The lawyer for a woman accused of damaging an ex-All Black's driveway has slammed the police's case as "farcical".

Jazz singer Briar Susanne Ross, 66, has been in a dispute with Marc Ellis over the Waiheke driveway for months and was charged with causing intentional damage over an incident in May.

She appeared in Auckland District Court today where her lawyer Steve Cullen complained about "continuing moving goalposts".

He said the prosecution kept changing its story about what damage was caused, finally settling on a complaint over a 30-centimetre scrape in the ground caused by a digger.


"Mr Ellis says: 'say sorry and we'll stop prosecuting you'," Mr Cullen said.

"Is he running this prosecution?" Judge Grant Fraser asked.

Defence counsel suggested the only reason the charges had not been withdrawn was because of Ellis's "friends" in the police.

The police objected to that submission and the judge agreed it was "inappropriate".

The court also heard this morning police had decided against offering Ross diversion because she refused to accept the charge against her.

Judge Fraser said the criminal court was the wrong forum for the matter and was informed the case was also tracking through the civil jurisdiction.

Mr Cullen said there was not likely to be a mediation hearing this year.

If that did not resolve the disagreement it would have to go before the Disputes Tribunal.

"It's a waste of the court's time," he said.

Ross was remanded on bail until February and Judge Fraser ordered the police to provide particularised evidence of the damage for the defence.