Drawing the line

In 2003, Allister Brooker took issue with how the police had treated him. To make his point he staged a small protest outside the home of a constable he believed was responsible. At 9.20 on a quiet morning, knowing she had just come off a night shift, he stood on the street, singing loudly and strumming a guitar while holding a placard. The police were called and Brooker was arrested for disorderly behaviour under the Summary Offences Act.

- David Harvey

The case made its way to the Supreme Court, which turned it into a defining moment for freedom of expression in New Zealand. The court held that behaviour could only be deemed “disorderly” if it disrupted public order — not merely because it caused annoyance or discomfort. The offence wasn't designed to protect privacy or spare people from offence; it was about preserving public peace.

This did not, however, give protesters free rein to target private homes. But it did mean demonstrations, even outside personal residences, were not automatically illegal. Over the years, politicians and judges have found themselves on the receiving end of such protests, from small vigils to loud, late-night pickets.