Topless sunbathing: The law

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As temperatures soar, many New Zealanders are flocking to the beaches for relaxation, cooling off, and shedding layers. However, a query from a European tourist has ignited a lively discussion about the legality and societal attitudes towards women sunbathing topless in Aotearoa, shedding light on our evolving perspectives.

The traveler, hailing from Germany, sought guidance on Reddit, expressing her preference for topless sunbathing for comfort, especially while in the water. The post garnered numerous responses, cautioning her to be selective about where she chooses to embrace this practice, despite it being technically legal.

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While some suggested New Zealanders generally adhere to a more conservative approach, others asserted that, as long as nudity is confined to the beach, a relaxed attitude prevails. Various beaches known for accepting nude bathing were recommended, though some noted a decline in the practice over the years.

Some Kiwis have suggested that Aotearoa can be puritanical when it comes to topless sunbathing. Photo / 123RF

Several responses reflected on the changing dynamics, attributing the decline to increased concerns about privacy in the age of smartphones. Others emphasized the primary concern should be sun protection, advising fellow beachgoers to wear sunscreen.

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Contrary to the perception of a puritanical stance, recent data analysis showed that New Zealanders are among the world’s top nudists, second only to Australians in per capita searches for “nude beach” online.

The article clarifies the legal aspects, affirming that it is entirely legal for both men and women to be topless in public in New Zealand. However, while there’s no specific offense for nudity, individuals going completely naked could face charges such as indecent exposure or performing an indecent act.

Women sunbathing topless on a beach in Barcelona. (Photo: Carton828 / CC BY-SA 3.0)

Despite legal allowances, anecdotes reveal that going topless may not always be well-received, as exemplified by an incident in which a sunbather faced harassment and threats at Pt Chevalier beach in 2019. The law permits such freedom, but societal attitudes, as demonstrated by this incident, might not always align with legal provisions.