Police v Kings Work Trust - [1990] 1 NZLR 45

Criminal law — Offences — Sale of liquor — Unlicensed premises — Charitable trust owned premises which were leased to motorcycle club — Police raided premises finding persons consuming liquor in room set up as a bar — Premises were unlicensed and police charged the trust, the trustees and the persons found on the premises with breaches of the Sale of Liquor Act — Whether the trust was an occupier of the premises — Whether the trustees were occupiers as trustees or because of their involvement in activities on premises — Whether persons found on premises were occupiers — Whether persons found on premises had rebutted statutory presumption against them — Whether persons found on premises had established they were engaged in lawful activity — Sale of Liquor Act 1962, ss 219, 262, 263, 264, 270 and 272.

Criminal law — Practice and procedure — Rebuttal of statutory presumption against defendant — Whether a defendant is obliged to give evidence to rebut a statutory presumption against him — Sale of Liquor Act 1962, s 264(5).