The NZNF bi-monthly supplement March - April 1989
Model General Bylaws (1972) Chapter 19 - Beaches - Bathing and Control The following letter, regarding the right of Now Zealanders to appear naked on our beaches was received by SANZ, and we now publish it and invite comment from our readers with a view to amending the Bylaw: The Regional Government scene in New Zealand is currently undergoing considerable change. Early indications from the Local Government Commission suggest that both the structure and administrative power of local authorities are going to be radically different in twelve months' time. It may well follow that the Model General Bylaws as laid down under the auspices of the Standards Association of New Zealand will also require amendment. If so, may we be permitted to express our objections to the discriminatory nature of clause 1902.7 which reads: 'No person shall be or remain upon any part of a beach in view of other persons unless properly and sufficiently clad'. The Free Beach Group Inc. was formed fifteen years ago to promote the establishment of legal 'free' (i.e. dress optional) beaches in New Zealand. It soon became apparent that in that there is no statute in New Zealand law that outlaws nudity in a public place, all beaches are, and always have been, 'free'. |
While merely by being nude the nude bather commits no crime, his/her behaviour may be construed as being offensive or indecent, but then so may that of the clothed bather. Both are equally liable for prosecution under the Summary Offences Act 1982. Case law (mostly under the previous 1927 Act), has clearly established that in deciding what is offensive and/or indecent, the court must pay due consideration to time, place and circumstances. It has been further established that where there is an apparent conflict, the opinion of the majority of persons present is of more importance than that of the complainant. There are currently in New Zealand several hundred beaches where nude bathing (with varying frequency) occurs. Many of these are also patronised by clothed persons. The lack of complaints is evidence that nude bathing is acceptable to beach users. This is not surprising, and simply substantiates the results of several professionally conducted opinion polls of the 1970s. Clause 1902.7 however, remains a problem. Many councils have adopted it without seemingly considering what 'properly and sufficiently clad' means. Others have added a definition, such as meaning that the pubic areas must be covered. Either way the purpose behind the clause is obscure. |
If at the time of framing the bylaw, the authors considered nude bathing offensive or indecent, then clause 1902.5 already covered the situation. Better still, prosecution was possible under the 1927 Act. It has been suggested that the clause was inserted to protect councils and councillors from any claim that could be made against them by a bather injured on a beach under their control, in such a manner that had the bather been 'properly and sufficiently clad', the injury would not have occurred. Whatever the reason for its origin, the continued existence and common interpretation of clause 1902.7 is discrimination against the nudist, and a direct challenge to their legal rights. While in the past this discrimination may have been the desire of the "average" New Zealander, it is clearly no longer so. We would accordingly recommend that in an amendment or rewrite of the Model General Bylaws, the clause be removed in its entirety.
Tony Wilson On behalf of the committee Free Beach Group Inc. |
Baring All
At the recent national rally held at the Palmerston North Club, one of the discussion topics was free beaches and their impact on clubs and club members.
There was unanimity at the forum that free beaches do not pose a threat to clubs. Quite the reverse in fact as witnessed by Mary Weston's experience in Australia and Adrienne Caldwell here in New Zealand. This was that the 'flow' tends to be from Free Beach to the clubs.
So if vigorously exploited this could be a valuable source of future members for our clubs. Further it would strengthen the movement if club members were to join the Free Beach Group.
Another way we can strengthen the movement is by supporting the Free Beach move to change the Model General Bylaws clause 1902.7. See copy below of Tony Wilson's letter in support of the change which appeared in Dec. Standards Association newsletter: 'Standards'.
Tony is President of the Free Beach Group and Adrienne is the Secretary.
Please send your supporting letters to your local MP, The Standards Association of NZ at Private Bag, Wellington, or to the Chairman and or Clerk to the Local Council. Suggested points for your letters are as follows:
be courteous
point out that the bylaw itself is not necessary since simple nudity (1902.7) on a beach is not offensive
nudity on some NZ beaches is already common and does not cause a problem
overseas experience indicates free beaches add to tourist attraction and therefore can increase overseas earnings
free beaches contribute to the overall general health of a nation.
Go on. Write a letter and send it now!
18 STANDARDS: VOLUME 34 NUMBER12, DECEMBER 1988
There have already been several such fatalities in New Zealand. 