Wednesday, 12 July 2023

Council urges freedom campers to take note of new laws and potential fines

Anyone wanting more information on the new freedom camping rules should visit the website of the Ministry of Business.

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With new government legislation affecting where and how freedom camping can take place now law, Queenstown Lakes District Council (QLDC) is reminding campers to get up to speed on the rules to avoid having to pay increased infringement fees.

QLDC Community Partnerships Manager Marie Day said the Self-contained Motor Vehicles Legislation Act 2023 (‘the Act’) extends to a national level what aspects of QLDC’s existing freedom camping bylaw already achieves locally.

“The Act means freedom camping on any council’s land in a non-self-contained vehicle is no longer allowed. Our bylaw already prohibits this in our district and contains maps which show where freedom camping is restricted. However, the Act has also changed the definition of ‘self-contained’,” she said.

“To be certified as self-contained, vehicles need to have a permanently fixed toilet – portable toilets are no longer sufficient. Only vehicles with this new certification are allowed to camp on land managed by local authorities like QLDC, as well as by Land Information New Zealand and the Department of Conservation. We’ve been advocating for this change for some time so it’s pleasing to see new legislation now in place.”

“In addition, individual infringements fees are increasing from 13 July when the regulations come into force. For example, the offence of freedom camping in breach of a bylaw is increasing from $200 to $400 and others are higher still.”

The new infringement offences and fines under the Act include:

  • Failure to display a ‘blue warrant’ self-certification card ($200); these blue warrants will gradually be replaced by new green warrants – see below.

  • Freedom camping in a self-contained vehicle with more people than the vehicle is certified for ($400).

  • Displaying an altered or fraudulent warrant card ($600).

  • Interfering or damaging the flora or fauna of an area while freedom camping ($800).

A transition period will enable the existing self-containment requirements to be phased out and eventually replaced with the new requirements (known as a ‘green warrant’) that will be available from 7 December.

The new rules have not changed for vehicles at commercial campsites, or vehicles on private land. The Act also lists activities that are not classed as freedom camping.

“It’s important to note that these infringements are not directed at people experiencing homelessness. QLDC has always applied discretion in this area and looked to direct people to appropriate social service agencies rather than penalising them,” said Ms Day.

The Act now contains a specific exemption stating that a person is not freedom camping if they are unable to live in appropriate residential accommodation unless they are in New Zealand on a visitor visa, in which case the exemption will not apply. What that means is that freedom camping infringements will not be directed at those people in these situations; however, the normal rules and restrictions governing the use of QLDC land do still apply.    

Anyone wanting more information on the new freedom camping rules should visit the website of the Ministry of Business, Innovation and Employment (MBIE) here.

ENDS|KUA MUTU.

Media contact: communications@qldc.govt.nz or call 03 441 1802.

FURTHER INFORMATION | Kā pāroko tāpiri

https://www.legislation.govt.nz/regulation/public/2023/0135/latest/LMS850879.html?search=ts_act%40bill%40regulation%40deemedreg_self-contained_resel_25_a&p=1

  • The Self-contained Motor Vehicles Legislation Act 2023 can be found here:

https://www.mbie.govt.nz/dmsdocument/26796-local-government-guidance-pdf#:~:text=The%20Act%20sets%20out%20that,the%202%2Dyear%20transition%20period

  • The QLDC Freedom Camping Bylaw Camping 2021 can be found here:

https://www.qldc.govt.nz/recreation/responsible-camping-in-the-queenstown-lakes-district