STATEMENT OF PROPOSAL DISTRICT FREEDOM CAMPING BYLAW 2011
1. Background 1.1 Reasons for the Proposal Sections 145 and 146(b)(vi) of the Local Government Act 2002 (LGA02) and section 12 of the Litter Act 1979 empower the Council to make a bylaw for the District for the purposes of: - protecting the public from nuisance; - protecting, promoting, and maintaining public health and safety; - minimising the potential for offensive behaviour in public places; and - managing land under control of the Council from misuse. 1.2 What is the problem the Bylaw is intended to address? People are camping overnight on road reserve, public land and Council reserves and not using the camping grounds provided. This has at times created a public nuisance, and a risk to the health and safety of both the public and the people who are camping. It has potential to adversely affect the environment if unrestricted. The current bylaws do not adequately provide for control of freedom camping. Council can issue a trespass notice for camping on Council reserve, which serves notice that a person is not permitted on the reserve for a specified period of time. However, if the person breaches that trespass notice it becomes a criminal offence, which requires Police intervention. Council is not able to issue a trespass notice for camping on legal road. The only option is to encourage people to move to a campground. 1.3 Options to address the problem (a) Do nothing If nothing is done the Council s ability to protect the public from the potential for nuisance, litter and public health issues caused by freedom camping will continue to be limited. (b) (c) Bylaw Sections 145 and 146(b) of the LGA and section 12 of the Litter Act give Council powers to make a bylaw for the purpose of regulating and managing the effects of freedom camping on the public and the environment, and where necessary, prohibiting freedom camping. Public education The Council provides information on camping options in Nelson, including freedom camping sites, via the freedom camping forum, the NZ Motor Caravan Association and the i-site information centre, and publishes the information in brochures and on the Council website.
(d) Provision of sites where free camping is permitted. The Council recognises there is ongoing demand for freedom camping, and will continue to investigate opportunities to provide for this activity. 1.4 Legal provisions Sections 145 and 146(b)(vi) of the Local Government Act 2002 (LGA02) and section 12 of the Litter Act 1979 empower the Council to make a bylaw for the District for the purposes of: - protecting the public from nuisance; - protecting, promoting, and maintaining public health and safety; - minimising the potential for offensive behaviour in public places; and - managing land under control of the Council from misuse. 1.5 Is the proposed bylaw the most appropriate form of bylaw? The bylaw meets the following tests: - it is authorised by statutory authority, by sections 145 and 146(b)(vi) of the Local Government Act 2002 and section 12 of the Litter Act 1979. - the bylaw is not repugnant to the general laws of New Zealand. - the bylaw is certain and provides clear direction. - the bylaw is reasonable. - the bylaw is not overly restrictive, onerous on any person, or impractical. - 1.6 Does the proposed bylaw give rise to any implications under the New Zealand Bill of Rights Act 1990 (NZBORA)? Part 2 of the NZBORA sets out 20 rights that are affirmed and protected under the NZBORA, subject to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society (section 5 of the NZBORA). Sections 16 (freedom of peaceful assembly), 17 (freedom of association) and section 18 (freedom of movement) of the NZBORA are particularly relevant. It is considered that the proposed bylaw is consistent with these sections and is a reasonable response to freedom camping by allowing people to visit, but not stay overnight in certain places, where public nuisance, and public health and safety issues may arise 2. The Draft Bylaw In adopting the draft bylaw for public consultation the Council was required to consider whether there was a problem or whether a situation involving freedom camping in public places could arise which needed to be addressed. The Council considered that if there were no controls on the types of overnight camping that could be carried out in public places freedom
camping could occur on road reserve and in public reserves, with potential to result in public nuisance, risks to the health and safety of both the public and the people who are camping, and adverse effects on the environment. The Council felt that this would be unfair to residents affected by uncontrolled freedom camping occurring near their homes and in the local environment. The Council also considered that it was desirable that people who choose to freedom camp should be restricted to specific areas where the effects of these activities can be managed. The draft bylaw is considered to be appropriate to deal with these matters. The bylaw is intended to apply to both self-contained and nonself-contained camper vehicles, tents and other structures. 3. Summary of Provisions Nelson City Council recognises the importance of tourism to Nelson s local economy. If we are unwelcoming to people who wish to freedom camp we run the risk that potential visitors will avoid Nelson. While many freedom campers may try to save money on accommodation costs, they also spend this saved money on groceries and activities and support the region s economy. To minimise potential environmental and health effects and for the visitors personal safety, the proposed bylaw requires campers with selfcontained and non-self-contained vehicles to either use camping grounds or to restrict their stays to sites detailed in Schedules 1 and 2. These sites listed as permitted are also shown on Nelson City Council s website. The bylaw will be proactively enforced in Nelson. Local Government New Zealand is working with central government to establish an instant fine regime where breaches of the bylaw are designated as infringement offences. The Department of Internal Affairs has agreed to draft and introduce the necessary regulation so that it is in place for the Rugby World Cup 2011. It is anticipated that the new regulations will allow for tickets to be issued against the vehicle (rather than the driver) as they are for parking infringements. This will enable the Council to increase the rate of recovery of fines from international freedom campers. 4. Questions for submissions 4.1 The following are questions you may wish to consider when making a submission. Although these specific questions have been posed within this Statement of Proposal, any comment or feedback is welcome. 4.2 The Council believes there is a need for this freedom camping bylaw, for the reasons stated in this Statement of Proposal.
Do you agree that a freedom camping bylaw is necessary? Why, or why not? 4.3 Restrictions on camping (clause 5.2). Overnight freedom camping will only be permitted at sites which are listed as permitted on Nelson City Council s website. Is it appropriate for the Council to provide for specific sites at which freedom camping is permitted? 4.4 Areas where freedom camping is permitted Do you agree with the proposal to allow freedom camping at Millers Acre (self-contained vehicles, for one night only) and Sovereign Street (self-contained and non-self-contained vehicles, for two nights only). Why or why not? 4.5 Time of year freedom camping is permitted Should locations for freedom camping be available all year round or available only on a seasonal basis? Should freedom camping locations be available during Rugby World Cup 2011? 4.6 Interpretation of overnight camping (section 4) Overnight camping is defined as camping between the hours of 8pm and 9am. Specific hours have been listed (between 8pm and 9am) for overnight camping to enable enforcement of this bylaw between these hours. Will this approach enable sufficient control of overnight camping? 4.7 Interpretation of public place (section 3) For the purpose of this bylaw, public place (a) means a place that is under the control of the Council and that is open to, or being used by, the public (whether or not there is a charge for admission); and (b) includes any part of a public place; and
(c) includes a legal road, formed or unformed (whether under the control of the Council or otherwise). The definition of public place includes places under the control of the Council as well as roads, to avoid people camping on road verges. Do you agree with this approach? 5. Submissions Any person or body interested is welcome to make submissions or comments on any aspect of, or omission from, the bylaw. These are to be in writing and forwarded to: Freedom Camping Bylaw Nelson City Council PO Box 645 Nelson Or emailed to enquiry@ncc.govt.nz So as to be received no later than 5.00pm on Monday 18 April 2011. It is proposed that any person who wishes to speak to the Council in support of their submission or comments will be given the opportunity to address the Community Services Committee at its meeting which commences at 9.00am on Thursday 28 April 2011. Copies of the draft bylaw and the attachments are available free of charge from Civic House on request. All enquiries should be directed to Nicky McDonald on 546 0420.