Penelope Mary Bright v New Zealand Police

[2009] NZSC 85

IN THE SUPREME COURT OF NEW ZEALAND

SC 51/2009
[2009] NZSC 85

PENELOPE MARY BRIGHT

v

NEW ZEALAND POLICE

Court:Blanchard, McGrath and Wilson JJ

Counsel:Applicant in person

F E Guy Kidd for Crown

Judgment:6 August 2009 

JUDGMENT OF THE COURT

THE APPLICATION FOR LEAVE TO APPEAL IS DISMISSED.

REASONS

[1]       The applicant’s appeals against her conviction for trespass following her exclusion from a local authority meeting on account of her disorderly behaviour have been dismissed in the High Court[1] and Court of Appeal.[2]  She wishes to argue that the Trespass Act 1980 could not be invoked because the incident had been dealt with under s 50 of the Local Government Official Information and Meetings Act 1987 (the LGOIM Act), which she says is exhaustive of the relevant powers of the local authority in such circumstances.

[1]Bright v Police (unreported, High Court, Auckland, CRI-2007-404-301, Andrews J, 30 May 2008). 

[2]     Bright v Police [2009] NZAR 324 (Glazebrook, Hammond and Chambers JJ).

[2]       If this were a truly arguable point, it would raise a question of public and general importance but, for the reasons given by the Court of Appeal, we are satisfied that the proposed ground of appeal is not arguable.  In particular, we agree with that Court that the two statutes can operate consecutively in the circumstances of a local authority meeting and that the LGOIM Act does not exclusively govern the situation. 

Solicitors:
Crown Law Office, Wellington