Quake burglar convicted under Civil Defence Emergency Act

A burglar caught lurking inside central Christchurch's earthquake no-go zone has been convicted under the Civil Defence Emergency Act.

Toby John Richards, 27, was caught in Hereford St inside the police cordon, at 2.55am this morning.

Richards is a convicted burglar recently released from prison where he has served a sentence for a string of nine burglaries last year.

Police said there was no evidence he had been looting but Judge Michael Radford said with his history it was a natural suspicion.

Defence counsel Shannon-Leigh Litt said Richards and his co-accused Lyall Hetariki did not know there was a cordon in place.

"If that is the case you must be one of the few people in New Zealand unaware of that and I don't accept it,'' said the judge.

The judge said Richards must have been able to notice the lack of traffic.

"The suspicion is of course, because you have a large number of convictions for burglary - nine in 2009 - is that you were up to no good. Police have not been able to ascertain that you were doing otherwise.''

Litt said Richards was "upset" from the earthquake and also from losing a friend in the Fox Glacier plane crash.

He admitted it was "a stupid thing to do", she said.

In his favour, he did not have any similar offending in his past, she said.

"I doubt anyone in New Zealand has," the judge said, referring to the unusual charge for breaching section 88 of the Civil Defence Emergency Act.

The section gives powers to police to prohibit access to public places when a state of emergency is in force.

The maximum penalty is three months in prison and or up to a $5000 fine.

The judge rejected the suggestion of a discharge without conviction.

The authorities were doing their best in the face of considerable adversity to protect people and make sure the city was doing the best it could.

"They don't need foolish people like yourself. Their job is hard enough as it is.''

Richards was convicted and sentenced to 40 hours community service.

Hetariki was released on bail without plea to reappear on September 30.

- © Fairfax NZ News