Latest update
The update to the freedom camping rules of the Public Places Bylaw 2022 has been adopted by the Council on 14 December 2023. The updated Public Places Bylaw 2022 is now published on the Council website.
About this project
The Council is currently in the process of changing the freedom camping rules of the Public Places Bylaw 2022 (the Bylaw). These rules are being changed to ensure the Bylaw is consistent with the Self-contained Motor Vehicles Legislation Act 2023 (the Act), a recent piece of central government legislation which changed the freedom camping rules in New Zealand.
In addition to these changes, the Council is proposing to extend the four-day restrictions which currently apply to two designated freedom camping areas (Evans Bay Marina and Te Kopahau Visitors Centre carpark), to all freedom camping areas in the city. The four-day restriction would also apply to freedom camping using a tent or other temporary structure.
Why are we reviewing the freedom camping rules?
While the current freedom camping rules are working as intended generally, the Council has been dealing with complaints about people freedom camping for lengthy periods of time on streets in residential areas. Currently there is no specific legal authority under which the Council can undertake effective enforcement actions.
The Council propose that extending the four-day restrictions to all freedom camping areas in the city will:
- improve consistency of the regulations
- provide clear authority for Council officers to take enforcement actions against infringement offences under the Bylaw
- align the rules for freedom camping in a tent or other temporary structure with the rules for motor vehicles.
Things to note
- The timing restrictions for freedom camping only apply where someone is actually sleeping in the vehicle. If the concerned vehicle is being parked on the road but not used for accommodation, then the Council’s Traffic and Parking Bylaw 2021 applies.
- A person is not considered to be freedom camping if the person is unable to live in appropriate residential accommodation. This is to ensure that the rules are not used against homeless people.
- Other proposed changes include changes to the definition of ‘freedom camp’ and ‘self-contained’ and a new default infringement fee. These changes need to be adopted to comply with the legislative changes by the Act, and therefore are not up for public consultation.
What next?
Your feedback and comments will be summarised and analysed to inform the final decisions on the freedom camping rules in the Bylaw. A summary of the engagement results and how these were incorporated into the final Bylaw will be made available after the consultation period.
If you wish to make an oral submission to Councillors at the scheduled meeting on 23 November 2023, please indicate this when you provide feedback via the online survey or submission form, and ensure that you have included your contact details. We will contact you to arrange a time for you to speak.
After addressing relevant public submissions and Councillors’ comments, the updates to the freedom camping rules will come into force on 7 December 2023.