Acting General Manager: Community & Environmental Services PROPOSED FREEDOM CAMPING B YLA W: HEARINGS. Bylaw - hearings.

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1 Tauranga City To: From: Meeting Date: Report No: Title of Report: Strategy & Policy Committee Acting General Manager: Community & Environmental Services 3 August 203 DC 243 PROPOSED FREEDOM CAMPING B YLA W: HEARINGS Purpose of Report: Significance of Decision: Report Writer(s): Bylaw - hearings Not Significant Jane Barnett, Strategic Planner Joanne Gread, Corporate Solictor Summary Presenting the submissions received on the Proposed Freedom Camping Bylaw (including hearing submitters). TCC Ref:

2 Recommendation That it be Resolved (a) That the Acting General Manager: Community & Environmental Services' Report (DC 243) be received. (b) (c) That the submissions on the Proposed Freedom Camping Bylaw be received. Other. Background Proposed Freedom Camping Bylaw 203 At its meeting on June 203, the Strategy and Policy Committee approved the Proposed Freedom Camping Bylaw 203 (Attachment ) for public consultation. (Ml 3/33.6). Under the Freedom Camping Act 20 freedom camping is permitted on any land owned by a local authority unless specifically restricted or prohibited by a Bylaw or any other enactment. Any other enactment includes the Reserves Act 977 and traffic restrictions. For example section 44 of the Reserves Act prohibits camping on a reserve unless camping is permitted under the Reserve Management Plan or Ministerial consent is obtained. Therefore if there is no restriction under another enactment or there is no bylaw prohibiting or restricting the area then freedom camping is permitted in the area. (See Attachment 2 for extracts from the Freedom Camping Act). The purpose of the proposed Bylaw is to set to out the areas where freedom camping is prohibited or restricted, and identify the restrictions that apply to freedom camping. Under the Freedom Camping Act 20, the Council may make bylaws for the following purposes: Defining where freedom camping is restricted (and the restrictions that apply); Defining where freedom camping is prohibited; Regulating freedom camping (which includes the power to issue infringement fines). The proposed Freedom Camping Bylaw 203 is to be made under this Act. Submission Process Submissions opened on Monday 7 June 203 and closed a month later on Friday 9 June 203 at 5pm. The public notice inviting submissions was published in the The Sun on Friday 4 June and Bay of Plenty Times on Saturday 5 June 203. Full copies of the Statement of Proposal including the draft Policy and the submission form were available during the submission period at Council's Willow Street TCC Ref:

3 Customer Service Centre, the Tauranga, Mount Maunganui, Greerton and Papamoa Libraries and on Council's website (underthe "Have Your Say" section). Targeted consultation was also carried out to inform residents living close to the proposed reserves as well as residents of Marine Parade and the Mall. Table one below outlines the targeted consultation carried out. Table : Consultation on the Proposed Freedom Camping Bylaw 203 stakeholder Residents in close proximity to the reserves where freedom camping is proposed to be permitted. Sports clubs and other regular users of active reserves. New Zealand Motor Caravan Association. Owners and residents of properties along Marine Parade and Pilot Bay. All those who submitted on freedom camping issues during the review of the Street Use and Public Places Bylaw 202. Engagement Letter outlining proposed changes Reason Directly affected and/or interested parties. General public Public notices in newspapers, website and libraries/service centre. For information - general public may be interested and wish to submit on the draft Bylaw. Submissions Received 295 submissions were received by the submission close date and attached in Attachment 3. 2 submissions were received after the closing late. Of the 295 submissions received 36 wish to speak to their submission. The hearing schedule is also attached (Attachment 4). 2. Decision-Making Considerations 2. Significance of Decision, issue and Matters The Local Government Act 2002 requires a formal assessment of the significance of matters and decisions in this report against Council's Significance Policy. In making this formal assessment the Strategy & Policy Committee is not seeking to assess the importance placed on this issue by specific individuals, groups, or agencies within the community. Strategy & Policy Committee acknowledges that all reports have a high degree of importance to individuals, groups, or agencies affected by the report. TCC Ref:

4 The matters in this report have been assessed against the Significance Policy. In accordance with the general approach, criteria and thresholds of the policy, the author of this report considers that the: Decision/issue on receiving the submissions on the Proposed Freedom Camping Bylaw is not significant. This conclusion is based on the following factors: Decision/Issue/Matter Significant / Not Significant Reason Decision Receiving submissions on the Proposed Freedom Camping Bylaw 203 Not Significant Decision The hearings on the proposed Freedom Camping Bylaw 203 still part of the Bylaw review and development process. Legal and Regulatory Issues in accordance with section (5) of the Freedom Camping Act, public consultation using the special consultative procedure on the Proposed Freedom Camping Bylaw was carried out. Rebecca Perrett Acting General Manager: Community & Environmental Services 29 July 203 Attachments: Attachment : Proposed Freedom Camping Bylaw tauranga.govt, nz/ Attachment 2: Extracts from the Freedom Camping Act 20 tauranga.govt. nz/ Attachment 3: Submissions to the Proposed Freedom Camping Bylaw Attachment 4: Late submissions Attachment 5: Hearings Schedule TCC Ref:

5 8 Attachment Tauranga City Council Tauranga City PROPOSED FREEDOM CAMPING BYLAW The Freedom Camping Bylaw is made under section of the Freedom Camping Act 20.. Scope and Purpose. The Freedom Camping Act 20 authorises Council to make a Bylaw to define the areas of Council land where freedom camping is prohibited or restricted, and identify the restrictions that apply to freedom camping..2 The purpose of this Bylaw is to define the areas in the District where freedom camping is prohibited or restricted to ensure that: i. areas are protected; ii. the health and safety of people who may visit areas is protected; iii. access to areas are protected..3 The provisions of this Bylaw only apply to land owned and controlled by Council, it does not apply to land owned by other organisations, for example the Department of Conservation and the New Zealand Transport Agency. 2. Interpretation 2. Every Schedule to the bylaw and the several Parts thereof shall be deemed to forni part of this Bylaw. 2.2 Words which refer to the singular include the plural and the plural includes the singular. In this Bylaw: Council means Tauranga City Council or any Committee, Sub committee or elected member of Council or officer or other person authorised to exercise the authority of Council. District means the district of Tauranga City Council. Freedom Camp shall have the meaning set in the Freedom Camping Act 20 or any subsequent legislation in amendment of, or substitution for, the same. Parking Space means a portion of a road or parking area marked out with painted lines for the specific purpose of accommodating a parked vehicle. Reserve means any land classified as a reserve under the Reserve Act 977 or the Local Government Act TCC Ref:

6 3. Freedom Camping on Council Land 3. Freedom Camping is permitted in the areas set out in Schedule, subject to the following conditions being met: (a) (b) (c) (d) (e) (f) (g) (h) (i) Must be in a self contained vehicle displaying a NZS5465:200 Self Containment Certification; Parked in the designated area for freedom camping when camping on a Reserve; Parked legally; No depositing in or around a public litter receptacle of any household refuse; All waste and litter generated must be removed from the area; Do not prevent others from undertaking legitimate activities in the location; Do not stay in any one Reserve or Car Park or in any one Street for more than two nights per calendar month; No lighting of any fires at the site; and Comply with all of the particular restrictions which apply to Freedom Camping at that location set out in Schedule. 3.2 Freedom Camping is prohibited in the areas identified in Schedule 2 4. Offences and Breaches 4. Anyone contravening any part of this Bylaw may be committing an infringement offence and therefore liable for a fine in accordance with the Freedom Camping Act or may be subject to a prosecution. 5. Commencement This bylaw comes into force on DATE. 6. Schedule : Freedom Camping Areas 6. Reserve areas where Freedom Camping is permitted. Reserve Carlton Street Reserve Fergusson Park Gordon Spratt Reserve Greerton Park Macville Park Mitchell Park Pemberton Park Waipuna Park Restrictions Number of other restrictions Freedom Camping vehicles permitted Active Reserves 6 6 Sunday - Thursday Only 6 Sunday - Thursday Only 6 Sunday - Thursday Only 3 Sunday - Thursday Only 2 2 Sunday - Thursday Only 4 Sunday - Thursday Only TCC Ref:

7 Reserve Cambridge Park Harrisons Cut Motiti Reserve Omanu Surf Club Car Park Papamoa Domain Stella Place Taylor Reserve Waikareao Foreshore Beach Road Reserve Kulim Park Marine Park Matua Saltmarsh Maxwells Road Esplanade Rotary Park Tye Park Whareroa Reserve Sulphur Point 0 Restrictions Number of other restrictions Freedom Camping vehicles permitted 2 Coastal Reserves Harbour Reserves Mobile homes allowed in Summer and 6 in Winter (between Easter and Labour Weekend) Neighbour Reserves Graham Park 2 Premier Park Memorial Park 6 Mobile home must be less than 3.5 tonnes Ngatai road end only TCC Ref:

8 Tilby Point W^^E Fergusson Park Tauranga Harbour Beach Road Reserve irifri n\nn n ainwnfi nthisdta Kindv-mrn o^ Tns Council a f epts no ^amvrofis and Ills V m responsibhty to ensure (hp data contained herein Is appropriate snd»rpi ahiplnin annuv ntnndeij TCC Ref:

9 TCC Ref:

10 6,ROAD Proposed Freedom Camping Areas - Bellevue. Tauranga City - GIS TCC Ref:

11 TCC Ref;

12 5 Tauranga Harbour

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14 cc Ret; U

15 /' #' s^ Kopurererua Valley 0= WAIMAPU P*^' A, Approx. Scale: :2500 (ata4) m Proposed Freedom Camping Areas - Greerton. Tauranga City - GIS InformaUon snciwn onlliisplan 5 inoiciiiup onlv Ttie Council itct >pts ng tiabitlv'or l& aecutacv and tt Is vour resnonblblun to ensurn l^atl^e datsccnuined lurrein is approdfialv and applcable lo ine end use inlenrjed 320

16 N S STEPHES^ Approx. Scale: :2500 (atm) m Proposed Freedom Camping Areas - tvlatingatapu. Tauranga City - mformalmr s nmvnonlhispla nh^iniliranvi! ijniv The Co nch arceplsno labimyfor «s sccuiacv an[ sibltn lo ensur? lhat ttie deta omainpd herei i;. dtiproprmlh snd applcabie to the end UM Intended

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18 IVtatBkana Island IVIauao/Mt Maunganui IVIoturiki Island li/lotuotau Island N S Panepane Point \ MOUNT MAUNGANUI Nikau Crescent Bay of Plenty Tauranga Harbour Biake-^o^. ^ Marina Omanu Surf Club Car Park Otumoetai ^^^><i;.vrwv Whareroa^ Point Whareroa Reserve _ J Mount Maunganui Omanu^C^ Omanu Beach ro Tauranga Airport 7 ^ W Legend lkr=i!i'^s I I Mount Maunganui Suburb ^ H Freedom Camping Te Ngaiopapapa Pt Waipu Bay (!)' Approx. Scale: : (at A4 Matapihi Proposed Freedom Camping Areas - IVlount IVIaunganui. Tauranga City- e, ;.^GISr464630_ ^^ Inftinrniinn shnwn nn this plan is inod^alive onhf The Counci accepts no iiabihv foi Its accuracv and it is vour rescoheiblttvlo ensure Iliili llie daly t rmlaiiiea herein is appropnate and appttable to the end UBS intended 3 4

19 ^.JkL7' N W-,#^E V-,*^E S f Harrisons Cut Stella Place V/ Papamoa Papamoa Domain Kairua Bay of Plenty Taylor Reserve n^t COME BAY Gordon Spratt Reserve Beach^"*^^ Motiti Reserve Legend rc I I Papamoa Beach Suburb ^^ Freedom Camping -^ Proposed Freedom Camping Areas - Papamoa Beach. Tatiranga City - Itilsplar BinOK epis n(5 liabmv tof ss atturaty arid rt 6 your resconwoflrty lo ensure tn^t tiib (lata coniaitiut) herein is appropriafe apo applraple to tne end ose inlenoeo i4320 5

20 Road and Car Park areas where Freedom Camping is permitted. Road or car park area Roads with a speed limit of 50 km/hr or less in a residential area (excluding The Mall and Marine Parade between Adams Avenue and Banks Avenue). Residential means the area marked as residential on Map 3. Restrictions Must be parked within the confines of a fomied and marked Parking Space. When angle parking the vehicle must not protrude past the painted lines. Not parked directly in front of a residence or commercial premises Mobile home must be less than 3.5 tonnes Nikau Crescent On roads in a commercial areas with a speed limit of 50km/hr or less. Must be parked on the grass road berm Not parked directly in front of a residence or commercial premises Commercial means the area marked as commercial on Map 3. On roads in industrial areas with a speed limit of 50 km/hr or less. Industrial means the area marked as industrial on Map 3. On roads in rural areas with a speed limit of 50 km/hr or less. Rural means the areas marked as rural on Map 3. On roads in rural residential areas with a speed limit of 50 km/hr or less. Rural residential means the area marked as rural on Map 3. The Strand Northern Reclamation Car Park Hamilton Street North Side Car Park Durham Street West Car Park Devonport Road Car Park Maunganui Road Car Park City Council Administration Car Park Interim Masonic Car Park Dive Crescent Number Car Park Cliff Road Car Park Greerton Road Car Park Papamoa Community Centre Car Park Eleventh Avenue car park Must be parked within the confines of a formed and marked Parking Space. When angle parking the vehicle must not protrude past the painted lines. Not parked directly in front of a residence or commercial premises. Must be parked within the confines of a formed and marked Parking Space. When angle parking the vehicle must not protrude past the painted lines. Not parked directly in front of a residence or commercial premises. Must fit within the confines of a marked and formed Parking Space. When angle parking the vehicle must not protrude past the painted lines. TCC Ref;

21 Legend Roads 2onos -" ' P;irl!S'Rose''\'ss Curiiii-<*.'{;i;]l lndij!>lnal ''. Hesidenluil Rural ^.- < : ' K -. * r ^ Rural Rp», Jf-' -- r -< '' / ^ '. -f" i ^9 H H 7 r - - ' ; ' '. c" - ' -:. '' *.«.-- - * - S 'Mt-..-' "^ r - ' " *, '' - *L ro rfi > I I I I I I ^ ^ I y 0 rri I n i Kt^.TtKion Tauranga District Zones - Tauranga Cily -, \ TCC Ref;

22 / yv /x \ /^' ro / \ TCC Owned Carparks - Mount Maunganui - Tauranga City Councii - D infrmmaeon shown oil this puti is indicalivp rjrrtv I'he Couiinl nixeols no li.ibtlilv tor i!',.iccuracv and It is voor responsihility to ensure that rhe dat.-) contained hereiti m..-ipprt>pri.-il».irtd applicable lo ttie end irse iniended

23 - -, J" ts^^.tt^ Cliff Road Car Park 5 ^ I s < PARK STREET MONMOUTH STREET o s Hamilton Street <q North Side Car Park 2 7 o «o: It;; «/»MILTON STREET Interim Masonic I Car Park zn Dive Crescent Number Car Park li The Strand Northern Reclamation Car Park ui^ City Council '*'"'STREET Administration Car o Park f o ^. ' ' --- a: I fr 77 Jl Til to UJ X >- 7 I ro Durham Street West S^ Car Park «^ 7f^'^^:i / *- Q ^ O «J? ^ ^ ; - b «/ -. ; ff - ^ ' «- ^ o $ "^^^> 7- _ etjaae, ^^s^e^h^': ""fst '"'faroe t ;6:'- Devonport Road Car Park TCC Owned Carparks - Tauranga CBD - Tauranga City Council - N ts.r,tertr3t.0".tto«nor* iplarii*.ndic«tiv» Oily The Counc ac4:«cre no iul> ilty fo' ts >:ctj '»ey»na-xi youf rescw^'oiwy «ensu-» h«(i*'j ocirn*>n»0 rwii* jpprooa»w JtnO jpprcjibt* tc Iti* cm a U»* ITM'-MMti TCC Ref:

24 -. ^ - fl '.. " -..' > ""-.-' >^:> "--.., ^, /' / "V.., /'., -. - '':>-.. " ~-.. ^- ''" ' ^~~^-.>.' '" -. - " -. ^ " - ^' :5^...'" ". ^ / ~ - - " W --. ^. "^-V- -:: , y -., /. : ' / (J T :>;,_ --y ' ". '"'^-. - ^ - - ^ "-. _.' '"' '; Greerton Road A " H^ ^^^arpark /' ro -' / - '-. / "-- ^ r ^ ' ', ' ' ' -, / ' :, ', ' ' - > ' "'7>.- ' ' '- ' ' ' %v(.» "' " ',7 X. -<:. %v /. ' " - ' -,. - -.! i >.,. - - ' - " ''. / ' " ' ' / I D V tta ^""" *^.,,. rz^ ^.. TCC Owned Carparks - Greerton ^ [Q Tifofn-abixi mown on -Jii» ri»n ii ^nokttn,-^ only Tri»Couni:ii»w;*Maf^D iijl>irtyfo"h acoufscy ana K is you' rf sponsioilitv ra erwu-^ - Tauranga City Council - ^Sr jflo JsptKiwa ro tn* vna ui* irt«r-a»- ^ ^ TCC Ret:

25 .. _ ' ' -. "... / -... " ^ - -,.. " ' ^ - ^... - X,.. «. _ ~i _- - ^ "! 'x X X 2. rii <;>Ay KEY z < %' SANTA M - - :- - \ *<>, E X $ -.. ^ ] - ^ Papamoa Comnnunity Centre Car Park ^^^m wkikl/kkii^^ GRAVATT ROAO ~ --' 'l 2' r. '"-'"^-. X^ X \ 6l fp' ro CC' HEACH WATER ORrve " I- I ' " - ' \ - '..7l ^ ^. = ~ ~ v TCC Owned Carparks - Papamoa Library N Bfl «M,' r^k-^'viiu»:<«f4t iv> t.v>«i t>- «^^H «rjt«r^ are n ^>ci> ii; >3->r t*>'r<*yj<a TCC Ref;

26 - - ' - / C«)r Park ^ ^ ^, / / ro ^^ X " '\, ^A. * ^ - = TCC Ov/nod Carparks - Eleventh Aver^ue "^fc- ^^>.' C'^r i.'tv-v ^ m TCC Ref;

27 30 7. Schedule 2: Prohibited Areas 7. Reserve areas where Freedom Camping is prohibited. Prohibited Reserve Areas Arataki Park Links Avenue Reserve Matua Park Moriand Fox Park Selv^/yn Park Tauranga and Wharepai Domains Te Wati (Maungatapu) Park Bellevue Park Blake Park Sunbrae Grove Reserve Bay Street Reserve Dive Crescent Reserve Turret Road Reserve Wikitoria Reserve Churchill Park Faulkner Park Gate Pa Domain Monmouth Redoubt Robbins Park Te Auhi Reserve Pataka O Nga Tupuna Reserve Milford By the Sea Historic Reserve Teal Reserve Botanical Road Reserve Ohauiti Reserve Owens Park Yatton Park Bell Street Reserve Tom Muir Drive Reserve Cliff Road Green Kopurererua Valley Sydenham Botanic Park Gordon Carmichael Reserve Extension Soper Reserve Tatua Reserve Anzac Park May Street Reserve Reserve site at 400 Maunganui Road, Mount Maunganui Gordon Carmichael Reserve Awaiti Reserve Johnson Reserve Saltmarsh TCC Ref:

28 CO TCC Ref;

29 May Sr**t Tatua Re»erve Sopfrr X X X \ Antabi Parle Sunbra* Grov* Re»srv«CO /..«^> / -rx Pataka O Nga Tuput^ R*»ervc MitfofTl By ttta Sea H(»tor»e Reserve T«Watt (Mauntiatapu) Park Prohibited Reserves In Papamoa and Mount Maunganui - Freedom Camping -4^ TCC Ref:

30 Road areas where Freedom Camping is prohibited. Road Type All roads with a speed limit over 50 km/hr Definition The Mall Marine Parade between Adams Avenue and Banks Avenue All service lanes in the Tauranga District. 7.3 Additional Council owned land areas where Freedom Camping is prohibited. Prohibited Areas All Council drainage and stormwater reserves, reservoirs, pump stations and ponds All Council Leased areas - including community centres and halls which are under the control of a third party Council land which is not possible or practicable for vehicles to access, for example some esplanade reserves and areas of bush, islands, Mauao and walkways Cemeteries Neighbourhood reserves without formed car parks TCC Ref;

31 Attachment 2 34 Freedom Camping Act 20 0 Where freedom camping permitted Freedom camping is permitted in any local authority area unless it is restricted or prohibited in an area (a) (b) in accordance with a bylaw made under section ; or under any other enactment. Freedom camping bylaws () A local authority may make bylaws (a) (b) defining the local authority areas In its district or region where freedom camping is restricted and the restrictions that apply to freedom camping in those areas: defining the local authority areas in its district or region where freedom camping is prohibited. (2) A local authority may make a bylaw under subsection () only if it is satisfied that (a) the bylaw is necessary for or more of the following purposes: (i) (ii) (iii) to protect the area: to protect the health and safety of people who may visit the area: to protect access to the area; and (b) the bylaw is the most appropriate and proportionate way of addressing the perceived problem in relation to that area; and (c) the bylaw is not inconsistent with the New Zealand Bill of Rights Act 990. (c) revoking a bylaw made under this section. TCC Ref: