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FREE BEACH News |
July - August, 1995 |
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Free Beach Group Inc |
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PO Box 41-171 St LUKES AUCKLAND 3 |
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Notice of AGM
Notice is hereby given of the 21st Annual General Meeting of the Free Beach Group Inc
AGENDA
Opening Remarks Apologies Confirmation of Minutes of 1994 AGM Presidents Report * Treasurers Report * Consideration of Notices of Motion ** General Business Formal Closing
* To be published in September newsletter ** Published elsewhere with this newsletter
2pm, 16 September 1995
The quorum for an AGM is 30 members. Members are urged to attend this most important event on our calendar.
The National AGM will be followed by the Wellington Regional AGM. Please bring a "plate" (with appropriate goodies) for a post AGM afternoon tea.
No arrangements have been made for participation away from the advertised venue, but if anyone would like to organise additional venue(s), we will notify these in the next newsletter.
21st Anniversary Celebration
All present and past members are invited to a Buffet Feast at Valentines licensed restaurant
7-30pm, Saturday 16 September 1995
Cost: $24-50/head, (drinks extra) children 12 and under $1-10/year
PLEASE pass on this invitation to anyone known to have been a member of the FREE BEACH GROUP Inc, and confirm your intention to attend by 25 August. For further information call John Groombridge at (04) 589 0906 (Bus) or (04) 589 5461 (Nights) or write to PO Box 30-099, LOWER HUTT. ALL WELCOLME!!
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National Committee President Traven Searle (0061) 7831 1731 Vice President John Groombridge (North Island) (04) 596 5461 Vice President Joyce Fleming (South Island) (03) 322 7990 Secretary Jackie Caldwell
TreasurerJohn Groombridge (04) 589 5461 Members Ian Bushett(04) 237 0193 John Lowe(06) Correspondence should be mailed to the official FBG address |
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LOCAL CONTACTS Auckland Bob Williamson (09) 410 6030 Tauranga Glenda Harper (07) 542 0290 Ted Lidgard (07) 542 2344 Waikato Roger Morris (07) 856 8857 Taranaki John Lowe (06) to be advised Hawkes Bay Murray Ennor (06) to be advised Sthn Hawkes Bay Hugh Bowles (06) 374 6238 Wellington Meryl Baker (04) 528 7010 Alan Geeves (04) 478 4820 Christchurch Joyce Fleming (03) 322 7990 |
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It is intended that this Newsletter will be the forum for the expression of ideas, opinions, and criticism; and therefore may not represent official policy.
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FREE BEACH News |
July - August, 1995 |
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Page 2 |
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National Committee Report
After the first year of getting to know one another and establishing an effective system for conducting committee business, we have settled into a smooth and steady pace. The circularised "committee meetings" are working well, with ideas being put forward, discussed, and either adopted or tossed out.
Being on the National Committee is not an onerous task, and need not involve attending meetings in a faraway place. Items actioned during the 1994/95 year include:
MEMBERSHIP: Numbers are up slightly from last year. Several new members have joined in response to the new brochures and advertisements in the NZ Naturist. The "Introduce-a-Friend" scheme has not worked out as well as we had hoped, and will be dropped.
BEACH LIAISON MEMBERS: This is a scheme to have FBG representatives on the main beaches, to hand out brochures, answer questions, and deal with problems. This has been successful on St Leonards and at Papamoa.
APPLICATION FORMS: The 1995/96 Blue forms will carry explanations on the back to comply with provisions of the Privacy Act.
RENEWAL FORMS: Proposed changes have yet to be finalised.
CAR STICKERS: We now have a new car sticker with the slogan "Go Natural Go Bare". As with our old sticker, the words are below Fred Bear, and can be trimmed off if preferred. They cost $2-50 each.
NORTH SHORE CITY COUNCIL: The Free Beach Group legal opinion was presented to NSCC, however the Council ratified the Bylaw banning nudity on NSCC beaches. But it appears that it is unlikely to be enforced because of the strong likelihood of the Council loosing the case.
FBG Colour: Our official colour is the same yellow as the cover of the Yellow Pages telephone book. Please note if you are purchasing or making items for the Group.
CLOTHES-OPTIONAL: Our preferred uniform is described as "clothes-optional", meaning that you may choose to wear or not wear clothes. The term "clothing-optional" (spot the difference?) confuses us with people who swim in jeans and Tee-shirts.
NON-PROFIT BODY STATUS: Amendments to our Constitution will now enable us to qualify for Non-Profit-Body status with Inland Revenue Department, -which will allow us to earn up to $1000 interest on investments without incurring income tax.
CREDIT NOTES:A Credit Note system has been introduced to avoid administrative hassles with carried-over subscriptions. New members joining between April and August are being sent a $10 Credit Note to be used as part-payment of the next renewal. Members who pay their subscriptions in advance will also be sent Credit Notes.
RECEIPTS: As from August we will stop issuing receipts for cheques, in line with current business practice.
NZ NUDIST FEDERATION: There will be no change to our status as an Associate Member of the NZNF. Full membership would enable us to issue INF passports, but would considerably increase our NZNF levy and make extra work. Members wanting an INF passport are advised to join a sun club or the Supporters Group. Jackie Caldwell |
1995/96 Committee
The number of nominations received for the 1995/96 National Committee makes it unnecessary for an election.
It would appear that members are reasonably satisfied with the efforts of the current Committee. At least that is what we are hearing from the silent majority.
The new Committee will have one new member, Steve Wilkinson from Christchurch. Representation of the Auckland region is disappointing, maybe we will be able to enlist someone before too long.
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Hello,
It recently occurred to me
The Government who make our law
Potential swimmers could be each
Then protest groups would start their
And thousands could make application
Malcolm McCallum |
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DEADLINE for the next FREE BEACH News will be 15 August, 1995 |
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FREE BEACH News |
July - August, 1995 |
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Page 3 |
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Has the Law Really Changed?
The North Shore Times Advertiser printed an article on 11 May 1995 titled "Fined $200 for naked walk". The article reported that Nobilangelo Ceramalus, who walked naked down his street carrying his clothes in a plastic bag, was found guilty of disorderly behaviour. He was fined $200 and ordered to pay $95 court costs.
Mr Ceramalus is managing editor of a new publication called Naturist Life New Zealand. Mr Ceramalus's letter of 29 May to subscribers contains two statements that require comment. Firstly, the letter refers to 'The recently renewed attack on the legal status of public naturism in New Zealand". Secondly, pending an appeal hearing in the High Court, Mr Ceramalus advises that "until things are resolved we should take the precaution of staying off beaches etc". Both statements are manifestly misguided and misleading. Let us begin with the latter statement.
Fortunately, the antics of one individual on a public Street do not affect the status of our nudity on beaches, as Mr Ceramalus obviously fears. The 1991 High Court decision in favour of nudity on beaches has not been overturned by this recent decision. As we know, in 1991 Mr Ceramalus successfully appealed against a conviction for offensive behaviour for nude sunbathing at Fitzpatrick Bay near a group of schoolchildren. That decision established that nakedness itself is not illegal. It also established that, in order to be successful in court, a charge of offensive behaviour would require evidence that proved a deliberate intention to offend on the part of the alleged offender.
The 1991 decision remains in force as long as it has not been revoked by the legitimate authority. There are four ways to revoke an existing law:
To see whether any of these applies to the 1991 decision in favour of public nudity on a beach, we need to examine the wording of both court decisions. |
In 1991, Justice Tomkins quoted a 1967 case which was relevant to the case over which he was presiding. The 1967 case clarified that the 'ask of the law is to define the limitations which our society for our societal health puts on such freedom". Applying this principle, Justice Tomkins concluded that "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... by the appearance of the appellant, naked".
Clearly, nudity is not the issue. The issue is whether nudity in particular circumstances constitutes offensive behaviour. Justice Tomkins placed emphasis on two circumstances in particular - time and place. He judged that Mr Ceramalus's nudity was not offensive "in this day and age", namely, in the 1990s. He might have judged otherwise if we were still in the 1950s or 1960s. Justice Tomkins also emphasised the fact that the beach where Mr Ceramalus was naked was "a place where it was not uncommon for persons to sunbathe in the nude". He might have judged otherwise if the appellant was naked in a place where it was unusual for people to be nude.
The same circumstances are relevant in the present case of Mr Ceramalus walking naked down his street. The judge placed particular emphasis on the place where Mr Ceramalus was nude. He also considered another factor as being important, namely, the relationship between the personal freedom of Ceramalus to go nude and the personal freedom of others to avoid nudity.
The North Shore Times Advertiser reports Judge Cadenhead as saying that Ceramalus had gone beyond the law's limit - "The judge said walking naked on a public road was an entirely different situation to that of the beach where nudity was not unheard of. People could always leave the beach but they may have to use public roads. The rights of the defendant had to be balanced against the rights of others in the community. Society in 1995 was not so permissive that walking naked in the Street should be tolerated, he said. Ceramalus had become quite intolerant and impervious to the feelings of his neighbours - he had become obsessed with making his point". Accordingly, the judge found Mr Ceramalus guilty of disorderly behaviour.
There are several issues for us, including the prudence of walking nude down a street. This article, however, concentrates only on the legal issue: does this recent decision mean that we can no longer go naked on beaches? Continued on next page ... |
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FREE BEACH News |
July - August, 1995 |
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Page 4 |
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The answer is no, quite happily and independently of the warnings of Mr Ceramalus.
The issue for us nude sunbathers at the beach is the following: does the decision of Judge Cadenhead abrogate, derogate, subrogate or obrogate the decision of Justice Tomkins? None of these applies.
Justice Tomkins used the principle that public nudity in particular circumstances is not illegal. Judge Cadenhead used the principle that public nudity in particular circumstances is illegal. These are different expressions of the same principle. The issue for the courts is merely to determine the circumstances in which public nudity is, and is not, illegal. Judge Cadenhead took the beach decision into account, but he specifically highlighted the different circumstances in the street case.
We nude sunbathers at the beach are certainly not faced with a situation where a law has been totally or partially abolished, nor where a law has been added to, nor where a contrary law has replaced a previous law.
Quite simply, we know that public nudity is not illegal if it is on beaches where nudity is not uncommon; but public nudity is illegal if ft is in a place where nudity is uncommon and where it impedes on the rights of others in the community.
It is possible that Mr Ceramalus could win his appeal in the High Court. Independently of that case, however, we are quite free to sunbathe nude on public beaches where nudity is not uncommon.
Briefly, "the recently renewed attack on the legal status of public naturism in New Zealand" is a misguided and misleading statement on the part of Mr Ceramalus. The Police did not initiate the present saga - Ceramalus did. The North Shore Times Advertiser reported the following: "A neighbour was sitting in his lounge about 6.45 pm on Feb 21 when he saw Ceramalus walking naked down the street. The neighbour and his partner complained to Police". If the paper has reported the facts correctly, Ceramalus only has himself to blame for whatever charge is brought against him. Frank Peek
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Our Sympathy goes out to Fern and Bill McKenzie on the loss of Ferns' daughter, Melissa. Members and Ferns' Ngatuhoa friends will share her sorrow.
Your children are not your children. They are the sons and daughters of Life's longing for itself. They come through you but not from you, And though they are with you yet they belong not to you.
You may give them your love but not your thoughts, For they have their own thoughts. You may house their bodies but not their souls, For their souls dwell in the house of tomorrow, which you cannot visit, not even in your dreams. You may strive to be like them, but seek not to make them like you. For life goes not backward nor tarries with yesterday.
Extract from The Prophet by Kahlil Gibran |
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Constitution
The Special General Meeting to amend the Constitution to gain Inland Revenue Department non-profit body classification, was an overwhelming success. The number of postal votes exceeded the number of votes cast on the day, and all votes were in favour of the amendments.
There are a few more changes we would like to tidy up before the amended Constitution is submitted to the Registrar of Incorporated Societies. These amendments are set out on a separate form, and we have included provision for absentee voting.
Our Constitution is a living document, which we intend to take us into the 21st Century. If you have any comments or questions, please let us know.
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Operation Nude A Brazilian judge, outraged by press photographs of naked bathers, has ordered the Army to arrest anyone found unclothed at a newly opened nudist beach near Rio de Janeiro. The ruling threatened Brazil's first all-nude samba parade, to take place on the beach next Sunday, featuring some of Rio's most famous samba performers.
Evening Post: 8 Dec, 1994 |
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Winter Blues?
In the next newsletter, Frank outlines a plan to escape to Cap d'Agde, France, which he describes as "the world's premier nudist resort". |
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Letters
Beach Nudity
Recently a Christchurch member of the Free Beach Group had a brush with the law, and used the situation to get a letter published in the Christchurch Star. His letter was written mainly from information in our newsletters and beach guide. Just to cement his point, he followed with a second short letter a few days later.
Sir - Last month there appeared in the Crime-watch column a notice of "indecent exposure."
I am the man referred to. I went to the police to explain my actions, and later spoke to a detective, at my home, establishing the tact that I was just a nudist, exercising his legal right to be naked on the beach. It seems to me that many members of the public are unaware of the legality of nudity on the beach.
I was so prompted to write this letter. Nudity may be legal, but this dates back to 1981, when the Summary Offences Act was passed. People are still having trouble interpreting the law, and it has taken a number of court judgements to clarify this situation. |
The legal protection of nudists' rights is slowly becoming common knowledge, but we are far from the ideal of beaches being clothes optional with both clothed and naked folk enjoying nature together in an atmosphere of tolerance and mutual respect. - GEORGE A NORTH. Beach nudity Sir - Thank you for publishing my letter.
I wish to apologise for an error that I made.
In my letter I used the term "the protection of nudists' rights."
I really meant "the legal protection of the right of the public to be naked on the beach." |
TREEWAYS HOMESTAY
Bluff Hill Napier
Maurie & Cheryl Keeling
Phone (06) 835-6567
Peaceful * Private
Beautiful Bush & Sea Views
Go Natural
Go Bare
If Only It Wasn't Just April Fool Day!
The Syracuse Naturist Gazette reported some startling legislation on April 1, 1994:
Clothing Addiction Attributed to Ads
1. CONGRESS IS CONSIDERING a law requiring the following warning label to be permanently affixed to every item of clothing:
"Caution! A garment is a class of manufactured consumer item which can be habit-forming and lead to economic and social dysfunction and loss of self- image and independence. The Surgeon General has also stated that it may decrease or debilitate the human body's natural ability to cope with the environment."
A recent poll confirmed that many people were trapped into clothing-obsessive habits by television, newspaper and magazine advertisements. Many privately admitted that they were sick of their addiction and were looking for a way out. Several self-help groups like CAA (Clothing Addicts Anonymous) have been formed to help each other.
CAA has a one-step program (compared with AA's 12-step program) which has been remarkably effective in combating this scourge of society. "Just take off your clothes," said the director of the local chapter of the CAA.
2. Under a local option proposal, the state will allow counties to license separate private camp grounds and resorts for clothed activities.
In spite of local uproar by many leading merchants, physicians and politicians, the clothed clubs now have a protected legal basis provided they have a fence at least ten feet high around their property and are far enough from any populated area so as not to infect the local nude population with their strange practices and attitudes.
Courtesy 'N&N' 13.4
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FREE BEACH News |
July - August, 1995 |
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Page 6 |
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Wellington Notes Regional AGM
The Wellington Regional AGM will be held at the Rewa Rewa School Hall, 16 September 1995, following the National AGM.
Business includes the election of a new Regional Committee. Please try and be there to have your influence on the Wellington regions activities. For more details, contact Linda at (04) 478 4820. Mensana Magic!
Saturday 27 May heralded our resumption of the monthly sauna at Mensana. There were about six already there and within about half an hour other members started flowing in, and as a result the "hot box" was packed with joking happy and convivial nudists. We totalled 20 and made arrangements for friends of members to join the Group.
We discussed whilst there to have an event every weekend during the winter, details later. All our winter events require PARTICIPATION and we know it is hard to get motivated on a cold winters afternoon, but come on and get with it, and attend whatever to make the occasion a success.
For dates of see the Wellington Calendar, and remember to phone Linda one week before to confirm. Rick Baker Puzzle:
How do you do Jazz Ballet if you have got your broken leg in plaster? Answer: Ask Heather B.
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Swim nights
Our swim nights at Cannons Creek Pool, Porirua, second Sunday each month are proving popular again this year, however a few enthusiastic members seem to be reluctant to leave promptly at 8pm.
We have considered extending our hire time, but would have to pay for a full extra hour, which would mean increasing the entry fee.
Please make good use of our two hour slot by arriving early. Swim time is from 6pm to 8pm, and your co-operation would be appreciated in allowing the willing workers to tidy up and get away without delay at the end of the evening.
Members are also reminded that smoking is not permitted. The Committee does not make these rules, the pool management has, and they have entrusted us to ensure that they are complied with, so let's not abuse this trust. Ten Pin Bowling
Great fun can be had by all, whether you're an experienced bowler or someone who has never bowled before.
Three games, shoes and ball included in the $12 cost per member. There is a licensed restaurant on the premises, and other food establishments nearby for a following meal. So, for an evening of fun, come along and enjoy yourself. Sorry, no barbecues, tidy clothes essential.
Strikeline Porirua is at 35 Kenepuru Drive, Porirua, this is the opposite side of to the Cannons Creek Pool, the road which goes south to Tawa, (opposite the hospital).
Time: 5pm to 6-30pm, be early to get setup.
Dates: 29 July, 19 August, and 30 September
Phone Linda at (04) 478 4820 to confirm booking numbers and if you need more details.
Linda Geeves
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Golf anyone?
Rick and I recently visited the Silverstream Golf Driving Range on Ferguson Drive just north of the Silverstream Bridge. A brilliant facility and well worth a visit.
Cost details: $1 per driving club, $6 per small basket of golf-balls (50) or $10 per large basket (110 balls); may be shared; or we can take advantage of the group discount (10 plus members): $4 each. BYO food, drinks, barbecue gear, etc. Open until 10pm.
When? 4-30pm Saturday, 15 July. Meet at Rick & Meryl's at 4pm, and return afterwards for a Pot-luck shared meal. If you are interested, contact Rick and Meryl on (04) 528 7010.
Meryl Baker
FREE BEACH News
This Newsletter is intended to be an open forum and has been compiled from information supplied by members. If you have any topics of interest to share with others, or if you have any ideas or concerns, now is your opportunity to express them. The material contained in this Newsletter is Copyright. Editors wishing to reprint any item in part or whole are invited to contact the Editor for permission, and any conditions which may apply.
Contributions/correspondence may be sent to the official address, or direct to the Editor,
John Groombridge, PO Box 30-099, LOWER HUTT
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Well, we can hardly complain. Our Indian Summer has stretched almost to the winter solstice when we celebrate the beginning of a gradual daily increase in sunshine. We are thinking now of next spring and summer in planning future "clothing-optional" events and activities.
Fifteen people turned up to our pot-luck lunch which, due to the generosity of the participants, turned out to be a veritable feast and a convivial atmosphere for getting to know one another. A couple of members had brought along videos which were of interest to FBG. One was a TV report from last summer regarding Papamoa Beach (featuring Nobilangelo) and the other a pro-nudist "Donahue" programme.
A major purpose of the get-together was to discuss the success or otherwise of our outings, to report on "reconnaissance" trips and plan for next summer. In order to spread the load, several individual members volunteered to be responsible for a particular outing of their own choice. These include day or weekend trips to Le Bons Bay, the Onuku Farm Hostel near Akaroa, the South Canterbury Sun Club near Geraldine, Annandale, Broken River and Waiara, as well as our usual beaches. For these outings, we await the onset of warmer weather. In the meantime, here is the winter programme:-
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Sat July 8 |
McQueen's Pass (see last newsletter.) |
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| Sat Aug 26 |
"Birdlands" Nature Reserve, Okuti Valley. For car pool ($5) meet at Halswell Tavern car park 10a.m. |
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Sat Sep 9 |
Kaiapoi Walkway. Meet at Belfast Tavern car park 10a.m. Leader: Grant Holland, phone 3-889-739. Children are welcome on all outings. |
Children are welcome on all outings.
SPA-SAUNA AND SOCIAL EVENINGS AT PINEGLADES (Canterbury Sun Club)
The first of these evenings, on July 1st, will already have taken place by the time you receive this newsletter. I tried to phone all local FBG members re this event. I also advertised it as follows in "Pinecones" (the C.S.C. newsletter):-
"Spa-sauna evening. A social get-together with the Free Beach Group in the clubhouse from 7p.m. onwards. Bring board games, card games, etc. Table tennis. Light supper (soup and rolls) provided."
The charge for FBG members is $5 each. We are hoping to make this a regular event during the winter. All being well, it will take place on the first Saturday of each month; that is, August 5th, September 2nd ,and October 7th. I suggest that you pencil this in on your calendar NOW. But it is up to VU to phone me (3-227-99O) in advance of these dates, for confirmation. These arrangements are dependant on varying circumstances such as C.S.C. needing their facilities for some other event. So please do check with me to make sure.
THANK YOU TO ALL THOSE WHO ARE GIVING THEIR SUPPORT TOWARDS THE SUCCESS OF OUR GROUP.
Joyce.
STOP PRESS: Have just got back from Orton Bradley Park (Charteris Bay). Calm, moist, mild weather, ideal for walking. The seven of us (five adults, two children) had the whole 653 hectares of bush, woodlands, hillsides, streams and waterfalls to ourselves: everyone else in Christchurch presumably put off by the weather forecast - or engaged in other Saturday sports. We enjoyed the grandeur of the scenery and' the silence broken only by the occasional sounds of rushing water with the occasional bellbird or fantail chiming in. Mist turned to light rain - quite pleasant - then after a late picnic lunch, we headed for home. A worthwhile trip which we will repeat some day.
(10-6-95)
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