Reasons Judgment of Radich J (High Court of New Zealand Wellington Registry)

Ms Olsen is involved with the climate change protest group Restore Passenger Rail (RPR). She believes the New Zealand Government has failed to reduce greenhouse gas emissions adequately, and that other means of political activity to address the issue have failed to prompt the necessary action. The group seeks better passenger rail services within Aotearoa New Zealand and has taken to protesting on significant roadways. 

On April 17, 2023, during morning rush hour, Ms Olsen allegedly took part in a protest blocking access to State Highway One in Wellington by endeavouring to glue her hand to the motorway with super glue. This alleged conduct resulted in Ms Olsen being charged with being a pedestrian on a motorway and, separately, endangering transport. Ms Olsen was released on ordinary bail, subject to conditions including not returning to Wellington, and not to encourage any illegal protest activity related to RPR. 

Ms Olsen breached the terms of her bail by going to Wellington and allegedly participating in another protest blocking a main road in Wellington by gluing her hand to the road on April 20, 2023. The alleged conduct gave rise to a further charge of endangering transport. Ms Olsen was again released on ordinary bail. Subsequently, Ms Olsen breached the terms of her bail and went to Wellington, and it is alleged that on September 4, 2023, she attempted to cement her hand on the road to block traffic. Ms Olsen was charged, but this time the District Court “reluctantly” declined her bail, in large part due to a significant risk of reoffending while on bail, including because the Judge found that Ms Olsen had “demonstrated that she believes her cause justifies breaching the law”. 

Ms Olsen appealed the District Court judgment. It was submitted that the Judge erred in failing to consider the importance of the climate emergency (in which RPR are trying to address), and failing to consider the historical importance of protest and of the right to protest. The District Court Judge did not refer to climate change or the right to protest in rights terms explicitly. 

The High Court accepted the risks and dangers of climate change and the international obligations New Zealand owes to try and address it. The Court further accepted that a citizen’s right to protest is fundamental, and, as with all rights under the New Zealand Bill of Rights Act 1990, must be interpreted purposively (referencing Penwarden v R, a bail appeal relating to one of Ms Olsen’s alleged fellow protesters). However, while accepting on the face of it that the District Court Judge did not refer to climate change or to the right to protest in rights terms, Radich J found it was sufficiently clear that he took into account the fact that Ms Olsen was exercising a right to protest at the time of which she breached the conditions of her bail and of her subsequent arrest ([37]). 

Due to changed circumstances since the District Court hearing, the appeal was allowed (the circumstances being potential loss of job ([43]), and that a number of safety precautions had been taken before the alleged offending ([45]).

Olsen v Police

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Olsen v Police - judgment

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Financial support to help individuals manage the effects of unexpected events, securing their livelihoods and increasing the resilience of people and businesses to the changing climate. It’s especially vital in developing regions where everyday risks, climate-related weather extremes, or crop failures can push people into poverty. Without insurance, people may have to resort to selling assets or cutting consumption to cope with losses.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

Social protection systems consist of policies that help people manage social risks in order to prevent poverty and maintain decent incomes and living standards

This sector involves activities to move goods and people, alongside the storage of products.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Ms Olsen is involved with the climate change protest group Restore Passenger Rail (RPR). She believes the New Zealand Government has failed to reduce greenhouse gas emissions adequately, and that other means of political activity to address the issue have failed to prompt the necessary action. The group seeks better passenger rail services within Aotearoa New Zealand and has taken to protesting on significant roadways. 

On April 17, 2023, during morning rush hour, Ms Olsen allegedly took part in a protest blocking access to State Highway One in Wellington by endeavouring to glue her hand to the motorway with super glue. This alleged conduct resulted in Ms Olsen being charged with being a pedestrian on a motorway and, separately, endangering transport. Ms Olsen was released on ordinary bail, subject to conditions including not returning to Wellington, and not to encourage any illegal protest activity related to RPR. 

Ms Olsen breached the terms of her bail by going to Wellington and allegedly participating in another protest blocking a main road in Wellington by gluing her hand to the road on April 20, 2023. The alleged conduct gave rise to a further charge of endangering transport. Ms Olsen was again released on ordinary bail. Subsequently, Ms Olsen breached the terms of her bail and went to Wellington, and it is alleged that on September 4, 2023, she attempted to cement her hand on the road to block traffic. Ms Olsen was charged, but this time the District Court “reluctantly” declined her bail, in large part due to a significant risk of reoffending while on bail, including because the Judge found that Ms Olsen had “demonstrated that she believes her cause justifies breaching the law”. 

Ms Olsen appealed the District Court judgment. It was submitted that the Judge erred in failing to consider the importance of the climate emergency (in which RPR are trying to address), and failing to consider the historical importance of protest and of the right to protest. The District Court Judge did not refer to climate change or the right to protest in rights terms explicitly. 

The High Court accepted the risks and dangers of climate change and the international obligations New Zealand owes to try and address it. The Court further accepted that a citizen’s right to protest is fundamental, and, as with all rights under the New Zealand Bill of Rights Act 1990, must be interpreted purposively (referencing Penwarden v R, a bail appeal relating to one of Ms Olsen’s alleged fellow protesters). However, while accepting on the face of it that the District Court Judge did not refer to climate change or to the right to protest in rights terms, Radich J found it was sufficiently clear that he took into account the fact that Ms Olsen was exercising a right to protest at the time of which she breached the conditions of her bail and of her subsequent arrest ([37]). 

Due to changed circumstances since the District Court hearing, the appeal was allowed (the circumstances being potential loss of job ([43]), and that a number of safety precautions had been taken before the alleged offending ([45]). 

Olsen v Police - judgment

Policy instrument

Just transition

Greenhouse gas

Economic sector

Finance