Hopkinson v Police

Hopkinson v Police was a successful appeal by a protester convicted for the offence of burning the New Zealand flag with the intention of dishonouring it.

The protest was against the Australian Government's support for the United States-led invasion of Iraq.

[1] Judge Noble ruled that Hopkinson had deliberately disrespected the flag to gain attention as he "sought to add weight to the effects of the protest".

[4] Hopkinson appealed the conviction on the basis that the District Court had failed to correctly interpret the Flags, Emblems and Names Protection Act 1981 in a manner consistent with the right to freedom of expression and of peaceful assembly under ss 14 and 16 of the Bill of Rights Act 1990.

Justice Ellen France held, [81] Looking at the statutory scheme as a whole, there is some support for the respondent's view that there is just the one tenable meaning, namely, that adopted by the District Court Judge.