A Napier beggar has been convicted of wilful trespass after he was found at Marewa's Central Medical Centre in breach of a trespass warning.
Dominic McLaren, 21, appeared in the Napier District Court today and pleaded guilty to one charge of wilful trespass but disputed smoking an unknown substance and spitting at the public as noted in the summary of facts.
The court heard he was found with a group of people in the medical centre's alcove on August 12, some of whom were smoking and spitting.
McLaren said he wasn't doing either of those things and was only in the sheltered alcove because it was raining and his feet were bare.
"This fellow in a car pulled over and threw me some shoes in the doorway. I ran over just to put on the shoes," he said.
His defence lawyer James Rainger said his client was on a benefit and had addiction issues for which he was getting help from Whatever It Takes (WIT), a social service providing drug and alcohol counselling.
"He seems to be aware of where he can and can't go," Mr Rainger said.
Judge Bridget Mackintosh convicted and discharged McLaren, noting while he disputed smoking and spitting he accepted he shouldn't have been at the property.
"You're building up a few of these convictions now and you might just find next time there's something a lot more serious," she said.
McLaren's appearance comes just one day after a group of three beggars were due to appear for a judge-alone trial after being charged with breaching a Napier City Council bylaw that forbids soliciting for money without permission.
The charges were formally withdrawn in the Napier District Court yesterday, however the decision made by Napier City Council and police was briefly challenged by Judge Mackintosh who asked: "Is there a reason?"
Police prosecutor Sergeant John Ashfield confirmed the decision had been made after discussion between police and the council.
Earlier this month Napier Mayor Bill Dalton said the bylaw was not intended to be used for begging, adding that prosecuting beggars through the courts was just "clogging the system up with nonsense".
Most recently the council began issuing trespass notices to those sleeping in doorways and in any council-owned areas in response to Napier's growing population of beggars and homeless people.
Council community strategies manager Natasha Carswell said street patrols would issue warnings, followed by a trespass order if appropriate, if they came across people sleeping in or leaving unattended gear in the specified areas.
Police would then become involved if the trespass notice was ignored, she said.
The maximum penalty for wilful trespass is three months' imprisonment or a $1000 fine.