Summary Offences Act 1981

Offences against public order

4: Offensive behaviour or language

You could also call this:

"Behaving badly or using offensive language in public can get you in trouble"

Illustration for Summary Offences Act 1981

You can get in trouble if you behave in a way that offends others in a public place. You might be fined up to $1,000 if you do something offensive or disorderly in a public place. You can also be fined if you say something to someone to threaten, alarm, insult, or offend them. You can be fined up to $1,000 if you use threatening or insulting words in a public place and do not care if someone is alarmed or insulted. You can also be fined if you say indecent or obscene words to someone in a public place. If you use indecent or obscene words in a public place, you can be fined up to $500. When a court decides if words are indecent or obscene, they think about all the circumstances at the time, including if you thought the person would not be offended. You have a defence if you can prove you thought no one would hear your words. This law does not apply to things like films or videos that are classified under the Films, Videos, and Publications Classification Act 1993.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM53500.

This page was last updated on 11 December 2025 — View changes

Topics:

Crime and justice > Police and safety

3: Disorderly behaviour, or

"Behaving badly in public can get you in trouble"

5: Disorderly behaviour on private premises, or

"Causing trouble with others on private property can lead to fines or prison time."

4Offensive behaviour or language

Every person is liable to a fine not exceeding $1,000 who,—
in or within view of any public place, behaves in an offensive or disorderly manner; or
in any public place, addresses any words to any person intending to threaten, alarm, insult, or offend that person; or
in or within hearing of a public place,—
1. uses any threatening or insulting words and is reckless whether any person is alarmed or insulted by those words; or
2. addresses any indecent or obscene words to any person.

Every person is liable to a fine not exceeding $500 who, in or within hearing of any public place, uses any indecent or obscene words.
In determining for the purposes of a prosecution under this section whether any words were indecent or obscene, the court shall have regard to all the circumstances pertaining at the material time, including whether the defendant had reasonable grounds for believing that the person to whom the words were addressed, or any person by whom they might be overheard, would not be offended.
It is a defence in a prosecution under subsection (2) if the defendant proves that he had reasonable grounds for believing that his words would not be overheard.
Nothing in this section shall apply with respect to any publication within the meaning of the Films, Videos, and Publications Classification Act 1993, whether the publication is objectionable within the meaning of that Act or not.

Compare

1927 No 35 ss 3D, 48
1954 No 50 s 40(1)
1967 No 154 s 2(1)

Notes

Section 4(1): amended, on 1 January 1998, by section 7 of the Summary Offences Amendment Act 1997 (1997 No 97).
Section 4(2): amended, on 1 January 1998, by section 7 of the Summary Offences Amendment Act 1997 (1997 No 97).
Section 4(5): added, on 1 October 1994, by section 150(1) of the Films, Videos, and Publications Classification Act 1993 (1993 No 94).