There has been much coverage and activity recently about the issue of freedom camping in New Zealand and on the Coromandel.
The Government has introduced legislation this year to help Councils enforce their camping rules and as a result we've had to change our bylaw and policies.
A short history of the recent changes and upcoming dates:
- July 2011: We amended our bylaw to ensure we could use the new Government legislation straight away.
- August 2011: The Government passes the Freedom Camping Act 2011 into law
- September 2011: We started work on a brand new Freedom Camping Bylaw and Policy (the legislation requires us to come up with a new policy and bylaw).
- 30 September 2011: The proposed policy and bylaw will be open for public consultation.
- 31 October 2011: Submissions close
- 30 November - 1 December 2011: hearings
- 14 December: Council decision.
- 14 December: Effective date of new Policy and Bylaw
Frequently Asked Questions?
Why did our 'freedom camping' bylaw need to be changed in July?
The changes have been made to allow our bylaw to be included in the Freedom Camping Act that was passed into law in August 2011.
The purpose of this legislation is to address the negative effects of freedom camping.
The new law allows us to enforce our own bylaw more effectively and efficiently, ensuring all camping complies with our local rules on the Coromandel.
What were the changes to the bylaw?
Definition Changes:
OLD: Camping = Means sleeping in any public place overnight.
NEW: Camp = Means to stay overnight, or more than 1 night, at any public place — (a) using a building, tent, or other structure; or (b) using a boat, or a car, campervan, caravan, or other vehicle
NEW: Licensed camp ground = Means a camping ground that is the subject of a current certificate of registration under the Camping Ground Regulations 1985.
Clause Changes:
OLD 203.5 = (A person shall not) Camp in an area not set aside for the purpose. In this context camping shall include the use of any vehicle for sleeping whether or not it is specially set out for sleeping.
NEW 203.5 = (a) A person must not camp in any public place. (b) Subclause (a) does not apply if the person is camping— (i) at a licensed camping ground; or (ii) at a location identified in Schedule B and they are complying with all conditions attached to the use of that location; or (iii) with the written consent of an authorised officer and is complying with all conditions attached to that written consent. (The authorising officer must get approval from the Chief Executive and a Community Board Chair).
You've just updated the bylaw, why do you need to review it again?
The new legislation requires all Councils to review and update their freedom camping bylaw within 12 months. We have decided to review ours quickly before our peak population arrives here in December and January.
What is the current status of freedom camping on the Peninsula?
Our current bylaw states that it is illegal to camp in a public place on the Peninsula.
What is Schedule A?
In our draft bylaw, this is all the areas where freedom camping is prohibited. It includes all urban areas and other known "hotspots".
What is an Urban Area?
Urban area means any location where the permanent speed limit is set at no more than 70 kilometres per hour.
What is Schedule B?
In the Government legislation, Councils are required to list the areas in their district where freedom camping is permitted (with any conditions of use).
Schedule B is attached to our amended bylaw (and in the proposed new one).
Currently there are no locations in the proposed "Schedule B". Community Boards have been tasked to investigate potential options for Schedule B in the future.
What are the problems with freedom camping and how will the new legislation help?
The Freedom Camping Act gives Councils better tools for enforcing their own Freedom Camping bylaws.
Introduction of a $200 instant fine
Currently, a prosecution for illegal freedom camping requires a court prosecution and costs around $3000. Councils cannot justify this cost to the ratepayer, except in extreme cases, and therefore enforcement is difficult. The new instant fine regime will fix this.
Tickets can be issued to vehicles
The second problem is that only a person can be prosecuted – not a vehicle. It is impractical and costly for a council official to wait around until a person appears or to try and enter a campervan. The new law allows tickets to be issued to vehicles just like parking tickets.
Same rules for all
The third practical problem is differentiating the exact legal boundaries in rural areas between council properties and Department of Conservation reserves. The new law has all the same rules for both and enables cross recognition of enforcement officials.
Rental companies will keep better records
The final problem is rental car companies either not keeping records of people's addresses or refusing to provide them. The new law requires rental car companies to keep the records to enable fines to be collected from offenders.
Background Reading
Download our freedom camping information brochure
Read the current Bylaw (refer to the tracked changes in the margins - these are the changes from the old bylaw).
Read some FAQs from the New Zealand Government regarding Freedom Camping
Read the Freedom Camping Act