Govt to amend Waihopai defence law

The damaged dome at Waihopai. File photo / Tim Cuff

The Government will amend the "claim of right" defence which was successfully used in court by the men who entered the Waihopai spy base near Blenheim and damaged equipment.

In March three men, Peter Murnane, Sam Land and Adrian Leason, admitted attacking the base but were acquitted after it was argued they were driven by a belief that the station caused human suffering and their actions were lawful.

The case sparked concerns by the Government that the law was being used in a way Parliament didn't intend when it was first enacted, and the Solicitor-General recommended in April that Justice Minister Simon Power review it.

Mr Power said today Cabinet had agreed to amend the claim of right defence so only those who believed they had a personal interest in the property concerned could use it.

"As the law stands, defendants charged with certain property offences can use the defence if they genuinely believe their actions are lawful," Mr Power said.

"But it's clear that the defence was not intended to be used to excuse people who take or damage property who are not claiming a personal property right, as in the Waihopai case."

Mr Power said he asked the Ministry of Justice to explore five reform options which best fitted New Zealand's legal framework, and that adding a property right criterion was the preferred one.

"Adding a property right criterion means the defence will be available only to defendants who believed they have a proprietary or possessory right in the property involved."

- NZPA