LAWS101A Sample
Question 1: SIMPS at Sea
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FACT SCENARIO
In the leadup to the Easter holiday weekend on 8–9 April 2023, prominent talkback radio and television host Mick Koshing had been stirring up debate over a controversial new law pushed through Parliament by Prime Minister Chris Hixon, which extended the already-strict Easter alcohol laws to impose a complete nationwide public liquor ban during the holiday.
Some impassioned local beer enthusiasts in the Coromandel (a peninsula in the North Island) decided to take action. Knowing that Hixon was planning to spend the weekend onboard a luxury yacht in Boozey Bay (a small bay in the Coromandel), Greg, Gary and Gordon set out on Saturday morning in three kayaks laden with plenty of beer, whitebait fritters, and mince pies. When they spotted the yacht, they paddled towards it before tying the kayaks together to form a makeshift raft. Greg erected a series of homemade signs which read:
“WANT OUR BEERS? COME AND TAKE ‘EM!”
“HIXON STINKS – I HOPE HE SINKS”
“QUIT THE CRUISE, HANDS OFF OUR BOOZE!”
By the afternoon, the lads were getting bored of just shouting slogans and drinking beer, so they started paddling closer to the yacht. Once they got close enough to see Hixon sitting on the deck, Gary started passionately performing a haka to wero (challenge) Hixon. When he saw Hixon filming him on his smartphone and laughing, Gary became angry and picked up an empty beer bottle, hurling it at the yacht. The bottle smashed against the hull, causing no damage.
At this point, a Police boat appeared and pulled up alongside the kayak raft, preparing to arrest the group. Gordon, frustrated by the Police intervention, shouted to one of the constables on the deck of the Police boat, “Have a beer mate, it’ll help you chill out a bit,” and tossed him a full bottle. The constable didn’t catch the beer and it shattered on the deck, spreading glass everywhere. Shortly after, Greg cut his foot badly on a shard of glass as he was being hauled onto the Police boat.
The Police are considering charging Greg, Gary and Gordon with offences under the SIMP Act. Advise the Police.
and picked up an empty beer bottle, hurling it at the yacht. The bottle smashed against the hull, causing no damage.
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At this point, a Police boat appeared and pulled up alongside the kayak raft, preparing to arrest the group. Gordon, frustrated by the Police intervention, shouted to one of the constables on the deck of the Police boat, “Have a beer mate, it’ll help you chill out a bit,” and tossed him a full bottle. The constable didn’t catch the beer and it shattered on the deck, spreading glass everywhere. Shortly after, Greg cut his foot badly on a shard of glass as he was being hauled onto the Police boat.
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The Police are considering charging Greg, Gary and Gordon with offences under the SIMP Act. Advise the Police.
Suppression of Illegal Maritime Protests Act 2004 (SIMP Act)
1. Short title and commencement
1. This Act may be cited as the Suppression of Illegal Maritime Protests Act 2004.
2. This Act comes into force on 1 January 2005.
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2. Interpretation
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In this Act, unless the context otherwise requires:
maritime protest means any act of protest or civil disobedience which occurs–
a) within New Zealand’s territorial waters; or
b) on any beach or tidal estuary or other coastal area within New Zealand; or
c) on any marine vessel within New Zealand’s territorial waters or harboured in any New Zealand port.
prohibited protest activity–
a) means violent, threatening, or similarly antisocial conduct carried out in the course of a maritime protest; and
b) includes physical acts, gestures, and speech.
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3. Purpose
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The purposes of this Act are:
1. To ensure that maritime protests remain peaceful; and
2. To prevent violent, threatening, or similarly antisocial behaviour from undermining the safety and security of New Zealand’s territorial waters, ports, and coastal areas.
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4. Offence
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1. A person commits an offence and is liable on conviction to a fine not exceeding $50,000 or to a period of imprisonment not exceeding 10 years who, in the course of any maritime protest, engages in prohibited protest activity which–
a) causes injury to the person of another; or
b) threatens in any way the national security of New Zealand.
2. A person commits an offence and is liable on conviction to a fine not exceeding $10,000 or to a period of imprisonment not exceeding 2 years who, in the course of any maritime protest, engages in prohibited protest activity which is likely to cause another person reasonably to be frightened or intimidated.
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