Topless sunbathing on New Zealand beaches: The law and what we really think

With temperatures rising, many Kiwis will be heading to the beach to relax, cool off and strip down.

But how far?

A question from a European tourist has sparked a spirited debate about the place of women sunbathing topless in Aotearoa, revealing what we really think of the practice and how our views may have changed.

“I’m a girl and it’s just way more relaxing for me, especially in water to not wear a bikini top,” the traveller posted on Reddit.

“So I wanted to ask if it’s legal in New Zealand to take your bikini top off at the beach.

“I’m from Germany, where mostly everyone is chill about that and it isn’t illegal. So how are the rules around here, or how do you locals see that?”

The post attracted hundreds of replies, with many advising the woman to be cautious about where she bares flesh.

“It’s not illegal, but be aware no one does this,” one person replied.

“Seconded,” another agreed. “It’s rare and you should choose your area carefully.”

Others suggested that New Zealanders take a more relaxed approach - as long as any nudity was contained to the beach.

“Togs/undies rule applies,” one commenter sagely noted.

Another suggested that New Zealanders’ natural inclination to not make a fuss might protect the young German.

“My partner will take her top off when swimming and has never got any attention because of it,” they wrote. “Most Kiwis know to keep their opinions to themselves.”

“I get my tits out on the beach all the time and no one cares,” a 43-year-old man wrote, highlighting the gendered nature of the debate.

Many Kiwis will be familiar with a local beach where nude bathing is accepted and of those spots were suggested, such as Little Palm Beach on Waiheke Island or Ladies Bay at St Heliers, but others wrote the practice was on the decline.

“It’s strange how much that has changed in NZ in the last 30 years. Late 80s it wasn’t unusual on beaches, at least in Auckland,” one person wrote.

“There were boobs everywhere,” another wrote of their 1980s childhood on Waiheke Island.

Others thought that the ubiquitous presence of mobile phones had caused many women to cover up.

“Everyone has a camera in their pocket now, that’s the main reason,” one person noted and another replied, pointing out that it’s not the technology that is the problem: “Yea, I think women are more worried about ending up on porn sites. And it’s the creeps, not the phones.”

A few noted that the real area of concern was not the law or outraging standards of decency. It was the sun.

“Wear sunscreen on your tatas though... I always spf50 on the girls so they don’t get burnt.”

Kiwis really are rudie nudies

Although many responses to this traveller’s query suggested that New Zealanders had a puritanical streak, a recent analysis of Google data shows this might not be the whole truth.

Earlier this year, swimwear company Pour Moi analysed Google search data to reveal which nation of beachgoers is the most likely to take it all off and catch some rays - and New Zealand is, per capita, second only to our neighbours across the ditch, Australia.

Roughly 67,000 Kiwis search for “nude beach” online every year, following around 440,200 Aussies, while it’s the Netherlands that lands in third place with 215,700 searching for a nude beach each year.

The laws on public nudity

It is completely legal for men and women to be topless in public in New Zealand. In fact, the law allows any of us to be completely nude in public. But while there is no specific offence for nudity, those going naked could face charges such as indecent exposure or performing an indecent act.

Though it is worth noting that, while indecent exposure requires displaying genitals, the law doesn’t consider full nudity to be illegal on its own, as is evidenced by Dunedin’s nude rugby tradition.

Topless woman assaulted

While the law might allow it, some have found that going topless is not always well-received.

A topless sunbather was bullied and hounded from Pt Chevalier beach where she was catching late afternoon rays in 2019 - and believes she was threatened with social media shaming if she dared call police.

The Auckland woman in her 50s said she was “terrified” after being abused by a group of about 20 people and the focus of a sustained attack by two women.

The women shouted at her, flicked and kicked sand at her, took her photograph, which the victim took as a threat it would be posted online if she went to police over their behaviour.

Leaving the beach, she encountered two young men heading down to the beach without shirts. The sight drove her to shout at the women: “Oh look! He’s got titties too!”

And then, as she crested the walkway to the beach, she turned and flashed at her abusers. “That was my last salute,” she said.

The incident left the woman too frightened to dress in the changing rooms. “I was terrified they were still following me. I knew I just had to get out of there.”

As she left, she called police to report the encounter. During the call, she expressed her bewilderment to police, saying: “I’m only an A-Cup. It’s not like I’m a double-D.”

The sunbather said it was only the second time she had encountered an adverse view from other beachgoers while on an Auckland beach. The only other occasion while topless was at a different beach, at which she heard a man say: “I didn’t know this was a nudist beach.”

“It’s not illegal to be topless. I was minding my own business. I do generally try to be discreet. They probably should have just cast their eyes somewhere else.”

Chris Marriner is an Auckland-based journalist covering trending news and social media. He joined the Herald in 2003 and previously worked in the Herald’s visual team.

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