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Begging and busking: By-laws and legal rights

Key Takeaway

Begging itself is not generally illegal in New Zealand, but associated behaviours like obstruction or aggressive conduct may be. Busking is typically regulated by local council by-laws, which often require permits, set noise limits, and designate specific performance areas. The right to freedom of expression exists but can be reasonably limited by law.

Begging and Busking: Understanding Legal Rules in New Zealand

In New Zealand, the activities of begging and busking in public places are subject to various legal provisions, primarily through national legislation and local council by-laws. While there is no general prohibition on begging itself, associated behaviours may be unlawful. Busking, as a form of public performance, is generally permitted but often regulated by local authorities.

General Legal Framework

Fundamental to understanding rights in public spaces is the New Zealand Bill of Rights Act 1990. This Act states that everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form [Source: New Zealand Bill of Rights Act 1990, s 14]. However, this right is not absolute and may be subject to reasonable limits prescribed by law that can be demonstrably justified in a free and democratic society [Source: New Zealand Bill of Rights Act 1990, s 5].

Begging

There is no specific New Zealand law that explicitly criminalises begging in all circumstances. However, certain behaviours associated with begging can constitute offences under the Summary Offences Act 1981 or may be regulated by local council by-laws.

  • Obstruction: It is an offence to obstruct any public place or any part of a public place without reasonable excuse [Source: Summary Offences Act 1981, s 22(1)(a)]. A public place means any place that is open to or is being used by the public, whether or not a charge is made for admission; and includes any ship, hovercraft, or aircraft, any part of a ship, hovercraft, or aircraft, and any vehicle, that is in or on a public place [Source: Summary Offences Act 1981, s 2]. If begging impedes pedestrian traffic or blocks access, it could fall under this provision.
  • Disorderly or Offensive Behaviour: While less directly applicable to begging itself, behaviour that is genuinely disorderly or offensive in a public place can constitute an offence [Source: Summary Offences Act 1981, ss 29, 45]. This would typically involve actions beyond merely asking for money, such as aggression, intimidation, or using offensive language.

Busking

Busking, the act of performing in public for donations, is generally permissible but is largely regulated at the local level through council by-laws. Councils derive their power to create by-laws from the Local Government Act 2002 [Source: Local Government Act 2002, s 145].

Local council by-laws often specify rules for busking, which can vary significantly between different cities and districts. These may include:

  • Permits or Licences: Many councils require buskers to obtain a permit or licence before performing in public spaces [Source: Local Government Act 2002, s 145].
  • Designated Areas: Some by-laws may restrict busking to specific zones or prohibit it in certain areas, such as near residential buildings or particular commercial establishments [Source: Local Government Act 2002, s 145].
  • Noise Restrictions: Limits on volume and the use of amplification equipment are common to prevent nuisance [Source: Local Government Act 2002, s 145].
  • Duration and Times: By-laws may specify the maximum duration of a performance or the times of day when busking is permitted [Source: Local Government Act 2002, s 145].
  • Obstruction: Similar to begging, busking that causes obstruction to public passages or entrances can lead to an offence [Source: Summary Offences Act 1981, s 22(1)(a)].

Individuals intending to busk should consult the relevant city or district council's official website for specific by-laws applicable to their area. A by-law is a law made by a local authority (like a city or district council) that applies only within its geographical area.

When to Seek Independent Legal Advice

Individuals seeking specific information regarding their rights and obligations concerning begging or busking in a particular New Zealand location, or if facing legal issues related to these activities, should consult with a qualified legal professional. Further assistance can be obtained through services like Community Law Centres.

Key Resources