Tauranga City Council's special bylaw aimed at banning topless women riding through town on motorbikes was passed this week.
The changes to Tauranga's Street Use and Public Places Bylaw were called for after promoter Steve Crow rode over the previous one when he brought the Boobs on Bikes parade to Tauranga in August 2011.
The Boobs on Bikes parade in Tauranga in August 2011.
Councillors attempted to stop the parade by denying a permit, but were unable to as under the old bylaw a parade could only be halted due to traffic management issues.
Claims that the parade is offensive are ineffectual because the New Zealand High Court has ruled that it is not an offence for a woman to bare her breasts in public.
The revamped section 19 of the bylaw still uses ‘offensive' as a reason to ban a parade, but it has gone a step further.
Under the changes council can refuse permission if the parade gives rise to some form of public disorder, for example, whether viewed objectively it may have a reasonable likelihood of dissuading others from enjoying their right to use the public place by entering or remaining in it.
In other words, if the council staff think some people might want to stay away from the city while the parade goes past, or because of any other assembly in town, then that is a reason to ban it.
A parade can also now be banned if council reasonably believes the activity will unreasonably impede pedestrian or vehicular traffic access to or along any public place or to any shops or premises.
'We will probably end up in court anyway, but we will have some grounds,” says corporate solicitor Joanne Gread.
21 comments
Now what?
Posted on 21-03-2013 09:35 | By penguin
Does this new by-law mean that any type of street parade will be banned according to the wording? (Quote:...A parade can also now be banned if council reasonably believes the activity will unreasonably impede pedestrian or vehicular traffic access to or along any public place or to any shops or premises.)
Ban all parades??
Posted on 21-03-2013 10:05 | By metallicite
Taking this quote: "if the council staff think some people might want to stay away from the city while the parade goes past, or because of any other assembly in town, then that is a reason to ban it" What's stopping anyone getting the council to ban all other parades down the main street now because someone wanting to shop that day will impede them doing so and make them want to stay away?
Nobody would have attended except for the controversy
Posted on 21-03-2013 10:06 | By Hitch22
If it hadn't been for all the "moral" outrage that parade wouldn't have had the same publicity and probably would have gone unnoticed. A philosopher wrote, "Nothing optional - from homosexuality to adultery - is ever made punishable unless those who do the prohibiting have a repressed desire to participate." Interesting comment in the light of the fall from grace of some in NZ and many in the USA who used to take the supposed moral high ground.
Ban the nude beach for the same reason
Posted on 21-03-2013 10:13 | By Surfwatch
My wife and I, and the grandchildren were walking up to Papamoa yesterday, but stopped short because we didnt want to be confronted by overt nudists, ruining our pleasant walk. We want to stay away from that area, so realistically they should be banned. So it would appear something can be done, if they wanted to.
Is this making mountains out of molehills?
Posted on 21-03-2013 11:08 | By Hitch22
Just had to ask.
Focus and concentrate
Posted on 21-03-2013 12:47 | By Kaimai
Good to see council concentrating on city infrastructure, facilities and debt management. Oh yes! Now I object most strongly to an art gallery, a museum and occasionally used sports arenas, or at least paying for them - will council listen to me and the others that object to galleries,or museums or sports arenas or has council got selective hearing.
Fantastic
Posted on 21-03-2013 13:33 | By earlybird
I hate Jazz so can we please use this bylaw to cancel the Jazz Festival. I'm totally offended by Jazz and I find that my way is impeded by the people who have gathered to witness this foul sound.
Pandering
Posted on 21-03-2013 15:47 | By CW
Just going by the definitions being quoted in the story, council will also be obliged to cancel Christmas Parades, Breat Cancer Walks and any number of other such events. To me, this bylaw change smacks of pandering to the minority, and really can only create issues, not solve one.
How bloody prudish!!
Posted on 21-03-2013 16:56 | By lakiwi1
If nudity, on bikes or a clothing optional beach offends YOU, KEEP AWAY!!!
How bloody prudish!!
Posted on 21-03-2013 18:19 | By lakiwi1
If nudity, on bikes or a clothing optional beach offends YOU, KEEP AWAY!!!
To lakiwi1
Posted on 21-03-2013 19:27 | By Surfwatch
Go Hide behind your raincoat. You appear to think the majority approve of beach and public nudity. Get into the real world, they dont.
We pay them to come up with this rubbish.....
Posted on 21-03-2013 19:35 | By dgk
Sounds like council has just banned any and all parades in the city, along with any event which makes use of city streets or city parks. What a bunch of highly paid idiots.
I don't really hate Jazz
Posted on 22-03-2013 08:18 | By earlybird
but can't you just see how this proposed Bylaw would end up being a complete shambles. People would challenge every single street type event and the council would have to give equal consideration to each challenge. I'm sure that someone like Steve Crow would relish the challenge. All the hooha created by certain councillors has really backfired by giving enormous free publicity to the 'Boobs on Bikes' parade. If they'd done nothing it may well have been a fizzer. That's what you get guys when you meddle in things you should leave well alone. Imagine if Tauranga was confronted with an event like Sydney's Gay Mardi Gras - catatonia like symptoms all around I suspect.
What about...
Posted on 22-03-2013 11:52 | By Jolene Publique
What about protests? There were some quite loud Asset sale protest with some bad language thrown into the chants. Will they be stopped? What about a gay pride parade? There are folks who would be against that. I do remember a photo of two councillors who were against the Boobs on Bikes parade who were on Devonport road watching it go past. If it offended them, I am sure they would have stayed at their desks.
DGK
Posted on 23-03-2013 12:49 | By TERMITE
Yes we all do pay them to create these crazy ideas and plans, it is because they have run out of money to borrow and then spend on hair-brain mad projects so they are all looking for something to do to fill in the day and this is all that they can come up with, none of this should even see the light of day.
naked boobs ! Horrors !
Posted on 23-03-2013 22:29 | By ow
Run For the hills !!! Arrrrrrgh !!!!!! We are under attack !!!
Oh bugger
Posted on 26-03-2013 17:33 | By YOGI
A boob attack, like what is the risk or problem or anything here. Can only be a very large case of inferiority complex here, nothing to compare with at all so VERY jealous so EXTERMINATE EXTERMINATE EXTERMINATE ...
Where is Steve C?
Posted on 27-03-2013 02:01 | By Crash test dummies
.
GREAT NEWS
Posted on 01-04-2013 18:49 | By Can do it
Seeing as my children have grown past that 'santa' FIASCO we can now stop the commercialisation of this retailers hand rubbing exercise and totally ban ANY thing even resembling a 'santa' parade or gathering or the like. please send a form to all households to fill out which 'parades' they object to and swamp council halls with the mail to give them a real job to sort out ,,,,, THEIR OWN JOB is where they should be watching closely!!! NB I am tired of not being able to walk or park or drive whenever ANY parade is on so simply BANNING anything similar to a parade is the obvious owner to the council potheads. PPS I saw the parade last time and it was not even worth watching. Poor girls were way past offending anyone but their own families lol
Teachers parade
Posted on 04-04-2013 02:13 | By TERMITE
So that lot will be banned from wandering on the beach to? Does that mean that in this years election that the candidates are not allowed to 'parade' about pretending to be someone that they are not?
Posted on 12-04-2013 17:44 | By Boobytrap
What a shame. I was really hoping they would have a "Ballbags on Bikes" this year too
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