Police v O'Neill - [1993] 3 NZLR 712

Criminal law — Offences — Defences — Trespass in public hospital — Defendant honestly believed that her presence was necessary to protect women about to undergo pregnancy terminations — Whether defence involved a subjective belief that it was necessary to remain — Whether belief had to be based on reasonable grounds — Trespass Act 1980, s 3.

Criminal law — Offences — Defences — Trespass in public hospital — Defendant honestly believed that her presence was necessary to protect women about to undergo pregnancy terminations — Defendant believed that the pregnancy terminations were unlawful applications of a lawful process — Whether her belief could be a reasonable belief when it had not been proved that the terminations were unlawful — Trespass Act 1980, s 3.

Statutes — Interpretation — Trespass — Defence of necessity — Whether test of necessity objective or subjective — Trespass Act 1980, s 3(2).

Tort — Trespass — Observations as to differences between defences for charges of criminal trespass and claims for damages for civil or common law trespass — Trespass Act 1980, ss 3 and 4.