Proposed Freedom Camping Bylaw
Freedom Camping Bylaw 2023 adopted
Submissions on the draft Freedom Camping Bylaw 2023 closed on 4 August, with hearings held on 14 September 2023. Thank you for all of the feedback received.
The new Freedom Camping Bylaw 2023 came into force on 16 October 2023.
Introduction
Taupō District Council has a Freedom Camping Bylaw to manage and allow freedom camping in certain areas of the Taupō District. The bylaw provides information and controls for prohibiting freedom camping in incorrect spaces in the district as well as how to correctly and respectfully utilise spaces dedicated specifically for freedom camping. We are reviewing our Freedom Camping Bylaw and have made some changes. These proposed changes, as well as information on how you can give us feedback, are set out below.
About the bylaw
Bylaws are enacted under the Local Government Act 2002 which requires that all bylaws be reviewed five years after the day when first enacted and then every 10 years after that. If a bylaw is not reviewed within the required timeline, it is then revoked two years after the review due date and is no longer applicable.
We have started a review of our Freedom Camping Bylaw because it was first enacted on 16 November 2017 and is due for review. Our initial review has raised some issues and led us to propose changes to this bylaw as set out in the next section.
The bylaw in its current form works well. However, due to proposed legislative changes to the governing legislation being worked on by Central Government for freedom camping, changes need to be made to the definitions found in the bylaw.
Another proposed change is the removal of a site in the existing bylaw due to the lack of use by campers and it being used by the local charitable trust for a range of purposes.
This statement of proposal has been prepared in accordance with the requirements set out in section 83 of the Local Government Act 2002.
Council’s proposal
Appropriateness of the bylaw
Freedom camping has become a popular option for visitors throughout New Zealand and offers an affordable holiday for domestic and international visitors. In the Taupō District there has been a noticeable increase in the presence of freedom campers in recent years, which has raised concerns about whether there is an appropriate management regime in place.
Communities need to be able to control the spaces where freedom camping can occur to protect local authority reserves, the health and safety of people visiting, and the access to these local authority areas. While safety is important, restrictions need to be balanced with people’s rights and freedom.
Council has considered the proposed Freedom Camping Bylaw included with this Statement of Proposal and has determined that:
- A bylaw is the most appropriate way of limiting misuse and neglect to local authority areas designated for freedom camping within the district.
- The proposed bylaw is the most appropriate form of bylaw for the purposes of consultation, and
- It is acknowledged that the proposed bylaw may have implications under the New Zealand Bill of Rights Act 1990, however Council has determined that any potential infringement of these rights is justified in managing the safety and wellbeing of those within the district.
Purpose of the bylaw
The purpose of this bylaw is to manage freedom camping in parts of the Taupō District to ensure that, where necessary:
- Local authority reserve areas are protected;
- Health and safety of people visiting the local authority areas are protected, and
- Access to the local authority areas is protected.
The proposed bylaw changes
1. Addition of Reserves Act 1977 Prohibited Areas as an advisory note
The current bylaw lacks clarity on the specific areas where camping is prohibited under the Reserves Act 1977. To address this, TDC officers recommend inserting an advisory note to let people know about these areas together with the relevant website link. This change will ensure that campers have a clear understanding of where they are allowed to camp.
2. Removal of Whakamaru Domain as an Open Freedom Camping Site (see figure below)
It is proposed to remove the open freedom camping site on the Whakamaru Domain because:
- The primary use of the field is for grazing, cropping, and motocross, by the Mangakino Central Charitable Trust and it is not suitable for camping that is not self-contained i.e. using tents. This varied use of the space creates concern for both health and safety and potential negative visitor experience.
- It is infrequently used for camping purposes of all types and other sites located nearby are far more popular.
