Reasons — judge-alone trial — intentionally failing to comply with orders — public gathering — Covid-19 — global pandemic — identification of defendant — dismissal of charge — "recreation" — “gathering” — “fellow resident” — COVID-19 Public Health Response Act 2020, ss 23 & 26 — Criminal Procedure Act 2011, s 147 — New Zealand Bill of Rights Act 1990, s 18 — COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) 2021, cls 2, 4, 15, 16, 17 & 21(1). The defendant faced a charge of intentionally failing to comply with Covid-19 public health regulations. He was alleged to have attended an outdoor gathering aimed at protesting the New Zealand government's Covid restrictions. The prosecution submitted that New Zealand was under an alert level 4 at the time, and outdoor gatherings and non-essential travel were banned. The prosecution submitted further that the defendant had been arrested after refusing to comply with police directions to leave the area. The arrested person, who the police alleged was the defendant, had refused to provide police with his personal details, so the police had to search him to find documents that identified him as the defendant. The Court examined the Covid public health legislation. The legislation provided that during an alert level 4 people had to remain at home, with a range of exceptions including to undertake exercise or recreation. The Court considered that there were several weaknesses in the prosecution case. An alert level 4 had been declared some two weeks before the alleged offending, but it was unclear whether it was still in force when the protest took place. The prosecution case provided no evidence that the person who had been arrested was in fact the defendant. There was also no evidence that the arrested person had been standing closer than two metres to other people in the protest. The charge was unable to be proved, and therefore it was dismissed. Judgment Date: 28 March 2023