Justice Blanchard also held that Brooker's behaviour was not disorderly noting, "In my view Mr Brooker's question [to a police officer outside Croft's house] "Is it disorderly yet?" was in point. My answer would be in the negative."Brooker v Police [2007] NZSC 30 at [70]. Similarly to the decision of Elias CJ, Blanchard J observed, [S]omeone should not be convicted of disorderly behaviour unless there has been a substantial disruption of public order in or about a public place, although that disruption does not have to have created or been likely to create a breach of the peace. Causing annoyance, even considerable annoyance, to citizens does not suffice.Brooker v Police [2007] NZSC 30 at [63].
