Jump to content

New Zealand Law/System/Transport Ministry v Payn

Add links
From Wikiversity
This is a Wikiversity Law Report.

Transport Ministry v Payn (1977) CA

  • Drunk P had an accident with a parked car, walked to his nearby home and started drinking
  • Police showed up and asked for a breath test, but he told them to leave
  • Police got instructions and came back, asked again and proceeded to arrest him
  • Second visit was a trespass, since they were specifically told not to come
  • Did the Transport Act permit trespass for it’s enforcement?

Held:

  1. Act was silent on this matter
  2. The right of quiet enjoyment of property is important
  3. Second visit was illegal
Retrieved from "https://en.wikiversity.org/w/index.php?title=New_Zealand_Law/System/Transport_Ministry_v_Payn&oldid=1674985"