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''Brooker v Police'' was a case in the Supreme Court of New Zealand that concerned the meaning of "behaves in () disorderly manner" under section 4(1)(a) of the Summary Offences Act 1981 in light of s 14 of the New Zealand Bill of Rights Act 1990 which protects freedom of expression.〔''Brooker v Police'' () NZSC 30 at ().〕 The majority of the Supreme Court overturned the previous test for disorderly behaviour "which found the offence proven where behaviour was so annoying that "right-thinking members of the public" could not be expected to tolerate it"; and set aside Allistair Brooker's conviction for disorderly behaviour. Justices McGrath and Tipping in the minority argued that the right to freedom of expression should be balanced against a citizen's right to privacy in their own home. ==Background== On Tuesday 18 March 2003 at about 9:20am Allistair Brooker went to the home of a Greymouth Police Constable Fiona Croft, "believing that he had been the subject of harassment over a number of years by the police, and by Constable Croft in particular".〔''Brooker v Police'' () NZSC 30 at ().〕 Brooker had decided to stage a protest, and Having tried to contact her at work, he went to her home, knowing that she had been on night duty and was likely to be there. He parked his car on the grass verge outside her front fence, walked onto the property and knocked on the front door. After about three minutes the constable came to the door. He suggested to her that she did not like being woken up, and she told him to “piss off”. He withdrew to the street and began his protest outside her front fence. He had with him a square metre placard on which was written “No more bogus warrants” and which he lent against the fence. He then began playing his guitar and singing in what the trial Judge described as a “relatively” loud voice.〔''Brooker v Police'' () NZSC 30 at ().〕 Constable Croft rang the police station, gave evidence that she was intimidated by the protest and within minutes police officers had arrived at the house.〔''Brooker v Police'' () NZSC 30 at ().〕 The senior police officer told Brooker he had one minute to leave or "he would be arrested for intimidation".〔''Brooker v Police'' () NZSC 30 at ().〕 Brooker put his guitar and placard in his car, parked it on the opposite side of the road, and "returned to the inspector with his hands held out in the form of an invitation to the inspector to arrest and handcuff him. He was duly arrested for intimidation."〔''Brooker v Police'' () NZSC 30 at ().〕 In the District Court, the judge considered that there was insufficient evidence of intent to intimidate and the charge was amended to one of behaving in a disorderly manner contrary to s 4(1)(a) of the Summary Offences Act 1981.〔''Brooker v Police'' () NZSC 30 at ().〕 On that count of disorderly behaviour Brooker was found guilty and his appeal to the High Court was dismissed.〔''Brooker v Police'' () NZSC 30 at ()-().〕 Brookers appeal to the Court of Appeal was also dismissed.〔''Brooker v Police'' () NZSC 30 at ().〕 Brooker appealed to the Supreme Court.〔''Brooker v Police'' () NZSC 30 at ().〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Brooker v Police」の詳細全文を読む スポンサード リンク
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