Freedom Camping Bylaw 2021

1. Short title and commencement

1. This bylaw is the Christchurch City Council Freedom Camping Bylaw 2021.

2. This bylaw comes into force on 1 December 2021.

2. Purpose

1. The purpose of this bylaw is to control freedom camping in the district in order to:

1. protect local authority areas;
2. protect the health and safety of people who may visit local authority areas;
3. protect access to local authority areas.

Explanatory note: This bylaw applies only to land under the control or management of the Council and within the Christchurch district, including Banks Peninsula.

3. Interpretation

(1) In this bylaw, unless the context otherwise requires:

The following terms have the same definitions as in the Act:

2. This bylaw contains explanatory notes, which are not part of the bylaw. The Council may add, amend or delete explanatory notes at any time without amending the bylaw.

Explanatory note: Explanatory notes are used for a number of reasons, including to explain the intent of a clause in less formal language, to include additional helpful information, or because the information may be subject to change and need to be updated before the bylaw itself has to be updated.

4. Local authority areas where freedom camping is permitted

1. Freedom camping is permitted in any local authority area within the district, unless it is prohibited or restricted by this bylaw or by any other enactment or bylaw.

Explanatory note: Compliance with this bylaw does not remove the need to comply with all other applicable laws. This includes: no camping in Council parks and reserves (unless the land is set aside as a camping ground); complying with parking restrictions and time limits; not littering; not lighting fires in breach of any fire restrictions; not making excessive noise; and complying with the directions of enforcement officers.  The Freedom Camping Act 2011 contains further offences in relation to freedom camping.

5. Prohibited activities

1. No person may freedom camp in any local authority area in any tent, temporary structure, or in any vehicle that is not a certified self-contained vehicle, unless:

1. the area is set aside as a camping ground; or
2. the person has prior permission from the Council for an organised event under clause 9 of this bylaw.

6. Prohibited areas

1. No person may freedom camp in any prohibited area.

2. Prohibited areas are described in Schedule 1 of this bylaw and are shown in red on maps in Schedule 2 of this bylaw.

7. Restricted activities

1. Any person may freedom camp in a restricted area, subject to the following conditions:

1. the freedom camping must only take place in a certified self-contained vehicle; and
2. the maximum stay in any location is two nights within a 30-day period; and
3. the location must not be within 500 metres of a location where the person has previously freedom camped within a 30-day period. 

2. Subclauses 1(b) and 1(c) do not apply to the restricted area known as the City Coastal Restricted Zone. In that restricted area, any person can freedom camp in a certified self-contained vehicle for up to four nights within a 30-day period, with no more than two nights in the same place.  There must be a distance of at least 500 metres between one camping location and the next.

Explanatory note: This means a maximum stay in the City Coastal Restricted Zone of four nights within any 30-day period, and at least one change of location within those four nights.

3. Where there are marked parking spaces in a restricted area, no person may:

1. park in a parking space where a camping vehicle is already parked (one camping vehicle per marked parking space); or
2. take up more than one parking space with their camping vehicle, equipment or activities.

Explanatory note: If there is space for the combination of a towing vehicle and a towed camping vehicle within a marked parking space, there is no breach of subclause 7(3).

4. No person may set-up their camping vehicle or camping equipment in such a way that it impedes the normal movement of vehicles or pedestrians, or otherwise blocks a thoroughfare.

Explanatory note: Subclauses (3) and (4) are to prevent overcrowding and the overflow of camping activities into public areas. Camping activities and equipment should not encroach into the surrounding area in a way that limits public access or parking availability, or raises safety concerns. Public areas where freedom camping is allowed are not intended to accommodate traditional camping set-ups (eg awnings, washing lines, cooking equipment, and tables and chairs) – these are better suited to camping grounds.

8. Restricted areas

1. Restricted areas are described in Schedule 1 to this bylaw and are shown in orange on maps in Schedule 2 of this bylaw.

9. Prior permission from the Council for an organised event

1. The Chief Executive may temporarily waive or modify the freedom camping restrictions or prohibitions in this bylaw to enable camping for an organised event.

Explanatory note: This clause is intended to enable flexibility so that freedom camping can occur as part of an organised event, where the Chief Executive considers it appropriate.  The Chief Executive has full discretion to grant or decline an application for permission. The type of events it may apply to include, but are not limited to: scout and guide events; sporting and club events; marae-related events; community and school events.

2. The organiser of the event must apply to the Chief Executive for permission. An application for permission must:

1. be made in writing, in the form required, and contain all necessary information to consider the request;
2. provide sufficient detail about the event, including: the proposed camping location, intended dates of stay, number of people, method of freedom camping, and information about how human and other waste from the event will be managed; and
3. be made at least 20 working days in advance of the event.

3. The Chief Executive may give permission or decline an application.

4. If permission is granted, the Chief Executive may impose any conditions they consider appropriate:

1. to minimise the likely impacts from the event; and
2. that are consistent with the purpose of this bylaw.

5. If an application is declined, the applicant will be informed of the reasons for the decision.

6. The permission may be revoked by an enforcement officer if any person breaches the conditions specified in the permission or otherwise breaches this bylaw.

10. The Council may temporarily close an area to freedom camping

1. The Chief Executive of the Council may temporarily close or restrict freedom camping in any area or part of any area where the closure or restriction is considered necessary to:

1. prevent damage to the local authority area or facilities in the area; or
2. allow maintenance to the local authority area or facilities; or
3. protect the safety of persons or property; or
4. provide for better public access, including in circumstances where events are planned for that area.

2. Notice will be given of any temporary closure or restriction, and the removal of any closure or restriction, in any manner the Chief Executive considers is appropriate to the reason for the closure or restriction.  Prior notice of any temporary closure or restriction will be given where possible.

Explanatory note:  Notice given by the Council may include any of the following: a sign erected in the area; and/or advertising on the Council’s website or on the radio; and/or a public notice in the newspaper.

11. Christchurch City Council General Bylaw

1. The provisions of the Christchurch City Council General Bylaw 2008 and any bylaw passed in amendment or substitution are implied into, and form part of this bylaw.

12. Offence and penalty

1. As specified by section 20(1) of the Act, every person commits an offence who freedom camps in a local authority area in breach of any prohibitions or restrictions in this bylaw that apply to the area.

2. Every person who commits an offence under section 20(1) of the Act is liable to an infringement fee (fine) of the amount specified in the Act.

Explanatory note: The infringement fee in the Act is $200. Other offences set out in the Act include things such as not properly disposing of waste (including from self-containment wastewater tanks), damaging or interfering with the flora and fauna in an area, preparing to freedom camp in breach of a bylaw, and obstructing or threatening an enforcement officer.  Infringement fines may also apply under the Litter Act 1979, including a higher fine for dumping offensive or hazardous waste.Section 22 of the Act sets out defences to a freedom camping offence.

13. Revocations and savings

1. The Christchurch City Council Freedom Camping Bylaw 2015 is revoked.

2. Any permission, consent, agreement or any other act of authority which originated under the Christchurch City Council Freedom Camping Bylaw 2015, or which was continued by that bylaw and which is still in force at the commencement of this bylaw continues to have full force and effect for the purpose of this bylaw.

3. This bylaw is implied into and forms any part of any permission, consent, or any other act of authority continued by this clause.

4. The revocation of the Christchurch City Council Freedom Camping Bylaw 2015 does not prevent any legal proceedings, criminal or civil, being taken to enforce that bylaw and such proceedings continue to be dealt with and completed as if that bylaw had not been revoked.

The initial resolution to make this bylaw was passed by the Christchurch City Council at a meeting on 13 August 2015 and was confirmed, following consideration of submissions received during a special consultative procedure, by a resolution at a subsequent meeting of the Council on 26 November 2015.

The bylaw was amended by the Council on 2 November 2016, and the amendments came into force on 1 December 2016.

The bylaw was amended by the Council on 8 November 2018, and the amendments came into force on 1 December 2018.

The 2015 bylaw was reviewed and replaced with the Freedom Camping Bylaw 2021 on 11 November 2021, which came into force on 1 December 2021.

 Prohibited areas

Restricted areas

There are three ways to access the maps.

An interactive map can be found on our camping page.

The maps can be accessed by clicking on the links in the table above(external link), or a complete copy of the Schedule 2 maps can be viewed by downloading the Freedom Camping Bylaw 2021 with maps and descriptions [PDF, 2.3 MB].