Nude sunbathing laid bare in court
A naked man was reading a book while lying on a deserted Otago beach, but soon his peace would be shattered.
The curious case of the naked sunbather unfolded near the small coastal township of Kaka Point, in the Clutha District.
The tension between Lloyd Hayden Bonnar, who had a holiday home in the area, and his neighbours June and Ian Kreger started when the latter removed some trees which had previously afforded Bonnar’s property some privacy.
The tension was exacerbated by Bonnar’s naturist beliefs which he maintained by using the beach in front of his and the Kreger property for nude sunbathing and swimming.
‘‘You couldn’t find two more polar opposite neighbours,’’ Bonnar’s lawyer, Michael Bott, told The Press.
The dispute led to a local police officer proposing a novel solution. That involved Bonnar going from his house to the beach wearing either shorts or a towel wrapped around himself, and then sunbathing ‘‘out of sight’’.
Upon entering the water, Bonnar was told to leave the towel or shorts at the high tide mark.
However, the agreement did not mark an end to the dispute.
On October 4, 2020, Bonnar was sunbathing naked on a towel and reading a book at the deserted Willsher Bay, south of the township.
Wayne Duncan, the son-in-law of June Kreger, was staying at the Kreger property, along with his wife and daughter and an 8-year-old boy, for the weekend.
According to a reserved decision of Judge Kevin Phillips, the couple walked across the road to sit on a bench by the beach, and saw a naked Bonnar about 6 metres away reading a book.
Bonnar appeared unconcerned they were there, but Duncan told him to cover up or move away.
‘‘Bugger off’’, Bonnar replied. He said it was his right to be there.
Duncan told the court he found it offensive that Bonnar was naked, but also offensive for his wife, daughter and the other child, who had been playing at the water’s edge.
When Duncan took his phone out of
his pocket, Bonnar placed a book over his genitals.
As the children returned from the beach, Bonnar stood up, put his shorts on and walked up the steps.
Duncan told Bonnar he had contacted police, to which he replied: ‘‘I look forward to seeing you in court.’’ He then pushed Duncan with his right hand three times on his left shoulder.
Duncan said each push was stronger than the previous one and on the third push, he stumbled but did not fall.
As Duncan returned to the Kreger property across the road, they saw Bonnar standing on his deck completely naked, filming them.
Later that day, Duncan returned to the beach with his daughter, only to see a naked Bonnar emerge from the water.
It was only when Duncan took his phone out that Bonnar covered his genitals.
Photos of Bonnar, taken by Duncan, were produced as evidence in court.
Bonnar became aggressive and started to swear, saying it was not against the law to be naked on the beach, Duncan told the court.
‘‘No, but it is against the law to offend and [exhibit] offensive behaviour,’’ he replied.
Under cross-examination by Bott, Duncan accepted that Bonnar’s naturist activities – swimming and sunbathing – were confined to the water’s edge.
The issue for Duncan and his family was that Bonnar did not cover up when people were present, but only when cameras came out.
Judge Phillips said he essentially had to decide whether the defendant being naked on the beach amounted to him acting in an offensive manner.
Bott submitted his client had the right to be naked within the context of the high-water mark and the beach, and that sunbathing and swimming while naked was not indulging in ‘‘exhibitionistic activity’’.
Judge Phillips agreed that Bonnar being naked was not equivalent to him ‘‘parading his genitalia’’ and acting offensively.
He dismissed the charge of behaving in an offensive manner, but found Bonnar guilty of common assault.
Bonnar was ordered to come up for sentencing if called upon within six months.
Bott told The Press the case was about freedom of expression, and ‘‘the mere sight of a naked body should not be seen as offensive’’.
That thinking was out of touch with contemporary New Zealand, he said.
Bonnar said he did not intend to bother anybody, and it was a shame his neighbours couldn’t do the same thing.