Sentencing — breaching a bylaw — entering a closed part of a park — ownership of land — kauri dieback disease — Local Government Act 2002, s 239 — Railways Act 2005, s 85 — Resource Management Act 1991 — Sentencing Act 2002, s 7 — Auckland Council Public Safety and Nuisance Bylaw 2013, cl 9(5)(a) — Machinery Movers Ltd v Auckland Regional Council [1994] 1 NZLR 492 — Livingstone v Department of Conservation HC Rotorua CRI-2008-463-62, 19 August 2009 — Lawrie v Department of Conservation HC Napier CRI-2006-441-28, 27 July 2006 — Parlane v Waipa District Council [2005] NZAR 589 (HC) — Waitakere City Council v Poulton DC Auckland CRI-2007-090-9589, 4 April 2008 — Green v Watercare Services Ltd [2012] NZHC 2308 — Moi Farms (Maimai) Ltd v Department of Conservation [2011] NZAR 694 — Selwyn Mews Ltd v Auckland City Council HC Auckland CRI-2003-404-159, 30 April 2004. The defendant appeared for sentence on three charges of breaching a bylaw by entering a closed part of a park. On three separate occasions, the defendant had gone into an area of the Waitākere Ranges Regional Park that had been closed to prevent the spread of kauri dieback disease. In doing so the defendant had ignored warnings from a council official, as well as prominent signs stating that the area was closed to the public. At trial the defendant had argued that the prosecutor had no authority to close the part of the park where he had walked, because it had no interest in the land. The Court had rejected this argument, along with arguments that the signs were wrong and that there were no kauri in the area in question. The Court set a start point of a $3000 fine for each charge, citing the need to deter this type of offending. With discounts for guilty pleas (on one charge), otherwise good character and service to the community, the total fine was $5700 plus costs of $130. Judgment Date: 21 May 2021