Wilcox v Police - [1994] 1 NZLR 243

Tort — Trespass — Prevention of entry to hospital of women seeking abortions — Whether persons blocking entry were "trespassers" - Meaning of "trespass" - Whether legally justified to remain on premises — Whether justification by necessity is considered in establishing offence — Whether justification by necessity should be considered only as a statutory defence — Whether common law principle of justification by necessity consistent with Trespass Act 1980 - Trespass Act 1980, s 3 - Crimes Act 1961, s 20.

Tort — Trespass — Prevention of entry to hospital of women seeking abortions — Belief that it was necessary to remain for the protection of unborn children and their mothers — Whether unborn child could be "some other person" in terms of Trespass Act — Trespass Act 1980, s 3(2).

Tort — Trespass — Defence — Prevention of entry to hospital of women seeking abortions — Whether it was necessary to remain in the hospital for the protection of the unborn children and their mothers — Whether belief that it was necessary was objectively reasonable — Trespass Act 1980, s 3.

Tort — Trespass — Defence — Prevention by passive means of entry to hospital for women seeking abortions — Whether it was necessary to remain for the protection of unborn children — Whether defence of another under s 48 of the Crimes Act available — Whether force used — Whether unborn child is "another" - Crimes Act 1961, s 48.