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Decision to serve trespass notice in respect of Council's premises

Legislation:
Ombudsmen Act 1975
Related legislation:
Trespass Act 1980
Legislation display text:
Ss 13 and 22 Ombudsmen Act, s 4 Trespass Act
Agency:
District Council
Ombudsman:
David McGee
Issue date:
Format:
PDF,
Word
Language:
English

Summary

The Horowhenua District Council (HDC) issued a trespass notice against the complainant, Mr Philip Taueki, after he made offensive comments during submissions on its annual plan. He had left the premises voluntarily at the time, after the Mayor asked the Chief Executive to take steps to trespass him. The police subsequently served a trespass notice at the request of the HDC, banning him from the HDC premises for two years. Service was not effected until six days after the incident.

I have formed the final view that the HDC acted unreasonably and unjustly by failing to give Mr Taueki an opportunity to comment prior to service of the trespass notice.

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