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Summary: Bare-breast Ruling ‘not Made By Police’ (Press, 22 January 1974)
On 21 January 1974, the New Zealand Police Minister, Mr Connelly, addressed concerns regarding topless women in public places, particularly on Auckland beaches. This was in response to a statement from Chief Superintendent B. R. Alty, who suggested that the police would not take action against women who bared their breasts in these settings. Mr Alty had expressed his belief that most people would not be offended by seeing a bare-breasted woman and indicated that he doubted any complaints would warrant police action. However, he clarified that this was his personal interpretation of the law. Mr Connelly, while acknowledging the report, stated he had yet to read Alty’s remarks and preferred to hold off making any decisions until he had the full context. He underscored that it is the courts, not the police, that determine the application of the law. He pointed out that police do not have the authority to create laws or decide their applicability in specific situations. In response to the ongoing discussion, Miss Patricia Bartlett, secretary of the Society for the Promotion of Community Standards, expressed her surprise at the notion that no action would be taken if complaints were filed regarding public nudity. She noted that she had not seen the reports but felt that the police would likely respond to complaints about bare-breasted women. Alty further elaborated on his stance, stating he would find it challenging to successfully prosecute a case arguing offensive behaviour against a woman who chose to remove her top at the beach. He expressed the view that if a woman wishes to be topless, it is her personal right, and he did not find the action objectionable or deserving of legal repercussions. Alty also called attention to the perceived double standards in societal expectations of decency between men and women. Overall, the exchange highlighted a growing discourse in New Zealand society in 1974 regarding personal freedoms, public decency standards, and the role of law enforcement in mediating such issues.
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