Proposed replacement Freedom Camping Bylaw 2021
This statement of proposal is prepared under section 11(5) of the Freedom Camping Act 2011, and section 86 of the Local Government Act 2002.
National consultation on freedom camping changes
The Government has proposed changes to how freedom camping is managed in New Zealand. This may lead to changes to the Freedom Camping Act 2011 and to freedom camping bylaws. Any changes to the Act are not likely to be finalised for some time. This is a separate process to the Council’s bylaw review.
We are required under the current Act to review our bylaw, or it will lapse. It’s important that we carry on with the review process so that we continue to have a bylaw to manage freedom camping.
Under Government legislation, a council must be satisfied that a bylaw is necessary to protect an area; the health and safety of people who may visit the area; or access to an area. It must also be satisfied that the bylaw is the most appropriate and proportionate way of addressing the problems; and that it is not inconsistent with the New Zealand Bill of Rights Act 1990. This is set out in section 11 of the Freedom Camping Act.
The bylaw must be reviewed within five years of first being made, and a council must consult after the review, whether it is proposing changes to the bylaw or not. This is set out in section 13 of the Freedom Camping Act. Our bylaw has been reviewed, and we are recommending some changes through this consultation process.
For information on how the legislative requirements are being met, other than in this Statement of Proposal, refer to the report considered at the Council’s 28 April 2021 Community Resilience and Sustainability Committee meeting. The report considered at that meeting sets out the decision-making matters for the Committee, and includes a review report with the information needed to meet legislative requirements, including area assessments.