She said she had contacted Tararua Alliance about the electric fence and was told if there was no stock being grazed the fence should be taken down or turned off.
She said she preferred to walk her dog on the grass verge rather than on the road because of the traffic and the narrowness of the road.
"As I approached the fence I could see there was no stock there so I went back to my place and got an electric fence standard and pinned the fence down so we could get over it."
She told the court because of problems between the two of them in the past the Norsewood police officer Brent Wakelin had advised her to record all contact between them.
"I could see Beverley watching me. She came out of her cottage walking quite quickly with a stick in her hand. I could see her hurrying so I stopped. The next thing she yelled at me 'I've had enough of you.' She came toward me screaming at me. I started backing back.
"She was coming at me very aggressively telling me to get off her property. I said this is not your land. She was right in my face and she shoulder charged me and kept on saying get out of here.
"I was yelling at her saying you're attacking me, you're assaulting me. I said my dog could bite you and she said she'd kill him so now she's threatening to kill my dog."
Upson said just as she was leaving the fenced area Polkinghorne shoulder charged her again and she stumbled but didn't fall to the ground.
She said as she walked home she rang police.
"I told them Polkinghorne was still standing in her gateway and the police officer asked if I could video her as I walked past. I was also told to write down everything that had happened straight away."
Upson said she had in fact videoed the whole incident although her phone went off when she was pushed but she turned it on again.
Two days after the incident Upson had a patron at her hotel take a photograph of bruising to her shoulder.
Defence counsel Nicola Graham questioned why police were only made aware of the photograph the evening before the case went to court.
Upson said she had forgotten all about the photograph.
Graham asked why Upson didn't at any point back down.
"I did at the start, I walked backwards initially but after she hit me I chose to carry on toward her."
Judge Lance Rowe asked to rewatch part of the recordings.
When questioned Polkinghorne denied assaulting Upson.
"I asked her to get out of my way as I have before but she kept walking toward me. I asked her not to climb over or stand on my fence."
Asked why she approached Upson in the first place Polkinghorne said she once again wanted to ask her to stop interfering with her fence as it damaged it.
Prosecution witness Norman Atkins said while he did see some of the incident he didn't see any fisticuffs.
He said he was driving on his quad with his farm worker.
"I could see Bev storming down her driveway meaning business. I said to my worker it looks like it's going to be all on here.
"I could see Helen was forced back over the tape on to the road. I didn't interfere. They were working it out. No one was getting killed."
Judge Rowe said the case represented the culmination of discord between two people.
"This case is defined by the intractable view that they are both right. Neither side should reflect on their behaviour with any satisfaction."
He said the prosecution's case rested on the evidence of Upson and this was to an extent corroborated by witnesses and the video footage, although the video footage had its limitations because it was not a complete record.
Judge Rowe said he found Upson was not a reliable witness.
"Firstly you set out to provoke the defendant. You did not need to walk there. Secondly while you were advised to take notes of any contact between you, you were taking notes in an obsessive and intrusive way."
Judge Rowe said the video showed that Polkinghorne did lower her shoulder and made deliberate contact with Upson and it also showed Upson was pushed as she was leaving the fenced area.
"While assault was proved beyond reasonable doubt it was well short of a shoulder barge."
Graham said Polkinghorne no longer lived on the property.
She said the situation had been detrimental to Polkinghorne's mental health.
Judge Rowe said the case did not reflect well on either party.
"You both could have acted in a far better way."
He discharged Polkinghorne without conviction saying he did not consider the case warranted a punitive measure.
