Andrew Lyall Pointon, 47, was wearing only a pair of shoes when he was spotted by a woman while running at 8.30am in a forest near Tauranga in August last year. She called police and he was arrested during another nude run.
Pointon was charged with offensive behaviour and found guilty in Tauranga District Court last December. An appeal was thrown out in June, but a second appeal has just been upheld in the High Court at Tauranga.
'If it was offensive then God wouldn't have given us genitals,' Mr Pointon said. 'It is a win for all libertarians and a setback for all conservatives in the country.'
The judge compared the situation to passing 'gang members' walking through the park. He said: 'It would not be surprising for a person in the position of the complainant to be concerned and discomforted by their presence, and even to feel threatened.
'However, on any view, their behaviour would not be regarded as offensive behaviour.
'Should the sight of a naked man, in the circumstances in which the complainant found herself, be treated any differently? I think not.'
He added that he felt Pointon was 'a genuine naturist' who had taken measures to avoid disturbing others - such as choosing a time when children would be unlikely to be on the track.
Naturist Mr Pointon said he enjoyed the freedom of not wearing clothes and began running naked about 18 months ago.
The complainant, who was out walking her dog when she spotted Pointon, said she was so offended that she did not wish to ever return to the Oropi Bike Park.
But Pointon lashed out at the woman who complained. He said: 'It's just ludicrous. Has this person got nothing better to do than wasting everyone's time?
'All she saw was a naked man running through the bush. It was just a fleeting moment, which has cost us all.
'It just shows that it was a stupid decision by police to go ahead ... and charge me for something totally irrelevant.'
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