INTRODUCTION 1, As the President of the New Zealand Motor Caravan Association I would like to thank the Committee for the opportunity to support our written submission to the Freedom Camping Bill. Attending are James Imlach, the Association's Resource Management Coordinator, Tony Gavin our Wellington based Policy Advisor, and Mai Chen Legal Counsel, from Chen Palmer. We support the intent of the legislation and accept that a consistent enforcement regime is in the best interests of both New Zealanders and visitors. We believe the legislation can be improved to encourage responsible freedom camping and protect the rights of law abiding New Zealanders to exercise traditional freedoms. In this regard, we believe that the Bill should be re named "The Responsible Freedom Camping" Bill. ROLE OF THE NZMCA The NZMCA was founded in 1956 to support the motor caravan movement in New Zealand It represents the interests of its 42,000 members and indirectly everyday New Zealander's who enjoy vehicle based freedom camping. In the last 5 years our membership has increased at a steady rate of 10% per annum. Our membership is 150% larger than it was in 2001. The Association promotes responsible freedom camping to both members and the industry through education, setting policies, and providing subsidy schemes, for example the installation of public dump stations for recreational vehicle waste water systems.
The Association was instrumental in the development of the NZ Standard for Self Containment in 1990 along with its review in 2001. 10. With over 300 approved testing officers, the NZMCA is the largest issuing authority approved by the Ministry for the Environment under the Standard. NZMCA vehicle inspections for both private and rental vehicles are recorded in our database, with certificates to verify self containment status available for the public to search online, e.g. Auckland Council using it to download certificates for their regional parks pass. 11. We have taken on the task of promoting responsible freedom camping within New Zealand through vehicle certification. 12. The Association has developed partnerships with commercial organizations committed to meeting the NZ Standard for their fleet many of whom represent a large segment of the commercial industry and have offered their support for our stance on this Bill. 13. In our written submission we have proposed for the Committee's consideration a number of changes to the legislation that we believe will enhance its overall purpose and effectiveness. 14. In this oral presentation supporting our submission we have restricted ourselves to 3 matters that the Association considers should be fundamental to the intent of the legislation. 15. THE NEED FOR THE LEGISLATION TO PROMOTE AND ENCOURAGE RESPONSIBLE FREEDOM CAMPING. 16. The domestic growth in motor homing and New Zealand's promotion as an environmentally desirable tourist destination will ensure vehicle based freedom camping will continue to grow.
17. Local authorities and tourism related organisations must work together to accommodate this growth for the environmental and economic benefit of New Zealand. 18. The Bill provides an appropriate opportunity to encourage manufacturers, owners and hirers of motor homes and caravans to be certified self contained; 19. And local government and DOC to duly recognize these vehicles as contributing to responsible camping when developing local freedom camping related rules 20. We identified in our written submission Tasman District Council's latest freedom camping bylaw as one that sets a useful precedent for focusing on the positive aspects of freedom camping. A copy of this by law is available for Committee members. 21. We believe re drafting Clause 3 stating "The purpose of this Act is to promote responsible freedom camping and encourage owners/hires to ensure that they use self contained vehicles pursuant to the NZ Standard" will go some way to ensuring all parties regard and interpret the Bill with positive intent. 22. THE NEED FOR THE LEGISLATION TO RECOGNISE AND ACKNOWLEDGE NEW ZEALAND'S STANDARD FOR VEHICLE SELF CONTAINMENT NZS S46S:2001, AND THE VEHICLES CERTIFIED AS SELF CONTAINED UNDER THIS STANDARD. 23. In 2010, the campervan rental industry was worth $500 million and the private industry over $110 million, towards New Zealand's economy. 24. Through the collaborative efforts of our Association, commercial operators and local authorities, the industry is continuously improving the quality and standard of motor caravanning in New Zealand. 25. Over 13,000 private vehicles are already certified self contained. All the major rental operators have certified most if not all their fleet to the Standard.
26. The number of certified vehicles is expected to rise significantly as a result of these ongoing efforts and this legislation can assist in motivating vehicles are self contained. owners to ensure their 27. We submit that clause 4 should include the formal definition of a self contained vehicle as written in paragraph 27 of our written submission. This definition is consistent with the NZ Standard. 28. As stated in paragraphs 28 30 of our written submission, we submit clauses 11 and 14 that allows local authorities and DoC to make bylaws restricting and prohibiting freedom camping should have a positive focus and designate areas where freedom camping, particularly in certified self contained vehicles, is specifically allowed. 29. We submit clauses 11 and 14 should be amended to require local authorities and DOC in addition to those set out in the Bill to have regard to the Standard when making bylaws or publishing notices relating to freedom camping. 30. THE NEED TO CLEARLY DEFINE "TO CAMP" Clause 5(1) and "MAKES PREPARATIONS" Clause 18(c) SO THAT NEITHER CAMPERS NOR ENFORCEMENT OFFICERS CONFUSE THESE TERMS WITH PARKING. 31. The current proposed definition of Freedom Camping in clause 5 has the potential to confuse legitimate parking with camping. 32. It is common for freedom campers to park in public anytime during the day with no intention of camping 33. Some of these areas may prohibit camping. 34. We propose a definition of "to camp" as 'to camping overnight', and define "overnight" as 'one hour after sunset and before sunrise'.
35. This will provide clear boundaries between what is deemed to be parking and setting up to camp overnight. 36. The Franklin District Council is one example of a local authority using a specific time period to define whether or not a person is freedom camping in a public place. Their permitted hour for camping in designated areas is between the hours of 6pm and 10am. Our recommendation will provide a nationally consistent time period something that has been lacking with individual freedom camping bylaws. CONCLUSION 37. Mr. Chairman, committee members, freedom camping is a privilege that many law abiding, well respecting citizens enjoy. It is a tradition that is inherent with the kiwi camping culture and one that many international tourists envy. This is why many choose to visit New Zealand. 38. We fully support the need to provide local authorities with better management tools to manage the negativities caused by some irresponsible freedom campers 39. We ask that this legislation acknowledge the fact that the vast majority of freedom campers are responsible campers who have taken steps to ensure their vehicles are self contained to manage waste and abide by restrictions determined by local authorities and DoC. 40. There is a genuine fear that this Bill as it currently reads will have a negative impact on freedom camping in New Zealand and provide a mandate to Local Authorities and Doc to further restrict responsible freedom camping 4L We trust that you will consider our recommendations to promote responsible freedom camping and allay the concerns of our 42,000 members. 42. We will be pleased to answer any questions the members of the Committee may have with the Association's submission.
district council Tasman District Council Consolidated Bylaw Chapter 11 FREEDOM CAMPING BYLAW 2011
Freedom Camping Bylaw: Contents 1 Shor 2 Purp 3 Defir 4 Who 5 Whei 6 Maxi 7 Disci 8 Free< 9 Free< 10 Amei 11 Any 12 Pena Page No. Short Title and Commencement...1 Purpose...1 Definitions......1 Who May Take Part in Freedom Camping... 2 Where Freedom Camping is Permitted... 2 Maximum Period Freedom Camping is Permitted...2 Discharges are Prohibited... 2 Freedom Camping Areas to be Left Clean and Tidy... 3 Freedom Campers to Move on if Directed... 3 Amendment to Schedules...3 Any Person Camping on Council Controlled Land to Provide Details... 3 Penalties and Offences...3 Schedule 1: Tasman District Council Controlled Land on which Freedom Camping is Prohibited 4... Schedule 2: Self Contained Vehicle Waste Dumping Locations 5... Tasman District Council Consolidated Bylaw: Chapter 11: Freedom Camping May 2011 Page (i)
Explanatory Note The Local Government Act 2002 enables Council to produce Bylaws to protect the public from nuisance, for protecting, promoting, and maintaining public health and safety, and for minimising the potential for offensive behaviour in public places. Tasman District Council encourages travellers and campers to use camping grounds and other accommodation facilities as much as possible. This Bylaw recognises that some visitors to our District are choosing informal overnight camping, avoiding registered camping grounds or commercial facilities, as their preferred accommodation. It also recognises that the economic and social benefit campers bring to our District needs to be balanced against the potential impact or nuisance caused on the community by people camping in public places. This Bylaw does not apply to persons camping at any authorised camping ground. 1 Short Title and Commencement This Bylaw is made pursuant to the Local Government Act 2002. The Title of this Bylaw is the Tasman District Council Freedom Camping Bylaw 2011, being Chapter 11 of the Tasman District Consolidated Bylaw. This Bylaw comes into effect on 31 May 2011. 2 Purpose The purpose of this Bylaw is to: (a) (b) (c) protect, promote, and maintain public health through regulating freedom camping in the District; regulate wastewater and waste disposal and preventing the misuse of reserves, recreation grounds, and other land under the control of Tasman District Council that may otherwise result from unregulated camping; ensure that nuisance, public health risk, offensive behaviour or compromise of safety does not result from camping in public places under the control of Tasman District Council other than in accordance with the Bylaw or other statutory responsibility of Council; (d) Allow freedom camping on certain public places in the District under strictly controlled circumstances. 3 Definitions Authorised Officer: for the purposes of this Bylaw means a Police Constable, or any person appointed by the Council to carry out duties and exercise powers under this Bylaw. Tasman District Council Consolidated Bylaw: Chapter 11: Freedom Camping May 2011 Page 1
Bylaw: for the purposes of this Bylaw, means the Tasman District Council Freedom Camping Bylaw 2011. Freedom Camping: means camping overnight or camping with the intention of staying overnight in any public place that is on land within the territory of Tasman District Council that is not an authorised camping ground. Freedom Camp and Freedom Campers have similar meanings. Public Place: For the purposes of this Bylaw: (a) (b) (c) means a place that is under the control of Tasman District Council and that is open to, or being used by, the public (whether or not there is a charge for admission); and includes any part of a public place; and includes a road (whether under the control of the Council or otherwise). Reserve: has the meaning given to it by Section 2 of the Reserves Act 1977. SelNcontained Vehicle: means a vehicle including a motor caravan or caravan that can be used as a place of abode and contains facilities for cooking, eating, sleeping and washing, and is capable of meeting the ablutionary and sanitary needs of the occupants for a minimum of 3 days without requiring any external services or discharging any waste. Such vehicle must also display evidence of a current self containment certificate issued pursuant to NZS 5465:2001 Self containment of Motor Caravans and Caravans. 4 Who May Take Part in Freedom Camping Freedom camping may only be undertaken by one or more persons in a self contained vehicle that is displaying evidence of a current self containment certificate for at least that number of persons, issued pursuant to NZS 5465:2001 Self containment of Motor Caravans and Caravans. 5 Where Freedom Camping is Permitted Freedom camping in a self contained vehicle may be undertaken on any public place except any prohibited land detailed in Schedule 1 of this Bylaw. 6 6.1 Maximum Period Freedom Camping is Permitted Freedom camping in self contained vehicles is permitted at any single location that complies with Clause 5 of this Bylaw, for a maximum period of 2 nights in any calendar month or consecutive 4 week period. Tasman District Council Consolidated Bylaw: Chapter 11: Freedom Camping May 2011 Page 2
6.2 For the purposes of Clause 6.1 of this Bylaw, no person shall freedom camp within 1 kilometre of any location in which that person has undertaken freedom camping for 2 nights within the last calendar month or consecutive 4 week period. For clarity, this provision requires any person freedom camping to move at least 1 kilometre if they are freedom camping more than 2 nights. 7 Discharges Are Prohibited 7.1 Discharges of sewage or toilet waste or grey water are prohibited other than into a Council approved dump point, as listed in Schedule 2 of this Bylaw. 7.2 Leaving or depositing litter is prohibited. Solid waste must be appropriately disposed of in an approved refuse collection bag and put out for collection on the appropriate day or dropped off at any Tasman District Council Resource Recovery Station. 8 Freedom Camping Areas to be Left Clean and Tidy Any area used for Freedom Camping must be left in a clean and tidy state by users. 9 Freedom Campers to Move On if Directed Any direction made by an Authorised Officer to move on must be complied with. 10 Amendment to Schedules From time to time by resolution, the Council may amend, remove and/or replace any of the Schedules to this Bylaw. 11 Any Person Camping on Council Controlled Land to Provide Details If an Authorised Officer believes on reasonable grounds that a person is committing or has committed an offence against this Bylaw, the Authorised Officer may direct the person to give: (a) (b) his or her name and address; and the name and address and whereabouts of any other person connected in any way with the alleged offence. Tasman District Council Consolidated Bylaw: Chapter 11: Freedom Camping May 2011 Page 3
12 12.1 Penalties and Offences Every person commits a breach of this Bylaw who: (a) (b) (c) (d) commits, or causes to be committed, any act contrary to this Bylaw; or omits, or knowingly permits to remain undone, any act required by this Bylaw; or refuses, or neglects to comply with, any notice, request or direction, or any condition in any such notice, request or direction, given by an Authorised Officer pursuant to this Bylaw; or obstructs or hinders any officer of the Council or an Authorised Officer in the performance of any power or duty conferred upon him or her by this Bylaw. 12.2 Every person who breaches this Bylaw commits an offence under Section 239 of the Local Government Act 2002, and is liable on summary conviction to the penalty set out in Section 242(4) of that Act (being a fine not exceeding $20,000). Tasman District Council Consolidated Bylaw: Chapter 11: Freedom Camping May 2011 Page 4
Schedule 1: Tasman District Council Controlled Land on which Freedom Camping is Prohibited Freedom camping is prohibited on the following public places: 1 Within 500 metres of any "no camping" signs on Council controlled land. 2 Kaiteriteri Beach area from Tapu Bay to Breaker Bay. 3 Any Tasman District Council reserve (apart from road reserve) in any area, except for: (a) (b) Edward Baigent Memorial Reserve, 8 Wakefield Kohatu Highway; Motueka Beach Reserve, 10 Everett Street, Motueka. 4 Marahau from the start of the residential area to the end of the Marahau Sandy Bay Road. 5 The river side of any stopbank except that area in the vicinity of the State Highway Bridge at Waitapu, Golden Bay. 6 Any formed roadway. 7 Any location where the activity of freedom camping may cause an obstruction or hazard to traffic. Tasman District Council Consolidated Bylaw: Chapter 11: Freedom Camping May 2011 Page 5
Schedule 2: Self Contained Vehicle Waste Dumping Locations The following locations in the Tasman District are available for dumping self contained vehicle waste. Sewage/wastewater disposal points available to patrons staying at each camping ground are available at: Pohara Beach Top 10 Holiday Park Abel Tasman Marahau Beach Camp Kaiteriteri Beach Motor Camp Bethany Park Christian Camp Motueka Top 10 Holiday Park McKee Memorial Recreation Reserve Campground Mapua Leisure Park Holiday Resort Greenwood Park Camping Ground, Appleby Club Waimea Richmond Motel and Top 10 Holiday Park Quinney's Bush Camp and Caravan Park Tapawera Settle Motels and Campground Murchison Motor Home Park Kiwi Park Motels and Holiday Park, Murchison Sewage/wastewater disposal points on payrnent of a fee are available at: Greenwood Park Camping Ground, Appleby Motor Caravan Association durnp station, Main Road Tapawera Sewage/wastewater disposal points are also available at: Entrance to camping ground, Collingwood Abel Tasman National Park Toilets at Totaranui Mobil Takaka Golden Bay i Site Visitor Centre Hickmott Car Park, adjacent to New World Supermarket, Motueka Jubilee Park, Gladstone Road, Richmond Nelson Lakes National Park Kerr Bay Camping Ground Mobil Murchison Tasman District Council Consolidated Bylaw: Chapter 11: Freedom Camping May 2011 Page 6
il SELF CONTAINMENT CERTIFICATE New Zealand Motor Caravan Association Name: Registration No: Year: Cert No: Make Of Vehicle: Association No: Sink Waste: Dia: 32 mm Basin Waste: Dia: 32 mm Shower Waste: Dia: 32 mm Length: 2100 mm Air Admittance Valve: N/A Water Seal: Yes Length: 2200 mm Air Admittance Valve: N/A Water Seal: Yes Length: 1850 mm Air Admittance Valve: N/A Water Seal: Yes Toilet Type: CASSETTE Capacity: 19 Litres Make: THETFORD Model: C400 Waste Pump: N/A Fresh Water Tank 1: 100 LitI Litres Monitor: Yes Inlet: 40 mm Vent: 12 mm Material: OPAQUE OPAQl & NON TOXIC Support: ADEQUATELY SUPPORTED Fresh Water Tank 2: 100 LitI Litres Monitor: Yes Inlet: 40 mm Vent: 12 mm Material: OPAQUE OPAQl & NON TOXIC Support: ADEQUATELY SUPPORTED Waste Tank 1: Grey 205 Liti Litres Monitor: Yes Vent: 32 mm Materials: NON CCORRODIBLE Support: ADEQUATELY SUPPORTED Release Valve Dia: 75 mm Evacuation ihose Dia: 75 mm Hose Length: 3000 mm Waste Tank 2: Separate Hose Container Yes Sealable Refuse Container: Yes Caps On Waste Valves: Yes Maximum number of occupants allowed under this Certificate: FOUR Remarks This is to certify that the above vehicle complies with the minimum requirements laid down in NZS 5465:2001 at the time of inspection. A warrant has been issued accordingly. Alterations to any of the above items requires renewal of the Certificate. RJ (Dick) Waters President, New Zealand Motor Caravan Association Inc. Current As At 16 March, 2007 "Authorised by The Ministry for the Environment to Co ordinate Self Containment Certification of Motor Caravans"
WARRANT FRONT 54 mm M/ < 86 mm > BACK If NZS 5465:2001