Kiwi Polemicist

October 6, 2008

Public nudity, beaches, and excessive regulations – Part 1

There has been a bit of a fuss lately about local authorities repealing laws that forbid nudity on beaches. There were so many objections to this proposal on the Kapiti Coast that the email system crashed, and now Wellington City Council have removed such a law (click here and here). I have two comments regarding this:

1) The high level of public opposition to the repeal of these laws calls into question the popularity of the liberal left agenda that is foisted upon us.

It also shows that police and judicial inaction* over the Boobs on Bikes parade is driven more by a liberal agenda than by consideration of the public will (click here and here).

2) As I said in an earlier post there is in NZ a pattern of adding regulations to cover something that is already illegal, and since the exposing of genitialia in a public place is already an offence I cannot see a need for local authority laws to also regulate this. According to s27 of the Summary Offences Act:

(1) Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000 who, in or within view of any public place, intentionally and obscenely exposes any part of his or her genitals.

(2) It is a defence in a prosecution under this section if the defendant proves that he or she had reasonable grounds for believing that he or she would not be observed.

There is no law specifically preventing the exposing of female breasts, and case law now says that this is not offensive. However, there is a double standard being applied by the police, who have arrested women for walking down the street topless whilst refusing to do anything about the Boobs on Bikes parade. Section 4 of the Summary Offences Act and s125 of the Crimes Act have been used against topless females, but this depends upon judicial interpretations of what is “indecent” or “offensive”.

However, other laws do specifically mention female breasts, e.g. those covering covert filming and sexual exploitation of minors, so the law is inconsistent, i.e. it recognises the special status of female breasts in some instances but not others.

The repeal of the local authority laws is a good thing in terms of reducing the massive legislative burden that this country carries. Perhaps the Wellington City Council decided that the southerlies were far more effective than any law could ever be.


*the liberal beliefs and supercilious attitude of the judge who who ruled regarding the Boobs on Bikes Parade is clear: “It may well be that the parade is tasteless, but equally it may well be that in a more mature society the vast majority might consider it to be harmless fun”. Therefore, if you do consider topless woman in public to be tasteless you are a part of an immature society.



  1. I agree that there is probably little public support for the liberal left agenda, or at least less than is represented in Parliament. But the liberals have been able to achieve their agenda because they get together – heaps of people vote Green for example even though they disagree with many of their ideas, because they agree with the rough philosophy or (in most cases) what they think the rough philosophy of the party is.

    On the other hand, conservatives bicker, and come up with all sorts of reasons to not get behind a particular party, such as:
    – “Religion and politics should be separate”, but they ignore that everyone is religious (even atheists) so religious views are represented in parliament. The result of this is that the atheists support other atheists while some Christians don’t support Christian parties and end up supporting atheistic parties due to a poor understanding of the true meaning of the “separation of church and state”.

    – “So-and-so in that party goes to such-and-such a church, which I disagree with”, even though that church is probably far closer to their beliefs than an atheist is.

    – “Christians should be infiltrating National and Labour, not forming separate parties”, so they vote for National or Labour even though the liberals have been infiltrating those parties and Christians are increasingly marginalised within them. We cannot wait for Christians to infiltrate the major parties, we must do something about the state the country is in now.

    – “Their policies aren’t exactly what I want” (e.g. “I want abortion banned but they only want to limit it”), so they vote instead for a party that is even further from their desired policies.

    – “I don’t want to waste my vote”, even though you need people to choose to vote for a minor party for them to become a major party.

    Basically, the liberals cooperate, and achieve their goals politically. Christians bicker, and even though we may outnumber the liberals, we are divided and allow ourselves to be walked over.

    We must unite, and get behind a party that can actually represent us (and I obviously believe that party is The Family Party). But it is hard to persuade enough people to see the practical reality of what is needed.

    Comment by Mr Dennis — October 6, 2008 @ 6:15 pm

  2. […] nudity, beaches, and excessive regulations – Part 3 (Part 1 can be found here and Part 2 is […]

    Pingback by Public nudity, beaches, and excessive regulations - Part 3 « Kiwi Polemicist — October 9, 2008 @ 5:13 am

  3. My response to the comment made by Mr Dennis can be found here:

    Comment by kiwipolemicist — October 9, 2008 @ 11:55 am

RSS feed for comments on this post. TrackBack URI

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

Blog at

%d bloggers like this: