As some members might know, I wrote to Auckland Council to understand what advice and guidance is given to park rangers regarding naturism in Regional parks. Prompted by the following situation (http://wix.to/dmPOgCg?ref=2_m_cl)
The response arrived yesterday as follows:
“We can advise there is no specific law against nudity in New Zealand, however there is a law against obscene or indecent exposure, and offensive and disorderly behaviour.
Members of the public may encounter nude bathers at Pōhutukawa Bay in Long Bay Regional Park, and also Ladies Bay near St Heliers, where these is signage advising the public.
For more information on nudity in New Zealand please see the link below for the Citizens Advice Bureau:
https://www.cab.org.nz/article/KB00001902
Police V Dunn. Invercargill; Feb 2025.
Mr Dunn a naturist was doing a jog naked on the Daffodil Bay hiking trail about 10am in Invercargill. A lone female was also on the trail when Mr Dunn was observed running towards her naked.
She also happened to be an off duty police officer.
She turned away as he ran past which left her very alarmed and shocked.
A pending criminal case was appealed and found in Mr Dunns favor and case was dismissed.
There were 2 hikes he did naked on different days. The court case only involved one of the days.
Legal precedent was used and the Pointon case; Ceramulus case; Lowe case; Bonner case and the Bill of Rights were used to support the judges decision. Lots of precedent. Also "freedom of expression' was given weight based on being a naturist as a valid form of public expression.
In other words nudists do have some rights in expressing themselves in public naked. Mr Dunn has some right to enjoy nudity in public as well as the complainant has the right to return to use the trail clothed or unclothed [ my words ]. I havent seen the phrase freedom of expression used as a defence until now.
How come a police officer could claim fright and shock seeing a naked man.