Council to crack
down on nudity

The laws of the land may have difficulty stopping people sunbathing nude on Takapuna beaches, but the city council's by-laws have more control.

And next year the council intends to employ a beach warden to enforce public modesty and to crack down on commercial use of the beaches.

Police rarely make arrests against ordinary nudity as the law is not particularly clear.

However the council's by-laws aim have some powers of control, it was reported to the March parks and recreation committee.

Listed under NZS 9201 chapter 19 as an offence is "no person shall, be or remain upon any part of a beach in view of other persons unless properly and sufficiently clad."

City inspector Peter Moorcroft reported to the committee that council was receiving a growing number of complaints in this regard and it would seem to be up to the council to enforce a better standard of dress.

The council's General By-law NZS 9201, chapter 19, Beaches and Bathing Control, contains clause 1910 Obstruction to Bathers which states:

"Except with the permission of the local authority no person shall on any beach: "Sell or hire or expose for sale or hire any buoyant apparatus or appliance for use in the water including boats and vessels as defined in the Harbours Act 1950 or use any such apparatus or appliance so as to create or be likely to create a danger or an inconvenience to any user of any beach."

"This, in my opinion, is clear and requires no clarification," Mr Moor- croft said.

Prosecuting offenders would require particulars to he gathered, names and addresses of those people involved so the information can be sworn, and it would be necessary to establish that the equipment was in fact being hired by a particular person.

"The person required I think should be the ex-policeman type used to dealing with the public and taking prosecutions, who could liaise with the harbour board in regard to the dangerous use of craft on the water," Mr Moorcroft said.

Mr Moorcroft later told the NSTA that the by-law - enforced by the council and not by the police - is not enforced at present because the. council does not have anyone on the beach to do so.

But, be says, this is the first year the council has had complaints about nudity.

Next year the council will have enforcement. The committee accepted Mr Moorcroft's recommendation that a beach warden with the responsibility of patrolling the Takapuna city beaches to enforce council by-laws will be employed for the 1986-87 summer season. The warden will be on the job from Labour Weekend until Easter.

But nudity will only be one of the warden's responsibilities.

He or she will be enforcing the council's by-laws which ban any commercial use of the beach, dangerous boats etc. dogs and any other problems.

1/4/86

Law covers nude bodies

Those who bare all on North Shore beaches can rest assured they are covered by the law.

Nudity is definitely legal, say police who are frustrated at a number of calls from people claiming offence at bare bottoms on beaches

17/3/86

In fact, anyone may walk naked down Takapuna's main street if the desire so takes them, without risking prosecution.

The Summary Offences Act 1981 says a person may only be prosecuted if there is "intentional and obscene exposure of his or her genitals" in public.

The definition automatically excludes breasts and pubic hair, so topless sunbathers are within their rights. Accidental exposure or mere nudity don't constitute offences, either.

To be obscene, exposure of genitals must be likely to arouse feelings of resentment or revulsion in the average citizen.

Sergeant Tony Lancaster says there are people living close to Shore beaches who are upset by nude sunbathers.

Those who take their children for a stroll may also be uncomfortable when confronted by naked bodies in the sand.

However, they must realise that complaining to the police will produce no results because the "offenders" are not breaking the law, says Mr Lancaster.

Some beaches are gaining reputations for bathers with all-over tans, and he can only advise anyone likely to be offended to stay away.

Special police beach patrols have concentrated on all East Coast Bays beaches throughout the summer.

Only one arrest was made for indecent exposure.

Residents' concern at nude bathing on Clifton Beach prompted a letter to the Takapuna City Council, which received a reply from police at the council's policy and finance committee meeting last week.

The letter outlined the law and assured irate residents there appeared to be no justification for police interference.

Beach
nudity

Some further explanation and comment is required on the subject of nudity on public beaches following your front page article (NSTA, March 11).

The summary of the law in the article is just a little incomplete so lest there be some misinterpretation of the article, I would make the following points:

1) It may not be assumed for example that anyone may walk naked down Takapuna's main street without risking prosecution.

In fact there would be a very real prospect of prosecution, depending of course on the time of day and who else was present at the time.

2) Two sections of the Summary Offences Act 1981 are normally considered when a complaint of public nudity is received.

These are Section 4, which relates to offensive behaviour, and Section 27, dealing with obscene exposure.

3) In more serious cases involving indecent sexual acts being performed, Section 125 of the Crimes Act 1961 is also available which provides for heavier penalties

4) The High Court has considered the term "offensive behaviour" as it relates to nude sunbathing and has prescribed a test to be applied.

This test is - "the offensive behaviour must be such as is likely to arouse feelings of resentment or revulsion in persons whose views are representative of the community having regard to the time and the place and the circumstances of the behaviour".

5) The offence of obscene exposure requires proof of an intention to expose the genitals but once again the surrounding circumstances must be considered.

6) The result is that nudists do not have carte blanche to appear naked on public beaches.

On the other hand, the fact that a complaint has been made does not automatically mean prosecution will follow. What will determine the attitude of the police following a complaint of nudity at a public beach (or in any public place), will be the total circumstances gauged by contemporary standards.

7) It must be remembered also that although some naked sunbathers have adopted certain public beaches as their own, the beaches are still 'public' beaches and available to the general public as a whole.

Those who might be offended by public nudity are just as entitled to be on the beach as anyone else.

Ultimately however, it will be the complete picture which has to be assessed when considering any complaint relating to such a breach, and this will include a consideration of the circumstances surrounding any confrontation and whether the complaint is bonfide.

8) If the Police decide a complaint is justified and there is a breach of one of the two relevant sections of the Summary Offences Act, they still have a discretion as to whether to prosecute or not.

For example, depending on the circumstances, a warning may be all that is required if the person complained of agrees to cover up, or to depart.

You can see, therefore, that we have not reached the situation where it can be categorically stated that public nudity is no offence although it must be admitted that contemporary standards are certainly more liberal now than they were in the past.

I trust the above clarifies the situation.

B. R. DAVIES

Assistant Commissioner
of Police.

1/4/86