the Christchurch property.
When New Zealand moved back to Level 3, Ms Cavanagh returned to the Christchurch property but was asked to leave. She maintained that her tenancy continued and refused to do so. Mrs Jackson and her daughter telephoned the police.
After discussion, police gave Ms Cavanagh a verbal trespass order. They gave her the opportunity to collect her personal items but she declined and drove off.
After some time had passed, Ms Cavanagh went to the Christchurch Police Station and spoke to an officer who confirmed that the trespass notice was valid. Ms Cavanagh then left and drove back to the address and again asserted her rights to enter. Police were again…
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- Cavanagh v Police [2023] NZCA 57
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- [2023] NZCA 57
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