IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY
I TE KŌTI MATUA O AOTEAROA WHAKATŪ ROHE
CRI-2025-442-17
[2025] NZHC 2689
UNDER the Criminal Procedure Act 2011 and the Criminal Procedure Rules 2012 BETWEEN
SUNBIRD
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 4 September 2025 Appearances:
S J Zindel for Appellant
A R Goodison for Respondent
Judgment:
16 September 2025
JUDGMENT OF McHERRON J
[1] The appellant was convicted on seven charges of wilful trespass1 and one charge of criminal harassment,2 after a judge-alone trial in the Nelson District Court.3 For her offending, the appellant was sentenced to three months’ imprisonment on the criminal harassment charge and two months’ imprisonment on each trespass charge, to be served concurrently. A protection order was also imposed upon conviction.4
[2] The appellant now appeals against her convictions. She submits that Judge Snell erred in his findings that:
1 Trespass Act 1980, s 4.
2 Harassment Act 1997, s 8.
3 Police v [Sunbird] [2025] NZDC 10598 [Judgment under appeal]. To protect the privacy of family members, the name of the appellant has been anonymised.
4 Sentencing Act 2002, s 123B.
SUNBIRD v NEW ZEALAND POLICE [2025] NZHC 2689 [16 September 2025]
(a)she was not an occupier of the address from which she was trespassed (the Address); and
(b)her actions were sufficient to constitute harassment, having reasonably caused the complainant, referred to in this judgment as L, and the parties’ children, to fear for their safety.
[3] The appellant also seeks leave to appeal out of time. Her appeal was only filed on 4 June 2025, more than three months late.
Factual background
[4] The appellant and L married each other in 2013. They had been renting the Address as their family home since March 2021. They have two children together, aged 12 and 13. In October 2022, they separated but continued to live together at the Address until February 2023 when the appellant left for the United States to find employment. She was unsuccessful and returned to New Zealand around four months later. She did not return to live at the Address and instead lived at various other addresses within the local community, maintaining some contact with her children and L.
[5] The tenancy agreement for the Address was renewed in January 2023 for another one-year term, with both the appellant and L signing as tenants. L advised the landlord around September 2023 that the two had separated, that the appellant was no longer living at the Address, and that L wanted to take the appellant’s name off the tenancy. The landlord agreed to this, but only after the conclusion of the then current tenancy agreement at the end of February 2024.
[6] In or about November 2023, the appellant left again for the United States. L applied for a parenting order, on the basis that he wanted stability and certainty for his children. He felt that the appellant had been acting erratically and was unstable. An interim parenting order was granted in…
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- AGLC
- Sunbird v Police [2025] NZHC 2689
- Case
- [2025] NZHC 2689
- Decision Date
CaseChat Overview and Summary
The High Court found that the District Court judge did not err in concluding that Sunbird was not a lawful occupier of the address when the trespass notice was issued, as the variation of the tenancy agreement was valid despite not meeting the strict requirements of the Residential Tenancies Act. The High Court further found that Sunbird’s actions, including repeatedly returning to the address despite the trespass notice, interim parenting order, and bail conditions, were sufficient to cause the victim to reasonably fear for his and his children’s safety. The High Court held that Sunbird knew her harassment was likely to cause the victim to reasonably fear for their safety, and that no miscarriage of justice occurred.
Leave to appeal was granted, but the appeal was dismissed, and Sunbird’s convictions were upheld.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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