About: Brooker v Police

Brooker v Police was a case in the Supreme Court of New Zealand that concerned the meaning of "behaves in [a] disorderly manner" under section 4(1)(a) of the Summary Offences Act 1981 in light of s 14 of the New Zealand Bill of Rights Act 1990 which protects freedom of expression. The majority of the Supreme Court overturned the previous test for disorderly behaviour "which found the offence proven where behaviour was so annoying that "right-thinking members of the public" could not be expected to tolerate it"; and set aside Allistair Brooker's conviction for disorderly behaviour. Justices McGrath and Thomas in the minority argued that the right to freedom of expression should be balanced against a citizen's right to privacy in their own home.