FREE BEACH News

September - October, 1994

FREE BEACH GROUP Inc

PO Box 41-171   St LUKES   AUCKLAND 3

Subscriptions

Subscriptions for 1994/95 are now due.

The 1994 AGM set the subscriptions at $20 per membership unit, which is less than the $25 proposed in the last newsletter.*

Now for the good news!

All subscriptions received before the end of November will go into a draw for a prize ... the refund of a $20 subscription, PLUS a FREE one years subscription to the new Naturist Life magazine.

Renewal forms are included with this newsletter. If you study the label on the envelope, you will note a 94 or 95 at the right hand end. This tells you whether you have paid for the 1993/94 or 1994/95 year. In other words, if your label shows 94, your subscription is due now. Life members do not pay a subscription, but returned yellow forms will go into the draw for the Free years subscription to Naturist Life NZ.

New members who joined during the last few months will have paid only $15, so we would appreciate receiving the extra $5.

The new membership cards will show the date members joined the Free Beach Group, so it would be very helpful if you could add this to the form. This information has not been retained on the database for many members.

We have also provided a space for donations to our By-law Appeal Fund. Remember that every little helps. Special thanks to those who have helped already.

Receipts and Membership Cards will be included in the next newsletter after paying, to save costs.

*Overseas members: Australians $20Aust, all others $20US

FREE BEACH   News

September - October, 1994

Page 2

AGM '94

AGM '94 has come and gone, but not without its share of drama.

At the Wellington end, the drama started on Friday night when Traven informed me that he had not been able to uplift the key to St Andrews-on-the-Terrace, plus, the voice-point (special conference telephone equipment) had not arrived either.

Saturday morning needed some urgent action to recover the situation. A visit to St Andrews discovered some activity, and we were told that the participants would be there until after midday, and so we would not need a key. Meantime, while investigating a substitute site for the AGM, we uncovered a voice-point phone, and so all our problems were solved.

Little did we realise that we had only completed the first episode, there was more drama to come. The phone (which was located outside the formal meeting hall, had a toll bar on it (which means you cannot dial any number starting with zero. This meant we could not call the operator to initialize the conference link. After a bit of head scratching, we phoned a local friend and asked him if he would call the operator, ask her/him to call us. That solved that one obstacle only to reveal yet another. The voice-point phone could not be used with the type of phone installed! At this point, it was decided to abandon St Andrews, but where to from here?

Linda and Allan invited us to there home at Newlands, about 10 minutes north. From there on everything ran smoothly for the Wellington end.

After getting set up at Newlands and making contact with the Tauranga folk, we learned that the Auckland end of the link was also having their own drama. They found themselves locked out of All Saints Hall, and welcomed an invitation to relocate to John Riggir's home. The Meeting finally got underway at 3pm, 30 minutes after the scheduled link time.

Following the entertainment, the President opened the formal part of the 1994 AGM with the welcome and opening remarks. 18 members were present at Auckland, 3 at Tauranga, and 24 at Wellington. Next, the Minutes of the last AGM/SGM were read and accepted.

The President added some comments to his Report which had been published in the last newsletter. The Report was adopted, however John Riggir sought an explanation for actions taken by the new Committee, and asked that these be published in the newsletter. See Explanations, page 6.

The Treasurer presented the audited Accounts for 1992/93 and 1993/94, these are included elsewhere in this newsletter. Bob recommended that the annual subscription be increased to $20 to restore our depleted finances. This recommendation was latter carried when put to the vote.

Election of the new National Committee followed, as listed on the front page. Committee members come from a dispersed geographical area: Auckland, Hamilton, Wanganui, Clive (Hawkes Bay), Waikanae, Lower Hutt, and Christchurch.

The President read extracts of a Report submitted by Christchurch members, in lieu of joining in the conference link.

Motions to adopt the revised Constitution and postal voting were moved and adopted. The Meeting closed at 4-40pm.

Legal Opinion

We have now received the legal opinion on the validity of the North Shore City Council by-law, and it is presented on pages 3 & 4 for members to read and study.

The legal opinion has been presented to the North Shore City Council and we have asked the Council to remove the by-law from the books.

We have received a grant from the Percy Cousins Trust on behalf of the NZ Nudist Federation Inc of $700 to assist with the cost of fighting the by-law.

The legal opinion will be of benefit to all nudists, and we are very grateful for this generous assistance, and the confidence the NZNF has conveyed in the Free Beach Group.

Papamoa

The Tauranga District Council Community Services Committee meeting on 23 August was asked to consider a request from a local citizen to set aside a portion of Papamoa Beach as a designated area for nude bathing.

The Free Beach Group does not support the designation of any beach or part of a beach area for nudists. Any such creation would be in direct opposition to the aims and objects of the Free Beach Group. Our Mission is to promote the acceptance of nude recreation anywhere.

The President has sent a submission to the Council opposing the application.

Ask not, but ask who

Last newsletter, we published an article entitled Ask not, which outlined how Joyce Fleming set about establishing an active Christchurch group.

Unfortunately, Joyce's name got dropped off the bottom of the column, and I apologise to Joyce for not giving her credit for the interesting article.

Ngatuhoa 1995

As reported in the last newsletter, Ngatuhoa '95 will be from 21 January to 30 January (10 days/9 nights), which includes the Wellington and Auckland Anniversary weekends.

Full details will be included in the November/December newsletter.

FREE BEACH   News

September - October, 1994

Page 3

OPINION FOR FREE BEACH GROUP re NORTH SHORE CITY COUNCIL BYLAW

By Barry Wilson MA (Cantab), LLB (NZ), Barrister.

My opinion is sought concerning the validity of North Shore City Council Consolidated By-law Clause 1902.7, Fifth Schedule, Chapter 10 NZS 9201, Beaches: Bathing and Control. The by-law passed on 30th June 1992 effectively prohibits nudity on North Shore beaches. It states, 'No person over the age of 12 years shall be on, or remain upon, any part of any beach or beach reserve while their pubic areas are exposed to the view of other persons.'

It appears that the By-law is valid procedurally as it was passed pursuant to Section 716B of the Local Government Act 1974.

Section 684 of the Local Government Act 1974 empowers a Local Body to make by-laws for a number of purposes. Those purposes which could conceivably touch the above By-law are:

1) The good rule and government of the district;

8) Conserving public health, well—being, safety and convenience;

and,

30) Regulating the use of any reserve, recreation ground or other land ... or public place vested in the Council or under control of the Council.

That leaves the question of whether the By-law is unreasonable or ultra vires its empowering Act. In my view, the By-law could be struck down because of its inconsistency with the general law of the land.

That general law was declared in the case of Ceramalus v Police (High Court Auckland AP No. 76/91, Judgement July 5, 1991, Tompkins J.). This was a successful appeal by Mr Ceramalus against a conviction for offensive behaviour under Section 4/la of the Summary Offences Act 1981.

It should be said that Tomkins J. agreed with the District Court Judge that a charge of Indecent Exposure (Section 27 of the Summary Of fences Act) was inappropriate for people of naturist beliefs who were naked in a public place. (It could be argued on a fair reading of Section 27 of the Summary Of fences Act 1981 that nakedness in a public place is only an offence if accompanied by an obscene gesture or expression).

It is necessary to discuss the facts in the Ceramalus case. The defendant was sunbathing nude at Fitzpatrick Bay in an area frequented by naturists. He had earlier walked to the spot in sight of some 110 school children and 3 teachers, one of whom laid a complaint to the police. The defendant refused to move away from the group when questioned by the police. The under1ying issue in the case was whether the actions of Mr Ceramalus amounted to offensive behaviour. The Appellant submitted that the human body was not a lethal object, it was not a threat to human society. Nakedness on a beach, he continued, was a valid form of free expression not proscribed by the Act. The Judge quoted from the comments of McCarthy J. in Mesler v Police (1967) NZLR 437: 'The task of the law is to define the limitations which our society for our social health puts on such freedom ... bearing in mind that freedoms are of different qualities and values and that the higher and more important should not be unduly restricted in favour of the lower and less important ones.' In that case, the Court of Appeal was dealing with a charge of disorderly behaviour.

FREE BEACH   News

September - October, 1994

Page 4

McCarthy. J. later observed that an offence against good manners, a failure of good taste, a breach of morality, even though these might be contrary to the general order of public opinion are not enough to establish disorderly behaviour.

Tompkins J also referred to Messiter v Police (1980) NZLR 586, a charge of using insulting words in a public place. The Judge said in that case it dealt with that part of the frontier between individual liberty and public right, between the individual's freedom of speech and expression and the State's right to intervene to protect the wider interests of the community.

Tomkins J examined the question of what was offensive behaviour. Adopting the words of an Australian case he concluded that it 'must be such as is calculated to wound the feelings, arouse anger or resentment or disgust or outrage in the mind of the reasonable person.' The Judge concluded that the fact of Mr Ceramalus walking and sunbathing naked did not amount to anger, disgust or outrage and was not therefore offensive. His appeal was allowed and the conviction against him quashed.

The effect of this ruling is that nakedness itself is not illegal. Thus if someone is naked and is, for instance, sunbathing, swimming, or digging the garden, then the law has not been broken. In the course of his judgement, Tomkins J. commented, 'I have little doubt that in this day and age and in that place — a place where it was not uncommon for persons to sunbathe in the nude — adults on the beach would not be offended, in the more restricted meaning of that word as used in the section, by the appearance of the appellant, naked.'

Validity of the By-law

How then is the validity of the By-law banning beach nudity affected?

By-laws are subject to review in the Court; the Courts may declare a Bylaw invalid on the grounds of ultra vires, unreasonableness or uncertainty. In my view, this one should be struck down on the basis that it is both unreasonable and ultra vires (see, for example, Kruse v Johnson (1898) 2Q.B.91). The By-law is contrary to the general law of the land. It is in my opinion, 'an oppressive and gratuitous interference' with those who for many years now have been able to sunbathe naked on North Shore beaches. A By-law of this kind might have been acceptable in 1975; in the 1990s it discriminates against those who choose to sunbathe naked; and in doing so runs contrary to the general law of the land.

The simplest way to challenge the Bylaw would he through the machinery provided by Section 12 of the By-laws Act 1910, which allows the High Court to quash or amend an invalid Bylaw.

The By-law is also vulnerable on the basis that it is a breach of Section 19 of the Bill of Rights Act 1900: 'Freedom from Discrimination. Everyone has the right to freedom from discrimination on the ground of ... ethical belief.'

I am reinforced in my view that the By-law is unreasonable and ultra vires by the fact that when behaviour is offensive in the sense accepted by Tomkins J., an offender can still be liable under Section 4 of the Summary Offences Act. However, the fact that a person is merely naked on the beach does not render him or her so liable. It is not open to the North Shore City Council to achieve the same effect by maintaining a blanket ban of the kind asserted in this By-law.

DEADLINE   for   the   next   FREE   BEACH   News   will   be   15   October,   1994

FREE BEACH   News

September - October, 1994

Page 5

NSCC Bylaw Appeal

Donations towards the cost of overturning the North Shore City Council Bylaw:

Donations per last newsletter: $235

New donations

We would like to thank all those who have made donations.

If you would like to add to the Fund, please send your contribution to the Secretary, Free Beach Group Inc, P0 Box 41 171, St Lukes, Auckland. For details of the challenge to the NSCC Bylaw, refer to the front page of the May - June newsletter.

Annual Accounts

The Annual Accounts for the years 1992/93 and 1993/4 have been completed and audited. The audited accounts were presented at the 1994 AGM. There has been a small adjustment to the 1992/93 Income & Expenses Statement, increasing the loss to $1292.10.

The 1993/94 Income & Expenditure Account and Balance Sheet are reproduced in this newsletter, together with the auditor's comments. The 1992/93 accounts have not been reproduced separately since these figures are included with the 1993/94 accounts for comparative purposes.

This is not intended to be a formal presentation of the Accounts, and if anyone would like a complete copy, they are welcome to send a stamp addressed envelope.

Christchurch

Christchurch members met at Joyce Fleming's home on Monday, 25 July, a cold wet windy night, to discuss and decide on issues affecting local activity.

The members present supported the existence of the Free Beach Group as a National body; they were in favour of postal voting, and supported the revised Constitution. Increasing the subscription to $25 was not a popular option, $20 was felt to be not too bad.

The meeting sought clarification of our standing with the NZNF, and what benefits are conferred by our affiliation.* They questioned the ability of the Supporters Group to issue INF Passports to unseen members, whereas the FBG does not have this right.**

Members considered the Free Beach Guide was a valuable resource and trust that we will continue to publish up-dated editions.

* $700 grant towards our NSCC Bylaw Appeal is one benefit. (Editor)

** I note that the Free Beach Association of Queensland has recently been granted full affiliation with ANF, which makes all members eligible for INF Passports (at a cost of $3 per member). (Editor)

FREE BEACH GROUP Inc

INCOME & EXPENDITURE STATEMENT

for Year Ending 31 July 1994

FREE BEACH   News

September - October, 1994

Page 6

FREE BEACH GROUP Inc

BALANCE SHEET as at 31 July 1994

Explanation

Following the President's Report at the AGM, the 1992/93 President (John Riggir) asked that an explanation for the 1993/94 Committee's actions to rescind a decision of the 1992/93 Committee be published in the newsletter.

The newly elected 1993/94 National Committee included several members who had expressed concern following the unilateral decision of the 1992/93 Auckland based Committee to terminate the membership of three Wellington members.

The rules of an association constitute a contract between the association and its members and the association is bound to apply the rules of natural justice when adjudicating upon the rights of members. Both sides must be heard in the presence of each other. A member must be given an opportunity to answer the charges, the particulars of which have been clearly explained to him/her. This basic requirement had not been carried out.

The 1993/94 Committee did not believe the terminations were legal, or justified. The 1992/93 Committee had ignored a written recommendation from the Wellington Committee, which stated that termination of the membership of any of the members was unnecessary and unwarranted. The Wellington Committee was in regular contact with the members concerned.

The Free Beach Group is not a Sun Club, it is a group of individuals who participate in activities at public places, where we all are open to public scrutiny.

Any Committee which did not correct the error(s) of its predecessor(s) would be irresponsible, and could even find itself accountable. There is nothing unusual in this, right now we are asking the North Shore City Council to do the same thing. The unopposed re-election of members of the National Committee ratifies the action taken, and it is now time to close this matter.

Mardi Gras Rally 1995

The 43rd National NZNF Rally will take place on the grounds of the Canterbury Sun Club at "Pineglades" from Wednesday 28 December 1994 to Tuesday 3 January 1995 inclusive. "Pineglades" is situated at Rolleston, Approximately 20km south of Christchurch. An innovation of the "Carnival of Social Nudity" will be The Bourbon Street Cafe and Garden Bar; the alfresco restaurant has an extensive lunch-time and dinner menu at very reasonable prices.

Registration fee of $85 per adult for the whole Rally includes all rally costs, entertainment, New Years Eve supper, three course meal during the Theatre Restaurant evening and all camping fees from 28 December to 3 January.

For Registration form and full details, write to the FBG Secretary, PO Box 41-171, St Lukes, Auckland.

WELLINGTON NEWSLETTER

WELLINGTON A.G.M.

The A.G.M. will be held at Rewa Rewa School, Padnell Street, Newlands (see enclosed maps). The A.G.M. is on Saturday 17 September starting at 2:00p.m. in the school hall. An afternoon tea will be held at Linda & Alan Geeves, 38 Bracken Road (indicated on Map). Please bring a plate.

A.G.M. AGENDA

Opening and Chairman's Report.
Apologies.
Minutes and Matters Arising
Correspondence and Matters Arising.
Treasurer's Report.
Nominations and Election. (if you wish to nominate someone please use form at bottom)
General Business.
Meeting Closed and adjourn to Linda and Alan's for afternoon tea.

Please advise the Chairman of any items you wish included on the Agenda before the meeting. Trevor can be contacted on 233-9248.

PHOTOGRAPHS

You must get permission before taking photos. It is not your right to photograph members but rather their right not to be photographed. Be especially careful not to get people in the background of your shots unless you already have their permission. Pool nights, saunas and homes are not public places. Common courtesy and respect means getting permission of all concerned before snapping, preferably signed especially if the photos are to be shown around or in any way 'published'.

The idea that 'no means no' applies to everything. I know we all have our "hobby horses" but once again we must be aware of the other persons rights to have their own beliefs. It would be wise for parents to advise their children of the rights and wrongs of behaviour as this will allow problems to be dealt with quickly should the need ever arise.

HEART FOUNDATION FUN RUN

The National Heart Foundation is holding a Fun Run up Mount Victoria on the 9th of October. They have invited organisations to create their own theme for the day. This will be discussed briefly at the A.G.M., however, the Committee thought we could all "run" in club T-shirts with possibly a soft toy Fred Bear Mascot.

MID WINTER MADNESS

Again thank you Traven for the use of your lovely home and pool for this years mad winter event. The shock of the sad loss of Michael just a week earlier could only be softened for most by the fond and many memories we will always have.

A shared meal complete with BBQ was enjoyed by all. Most of the children and many of the more brave adults got their club uniforms quite wet in the pool. Later, after a lot of pressure from the two young mermaids (Heather and Arabella), seven flutters headed to the beach in the 4WD van for a real mid-winter dip, then raced back to the pool to wash off the salt. Certificates of Madness were handed out to the shivering and rusting members.

Thanks Traven, you have willingly given so much for the short time you have been with us.

Neil Green

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NOMINATION FORM

Nominator                   Seconder                   Position                   Nominee

[Page 8]

Free Beach Group Inc. (Wellington Region)
- Upcoming Local Events -

September-94

October-94

November-94

  4    Swim Night Cannons Creek  Aquatic Centre 6pm - 8pm

  9   Fun Run up Mount Victoria. Wear your Fred Bear T shirt, if you want to be in, contact a committee member.

  6   Breaker Bay beach day (First for the season) Beach clean-up.

17  Regional AGM Rewa Rewa School Hall Newlands 2pm - 3pm. Bring food for shared afternoon tea at 38 Bracken Rd afterwards.

 9  Swim Night Cannons Creek Aquatic Centre 6pm - 8pm. A chance to relax after the fun run

13   Last Swim Night Cannons Creek Aquatic Centre 6pm - 8pm

24   Mensana Sauna
80 Tory St, Wgtn
3pm - 9pm

24   Mensana Sauna
80 Tory St, Wgtn
3pm - 9pm

19   Last Mensana Sauna
80 Tory St, Wgtn
3pm - 9pm

27   Nth Peka Peka beach day (First for the season) Beach Clean-up

Wellington Region Key Persons: Local Contacts:- Alan ph 478-4820, Meryl ph. 528-7010.
Newsletter Contributions - Odette ph 233-9248. Aquatic Centre - Robert ph 232-8688.
Sauna - Meryl ph 528-7010.