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New Draft Freedom Camping Bylaw

Here is the Paper that goes to Council on Wednesday covering the new draft FCB (Freedom Camping Bylaw) that is required as a result of the Judicial Review sought by the NZMCA (NNZ Motor Caravan Association).

Note that decision is still awaited - it was expected some weeks ago - Heaven only knows why it is taking this long - the Judge appeared to make his feelings on the matter quite clear during the hearing. 

The reversal of TCDC's position to one of permitting camping on all Council controlled or managed land, except where forbidden for one of three highly restricted purposes:

1. To protect the area

II.     To protect the health and safety of people who may visit the area

III.    To protect access to the area

is now complete.

And here is what 'Freedom Camping' means under the Act:

to camp (other than at a campground) using a tentor other temporary structure; a caravan; a car, campervan, housetruck, or other motor vehicle. Freedom camping does not include:

a) temporary and short-term parking of a motor vehicle

b) recreational activities commonly known as day-trip excursions

c) resting or sleeping at the roadside in a caravan or motor vehicle to avoid driver fatigue. 

It will also be necessary to revoke sections of the Public Places By-Law, and the Parking Control By-Law that are also considered to be in conflict with the Act. 

Note that the Draft has been based on the model by-law prepared by NZMCA and its lawyers - Chen Palmer, in consultation with with DoC, and the Department of Internal Affairs. 

Consultation will be required on all this - from 30 June to 4 August with final adoption on 17 September. One can only hope that they have managed to get it right this time. 

The Schedules to the Paper contain the detailed information regarding the areas proposed to be controlled. I have not examinde these as yet - comments are welcome on any of the proposals.




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Reader Comments (1)

The reserve management plans for TCDC will also have to be reviewed, should TCDC "permit" freedom camping in legally classified reserves. Nearly all of them ban camping in reserves, unless a designated campground (such as Long Bay of Tapu). By law this is a public process.

June 22, 2014 | Unregistered CommenterSailing Away

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