New Zealand Law/System/Transport Ministry v Payn

Transport Ministry v Payn (1977) CA


 * Drunk P had an accident with  a  parked car, walked  to his nearby home and started drinking
 * Police showed up and asked for a  breath  test, but he  told them to leave
 * Police got instructions and came back, asked again and proceeded to arrest him
 * Second visit was a trespass, since they were speciﬁcally told not to come
 * Did the Transport Act permit  trespass  for   it’s enforcement?

Held:
 * 1) Act was silent on this matter
 * 2) The right of quiet enjoyment of property is important
 * 3) Second visit was illegal