In Taueki v R the Supreme Court of New Zealand considered the meaning of the phrase "in peaceable possession" as it relates to the Crimes Act 1961 justification for the use of reasonable force to defend property from trespass.

Accordingly, power boats are allowed on the lake only in specific circumstances and with express approval from the board – a requirement flouted for so long, according to Taueki, that many club members are not even aware of it.

Taueki had also been given "authority of the Trust to ensure that the bylaws were complied with and, in particular, that boats going on the lake were washed down and did not cause further contamination".

[6] At trial in the District Court, Taueki attempted to use section 56 of the Crimes Act 1961 to justify his assault on the club member in the boat: s 56 Defence of land or building (1) Every one in peaceable possession of any land or building, and every one lawfully assisting him or acting by his authority, is justified in using reasonable force to prevent any person from trespassing on the land or building or to remove him therefrom, if he does not strike or do bodily harm to that person.Taueki was convicted of assault in the District Court and had his appeal dismissed in the Court of Appeal.

In brief, it is possession obtained and maintained before the employment of the physical force the use of which the person seeks to justify.

Nor is there any evidence that Mr Taueki had asserted or was exercising any actual control over the part of the domain in front of the clubhouse.

[10] In addition, the Court held that a defendant could not rely on a mistaken belief as to whether they were in peaceable possession of the land or whether the other party was trespassing.