Freedom Camping – Coming to a Street Near You

Freedom Camping – Coming to a Street Near You

In 2011 the Freedom Camping Act 2011 effectively allowed Freedom Camping on public land and prevented Councils and the Department of Conservation (DoC) from banning the practice. The Act hands responsibility for managing freedom camping to Councils and DoC.

In 2019 Auckland Council introduced a Proposal to allow freedom camping in certain places, including Reserves. Following consultation, decisions were deferred and a new direction was set.

This new direction is now out for consultation (closes 5/12/21).

New Proposal for Bylaw

Documents can be found here: at https://akhaveyoursay.aucklandcouncil.govt.nz/freedom-camping-bylaw

The “Statement of Proposal” is quite readable and the “Freedom Camping in Vehicles Bylaw” makes it quite clear where freedom camping is not allowed.

This Proposal is fundamentally different from that of 2019 where freedom camping was going to be restricted to certain named parks/Reserves. This time freedom camping is allowed everywhere with the following restrictions:

  1. All land held under the Reserves Act
  2. 45 designated prohibited areas (see Draft Bylaw)
  3. 22 designated restricted areas (see draft Bylaw, use link above)

Certain rules are laid out that govern that only self-contained vehicles are allowed, the number of nights freedom camping can stay, the time the freedom camping has to leave, and the non-return period.

Everywhere else, means everywhere else except where other restrictions (eg standard parking restrictions) come into play.

There is no doubt that there are some positives in the new Proposal:

  1. Protection of Reserves
  2. Restrictions on non-self-contained vehicles
  3. Certain regulations on the stay

But There are Issues

Here are just some of the issues that need to be addressed:

  1. Other than the nominated prohibited/restricted areas; unless another law bans it everywhere else means everywhere:
    1. Outside your house unless you have a parking restriction on your street
    2. On busy commuter routes
    3. Outside Schools and playgrounds
    4. In carparks used for onward commuting by ferry or bus
    5. In carparks used for neighbourhood shops
    6. In car parks used for access to Reserves and Parks – as long as they are not part of the Reserve
    7. Locally examples of where freedom camping will be allowed are the car parks just near Chelsea Sugar Works and parking near Beachaven, Northcote and Birkenhead Wharfs. Examples of other local areas where Freedom Camping will be allowed can be found here – an extract from the Open Minutes of the Kaipatiki Local Board – who are trying to get these areas protected. Some of the locations where freedom camping could take place will surprise you.
  2. Allowing freedom camping anywhere will spread the problem of freedom camping throughout the City rather than limiting it to areas where any issues can be contained and managed more easily. Lots of “little” problems through the city are easier for Auckland Council to ignore than fewer “big problems”.
  3. There is little constancy as to how the lists of 45 prohibited areas and 22 restricted areas were arrived at – for instance certain neighbourhood shopping areas are nominated but other are not.
  4. The roadside is not an appropriate location for freedom camping – road safety of all including campers, amenity value of the ratepayer whose house the camper has parked outside, taking up a park for an Auckland commuter.
  5. There is a provision that a ban on a Reserve can be reversed, the Proposal has no information on how that is achieved eg is notification given allowing a challenge.
  6. The current self-contained certification that Auckland Council relies on is flawed. When one thinks of a self-contained camper what comes to mind is a reasonable sized vehicle with all the mod cons. A small minivan (usually painted green) does not. However, most of these get vehicle certification as there is a port-a-potty under one of the seats. Practice used to be that one of the larger lower cost van rental companies provided a partial cost rebate if the seal on the loo was unbroken upon return. A non-self-contained vehicle is also a wagon with the rear seats folded down.
  7. Whilst the rules of where one can/cannot park and the duration is clear the biggest gap in the Proposal is that it does not address how compliance will be assured and it fails to address the additional budget needed to enforce the rules.

There is an element within the freedom camping community that does not abide by the rules. When the freedom camping issue was being debated in 2019, the press reported the pack nature of some freedom camping and the resultant noise and mess (rubbish bags, toilet waste, etc) that was left behind.

Under the new Proposal, this mess is going to be widely distributed across Auckland unless changes can be made.

The Auckland Council Helpline response time is not able to manage the rules they propose for this Bylaw. Without increased resources and improved processes, the Bylaw will be useless.

ACT NOW and have your say:

You can have your say on the proposal until midday on Sunday 5 December 2021 in the following ways:

What Should You Put in Your Feedback?

It is your choice what to put in your feedback but listed above are lots of reasons why we think you should be worried. Key points to consider are:

  1. The Kaipatiki Local Board are lobbying Auckland Council for improvements, we think your feedback should express support for those efforts
  2. Enforcement Resources need to be detailed. Without effective enforcement, the Bylaw is useless.
  3. Fast track the Bylaw, at least it is better than what is there at the moment. Once lockdowns are lifted it is expected that there will be a large amount of domestic tourists that will need guidance otherwise the chaotic scenes of 2019 will be repeated.
  4. Look at your local neighbourhood and identify possible problem areas should freedom camping arrive and note them in your feedback.
  5. If you are up for it, request an opportunity to speak at one of the online forums.

REGISTER YOUR FEEDBACK TO SUPPORT CHANGES TO THE PROPOSAL

Cover Photo by Hanson Lu on Unsplash