IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2014-404-000298 [2014] NZHC 3282
BETWEEN MARK JAMES PATRICK GHENT
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 15 December 2014 Appearances:
S Rollo for Appellant
H Musgrave for RespondentJudgment:
17 December 2014
JUDGMENT OF VENNING J
This judgment was delivered by me on 17 December 2014 at 3.30 pm, pursuant to Rule 11.5 of the
High Court Rules.
Registrar/Deputy Registrar
Date……………
Solicitors: C Morrall, Christchurch
Meredith Connell, Auckland
Copy to: S Rollo, Christchurch
GHENT v NEW ZEALAND POLICE [2014] NZHC 3282 [17 December 2014]
Introduction
[1] Mark Ghent was charged with:
(a) obstructing a police officer in the execution of his duty: s 23(a), Summary Offences Act 1981; and
(b)refusing to give his name and address to a police officer: s 52(1)(c) of the Land Transport Act 1998.
[2] Following a defended hearing in the District Court at Waitakere Judge J Bergseng delivered a reserved decision in which he found both charges proved.1 On the obstruction charge Mr Ghent was convicted and fined $200 with Court costs
$130.00. On the refusal to provide particulars he was convicted and discharged. Mr
Ghent appeals against both convictions.
The obstruction charge
[3] On 26 September 2012 Mr Ghent was driving a motorcycle in Henderson. Sergeant Thornley saw him overtaking a vehicle through an intersection. The Sergeant activated his lights and siren and pulled Mr Ghent over on Te Atatu Road. The Sergeant then noticed Mr Ghent was wearing a Hell’s Angel’s patch. The Sergeant asked Mr Ghent to provide his particulars and licence. Mr Ghent provided his licence but a stand-off between the two followed. Mr Ghent filmed the incident using his cell phone.
[4] Sergeant Thornley initially asked Mr Ghent to remove his helmet to confirm his identity. Mr Ghent partially lifted his helmet, but not fully, so the Sergeant asked him to take his helmet off properly. After initially refusing to do so, Mr Ghent eventually complied. Sergeant Thornley then returned towards his patrol car to run checks about Mr Ghent’s licence and vehicle. Mr Ghent followed the Sergeant closely. In colloquial terms, Mr Ghent got in the Sergeant’s face. The Sergeant asked Mr Ghent to return to his motorbike so he could carry out the checks without Mr Ghent’s interference. The Sergeant was also concerned for his safety. After
directing Mr Ghent to stand by his motorcycle, and Mr Ghent’s refusal to comply, Sergeant Thornley pushed Mr Ghent in the direction of his motorcycle. The Sergeant warned Mr Ghent on several occasions that he would be arrested for obstruction if he did not move before finally arresting him for obstruction.
The failure to provide details charge
[5] Approximately two and a half months later on 13 December 2012 Mr Ghent was with a group of fellow motorcyclists at the Shell Service Station at Westgate, Henderson. Constable Brown was directed to attend the service station.
[6] There were about 10 to 12 members of the group. Mr Ghent was one of…
Keep reading for free
Create a free CaseChat account to read Ghent v Police and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2014] NZHC 3282
- Decision Date
CaseChat Overview and Summary
On the obstruction charge, the court held that Ghent's confrontational behaviour and refusal to comply with the officer's direction to stand away made it more difficult for the officer to carry out his duties. The court concluded that Sergeant Thornley's request for Ghent to move away was reasonable and lawful, considering the context and the officer's safety concerns. Ghent's rights under the New Zealand Bill of Rights Act 1990 did not entitle him to refuse a lawful and reasonable direction. Thus, the appeal against the obstruction charge was dismissed.
Regarding the refusal to provide particulars, the court found that the predominant purpose of the police officer's interaction with Ghent was intelligence gathering rather than enforcing the Land Transport Act. Although the officer requested Ghent's particulars when he was on a road and about to drive off, the court was left with a reasonable doubt that the predominant purpose shifted from intelligence gathering to Land Transport considerations. The court concluded that the officer's dominant purpose to gain intelligence about the gang could not justify Ghent's arrest for refusing to provide particulars. Therefore, the appeal against the conviction for refusing to provide particulars was allowed, and that conviction was quashed.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.