Property rights vs BORA

November 9, 2011

Property rights have met BORA in Dunedin’s Octagon and property rights have lost.

Police have refused to enforce the Dunedin City Council’s trespass notice against the protesters in the Octagon:

Police had been considering their legal position for the past week, but Insp Sparrow yesterday concluded the trespass notices did not meet “the test of balancing the rights and freedoms of all parties”.

What about the rights of other people to use the green space being occupied by the protesters?

What about the council’s right to object to rubbish and human waste on public space?

What about the rights of the council to determine what can happen on the land it owns and is responsible for on behalf of the whole community?

Mayor Dave Cull is considering other legal options.

He told the Otago Daily Times he was “disappointed” at the time police had taken to reach their conclusion, and by their decision not to enforce “legitimate” council bylaws.

“We are completely at a loss to know where the lack of enforceability might begin or end.

“It makes one wonder just what the police will enforce in our community and what they won’t. Is it up to them to decide what the law is, or can we rely on our laws and bylaws?

“It leaves us wondering, I guess, whether we can rely on backup for the community’s interests.”

The council isn’t saying the people can’t protest, it’s just saying they can’t protest in this manner in this place.

The ODT opines:

The police’s reluctance to act on the trespass order raises an interesting question. If they take no action against breaches of the reserves and camping control bylaws, might they also hold back on enforcing breaches of other bylaws?

Indeed, which would they uphold and which would they not?

And what would happen if the protest was taking place on private land?

Property rights aren’t absolute. But are they  all, including the right to exclusive use and peaceful enjoyment of your own land, subservient to the Bill of rights?


EFA Opponents’ Court Bid Fails

June 21, 2008

The bid for a judicial review of the Attorney General’s decision not to raise BIll of Rights issues in the EFA when it was considered by Parliament, has been struck out by the High Court.

Update: Kiwiblog has a fuller report and response.


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