Auckland council advise on nudity in regional parks
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
If offensive behaviour, obscene or indecent exposure advise customer to call the police.“
This response doesn’t exactly address the specific question I asked, but let’s look at what it does say.
Firstly “there is no specific law against nudity in New Zealand” which means that by default nudity is OK in NZ.
Auckland Regional parks are in NZ, so by default, nudity is OK in Auckland regional parks. Two examples of nudity are provided. One in a regional park, the other not a regional park. “Pōhutukawa Bay in Long Bay Regional Park, and also Ladies Bay near St Heliers”
My letter outlined the specifics of the next statement with far more clarity.
“there is a law against obscene or indecent exposure, and offensive and disorderly behaviour.”
Rather than quote what already exists as excellent guidance to police, https://www.haurakinaturally.nz/police-guidance, I’ll summarise by saying that the guidance clearly establishes that the high courts in NZ have excluded mere nudity as offensive.
In the instance that “offensive behaviour, obscene or indecent exposure advise customer to call the police”; the police guidance document has been sent by the police commissioner to all district police chiefs.
So bottom line is, if you’re naked in a regional park, not acting in a manner intended to offend others, such as performing a lewd act. Based on all the information we have, if merely naked, you won’t be breaking any laws.
Remember nudity itself isn’t an act. What you do when naked is. Walking isn’t an offence. Acting in a threatening manner that stops others going about their normal business is likely to be considered disorderly behaviour.
If you’re within the boundaries of the law, the worse that might happen is that somebody phones the police.
The chances of attendance are extremely low unless you’re disturbing the peace or acting in a threatening or lewd manner.
In the event police do show up, unless you have been performing a lewd act, at worse they’ll have a conversation where you can refer them to the police guidance.
Watch this space as this isn’t done with yet.
Yes - well written.
Also - yes to your comment regarding the Family Court . . . . . . I spent 4 years 3 months with that terrible system . . . . . . .
My answer and solution to the potential difficulties with living our lifestyle in public ; for Us to be very public ! ! ! ! Be Proud - and openly walk / run / gather on a beach etc. The more that We hide away, the more that the balance of power and control swings against Us . . . . . . ! !
" Use It or Lose It "