Legal Matters

I've started an initial draft of an information brochure as discussed in one of the other threads.

The key objective is to keep it simple, clear and concise.

The key point is "It's OK to be naked in NZ".

Thoughts, feedback?

The wording is:

Those people are naked on the beach!

It’s OK. Their rights are protected by the Bill of Human Rights (1990) in NZ.

But that person is walking naked on the trail!

It’s OK. Unless a person is drunk or behaving in a threatening or lewd manner no offence is taking place.

“

The High Court in New Zealand has several times concluded that people who are simply naked while on the beach, cycling on a quiet road, or tramping in the bush, are not committing a crime.” (https://www.nzherald.co.nz/nz/kevin-sampson-public-nakedness-a-good-idea/)

Surely there’s laws against it!

A person whose intention is limited to going about their lawful business while naked will not be guilty of any offence under NZ law.

Section 125, Crimes Act, 1961:  Indecent act in public place doesn’t apply in cases of simple public nudity because being naked is not, by definition, an act.

For this charge to succeed there has to have been an indecent act performed such as masturbating in view of the public.

Section 27, Summary Offences Act 1981:  Indecent exposure only applies to intentionally and obscenely exposing any part of his or her genitals.

Obscenity requires some element of lewdness or lasciviousness, so this charge is regarded as inappropriate for a case of mere nakedness.  However, lewd acts of a sexual nature would certainly fit in this category.

Section 4, Summary Offences Act 1981:  Offensive behaviour or language requires police to prove an offender disrupted public order so much that other members of the public were unable to go about their normal activities in that public place.

A naked person on a beach or walking track isn’t obstructing other people going about their normal activities.

But there’s kids that might see a naked adult!!!

It is common for people to believe they must “protect” children from seeing a naked adult.  The fact is that there is no empirical evidence to suggest that this is in any way harmful to children.  In fact, there is plenty of evidence to suggest that nakedness is beneficial to children, enhancing body-positivity, self-worth and acceptance.

The Ceramalus V Police (Unreported, High Court, Auckland, Tomkins J, 8 July 1991, AP76/91) centred on naked sunbathing on a beach occupied by a large group of children, some within 10 meters.

The court couldn’t prove evidence of a deliberate intent to offend, establishing that mere nudity in the presence of children is not an offence.

It’s OK to be naked in New Zealand.