Summary Offences Act 1981, s s 3, 4(1)(a) Case: [2011] NZSC 45 

Protestors are sometimes charged with behaving in an offensive or disorderly manner in a public place. This is a minor criminal offence, punishable by a fine of up to $1,000. However, the police can still arrest you without a warrant for this.

To get a conviction, the police would have to prove something more than, for example, that some people were seriously offended – they’d have to prove you disrupted public order so that other members of the public weren’t able to go about their normal activities in that public place.

There’s also a more serious version of this offence, which is where your behaviour is likely to cause violence against people or damage to property. This carries the possibility of a short jail term, up to three months, or a fine up to $2,000.

Summary Offences Act 1981, s 4 Case: [2013] NZHC 169

Offensive language in a public place is a minor criminal offence for which you may be fined up to $1,000,  In some cases, repeatedly swearing on a protest could result in a conviction for this offence.

However, this will depend a lot on the particular circumstances, including exactly what you said, how often, and so on. The judge will take into account your right to freedom of expression under the Bill of Rights in deciding whether on balance how you behaved was serious enough to breach the criminal law.

In some cases, swearing at the police on a protest could also amount to “offensive language”. However, the courts have said that police officers  should be expected to put up with a greater amount of aggression and abuse than ordinary members of the public. The judge will take this into account in deciding whether on balance your behaviour amounted to “offensive behaviour”. There are, however, still limits to what police officer should be expected to put up with.

Threatening a police officer could amount to the offence of assaulting a police officer, which is punishable by up to six months’ jail or a fine of up to $4,000. This is because an “assault” includes the threat of an assault.

There are restrictions around when and where you can make noise. Your local council is responsible for deciding whether the noise is above a reasonable level. If a council noise control officer thinks you’re making too much noise at a protest, they could issue you an Excessive Noise Direction (END), ordering you to reduce the noise to a reasonable level. If you don’t immediately obey, the police can take away things that you’re using to make noise – for example, drums or a megaphone (see: “Noise”).

Summary Offences Act 1981, s 11

You could be charged with wilful damage if you intentionally damage property. If you are convicted, you could be imprisoned for up to 3 months or have to pay fine of up to $2,000. Wilful damage can include setting fire to a tree or vegetation.

If you damage property accidently, you might also be responsible under the civil (non-criminal) law for paying for the damage.

Summary Offences Act 1981, s 2

Glitter bombs, shoes, tomato juice, and many other items have all been thrown in the name of different causes. Throwing things, even soft things, may be considered a criminal assault.

In the Summary Offences Act 1981, “assault” includes any act of intentionally applying force, or attempting to apply force, to another person, whether directly or indirectly. It also includes any reasonably believable threat to use force.

Crimes Act 1961, ss 86, 233 Case: R v Tahapeehi DC Hamilton CRI-2009-019-11362, 27 May 2010

There is no New Zealand law that explicitly prohibits you from disguising yourself during a protest. However, it is unlawful to cover your face or disguise yourself if you have an intention to commit a crime.

Protesting is not a crime. However, if, in the course of protesting, you intended to damage property or assault other people, any attempt to disguise yourself will likely be a criminal offence in and of itself. If you are convicted of disguising yourself with the intention of committing a crime, you can be imprisoned for up to 3 years.

To be considered to have disguised yourself, you generally have to have covered your face or done something else that would make you unrecognisable. Wearing an ordinary pieces of clothing, such as beanie, that does not cover your face is not considered a disguise.

The use of a disguise may be taken as evidence that you intended to do something illegal. However, being disguised on its own doesn’t turn a peaceful assembly into an unlawful one.

Dog Control Act 1996, ss 19, 54A, 62

Yes, but you need to obey ordinary laws in relation to animals and any bylaws of the local council.

For example, if you are in public with your dog, you must carry a leash. If you fail to do so, you could receive a $500 fine. If you have a dangerous dog, you could receive a $3,000 fine if it is not muzzled and controlled on a leash. Also, if you are the person in charge of a dog, you must provide your details to any police officer who asks for them.

You may also need to comply with other requirements if the protest is in a controlled dog area or open dog area under the Conservation Act 1987, National Parks Act 1980 or bylaws made under the Reserves Act 1977.

If you bring an animal, you can be held responsible for its actions.