Summary Offences Act 1981 Westlaw LexisNexis
s 3 Disorderly behaviour
Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding [$2,000] who, in or within view of any public place, behaves, or incites or encourages any person to behave, in a riotous, offensive, threatening, insulting, or disorderly manner that is likely in the circumstances to cause violence against persons or property to start or continue.
- Recent sentencing decision: McRae v Police [2014] NZHC 1293
- Doesn’t apply if the likely violence is arrest of defendant by Police: R v Ali’imatafitafi [2007] NZCA 329
s 4 Offensive behaviour or language
(1) Every person is liable to a fine not exceeding $1,000 who,—
(a) in or within view of any public place, behaves in an offensive or disorderly manner; or
(b) in any public place, addresses any words to any person intending to threaten, alarm, insult, or offend that person; or
(c) in or within hearing of a public place,—
(i) uses any threatening or insulting words and is reckless whether any person is alarmed or insulted by those words; or
(ii) addresses any indecent or obscene words to any person.
(2) Every person is liable to a fine not exceeding $500 who, in or within hearing of any public place, uses any indecent or obscene words.
(3) In determining for the purposes of a prosecution under this section whether any words were indecent or obscene, the court shall have regard to all the circumstances pertaining at the material time, including whether the defendant had reasonable grounds for believing that the person to whom the words were addressed, or any person by whom they might be overheard, would not be offended.
(4) It is a defence in a prosecution under subsection (2) if the defendant proves that he had reasonable grounds for believing that his words would not be overheard.
(5) Nothing in this section shall apply with respect to any publication within the meaning of the Films, Videos, and Publications Classification Act 1993, whether the publication is objectionable within the meaning of that Act or not.
- Brooker v Police [2007] NZSC 30, [2007] 3 NZLR 91, (2007) 23 CRNZ 346
- Morse v Police [2011] NZSC 45, [2012] 2 NZLR 1, (2011) 25 CRNZ 174
- Both reviewed and discussed in R v Thompson [2012] NZHC 2234
Nudity – see R v Ceramalus reported at [2012] 2 NZLR 46 and R v Lowe High Court, Wellington, Clifford J, 2//3/2010, R v Ker [2014] NZHC 1227 (also relevant to s 27)
s 10 Assault on police, prison or traffic officer
Every person is liable to imprisonment for a term not exceeding 6 months or a fine not exceeding $4,000 who assaults any constable, or any prison officer, or any traffic officer, acting in the execution of his duty.
Recent case re execution of duty: Fleming v Police [2015] NZHC 1057
s 11 Wilful damage
(1) Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000 who intentionally—
(a) damages any property; or
(b) sets on fire any tree or other vegetation.
(2) For the purposes of subsection (1), a person does an act intentionally if he does it intentionally or recklessly, and without lawful justification or excuse or claim of right.
(3) The fact that the person charged had an interest in the property at the material time shall not prevent his act constituting an offence against this section if he did it with intent to defraud or to cause loss to any other person.
(4) For the purposes of subsection (3), where any property is subject to any mortgage or charge, each of the parties to the mortgage or charge shall be deemed to have an interest in the property.
Claim of right – s 2 definition: “a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.
The belief can be wrong or unreasonable.
s 12 Acts endangering safety
Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000 who, in any public place, without reasonable excuse and in circumstances likely to cause injury,—
(a) places or makes any obstruction; or
(b) digs and leaves any hole; or
(c) removes any protective structure or any warning sign or device.
s 13 Things endangering safety
Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000 who, having in his care or under his control in any public place any thing (whether animate or inanimate) that in the absence of precaution or care is likely to cause injury, with reckless disregard for the safety of others and without reasonable excuse does anything to or with, or leaves, that thing.
13A Possession of knives
(1) Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000 who, in any public place, without reasonable excuse, has any knife in his or her possession.
(2) On convicting any person of an offence against subsection (1), the court may order that the knife be forfeited to the Crown.
Recent case: Carpenter v R [2014] NZHC 892
As to reasonable excuse and self defence see Thompson v Police 6 May 1996, Tipping J, High Court, Invercargill A.P. No.35/96 (from page 6)
As to reasonable excuse and onus of proof see R v Gorrie [2007] NZCA 144, [2008] 3 NZLR 620, (2007) 24 CRNZ 39 – if evidential basis for a reasonable excuse then it is for the Crown to exclude it beyond reasonable doubt.