OF07 PUBLIC PLACE

Question 1

section 2(1) and (2) of the
Summary Offences Act 1981.

Answer 1

The definition of a ‘public place’

Question 2

Public place’ means:

Answer 2

A place that at any material time

is open to, or being used by the
public

Whether free or on payment of
a charge

And whether any owner or
occupier of the place is lawfully
entitled to exclude or eject that
person from that place…

And includes any:
• Aircraft
• Hovercraft
• Ship
• Ferry
• Other vessel
• Train
• Vehicle......

That is carrying or available to
carry passengers for reward

And includes the interior of any
vehicle which is in a public place

Question 3

A place that at any material time meaning

Answer 3

Any place at a given time

Question 4

Is open to, or being used by the

public meaning

Answer 4

Cornwall Park, Auckland on a Sunday afternoon is
open to anyone who wishes to go through it

A cinema that is screening a movie may have its
front doors shut and not be allowing any more
people into the theatre, but it is still a public place
because it is being used by the public

Question 5

Whether free or on payment of

a charge meaning

Answer 5

A free concert held in the Wellington Town Hall is
a public place

Mt Smart Stadium when the Warriors are playing
an NRL game. Even though patrons have bought a
ticket the stadium reamains public place

Question 6

And whether any owner or
occupier of the place is lawfully
entitled to exclude or eject that
person from that place… meaning

Answer 6

The owner of a restaurant is within their rights to
exclude or eject anyone who does not reach the
restaurant’s dress standards. The restaurant still
remains a public place even though some people
could be excluded

The shop assistant of Just Jeans in North City Plaza
is the occupier when she has been left in charge
over the lunch break