CAMPING THE KIWI WAY

The Self-contained Motor Vehicles Legislation 2023 / revised Freedom Camping Act 2011 presents significant challenges for councils across New Zealand as they strive to comply. The laws and regulations mandate that councils update pre-existing  freedom camping bylaws by June 2025 to align with changes made to the national legislation. The previous definition of self-containment (using the old NZS5465:2001) is no longer usable in a bylaw.

By default, the new law allows freedom camping everywhere for self-contained vehicles and tents. To control freedom camping, a council needs a bylaw and making a new bylaw (or significantly updating an old one), requires careful consideration and extensive public consultation. Councils that have no bylaw are very limited in what they can enforce. 

Councils must ensure that their regulations are not only compliant but also practical and enforceable. This requires a comprehensive understanding of the legislation, as well as the specific needs and contexts of their communities. The process is complex and time-consuming, often requiring legal and logistical expertise that may not be readily available at the local level.

Local Government New Zealand supported councils with an updated model bylaw in January: ckw.nz/bylaw-guidance.

Managing freedom camping sites poses another hurdle.

The making of a bylaw

Councils need to identify suitable locations that meet self-containment criteria or specifically allocate areas for non-self-contained vehicles, while balancing the needs of residents, local businesses, and the environment.

This can lead to tensions within communities, particularly in popular tourist areas where the influx of freedom campers can strain local resources and infrastructure. Public consultation is critical in this process, yet it can be challenging to engage diverse community voices effectively. Councils must navigate differing opinions on freedom camping, ranging from support for tourism to concerns about environmental impacts and local amenity as well as considering the needs of local iwi. 

Camping restrictions can only be applied with good reason and evidence that there is a need to either: protect the environment, the local people or access to a public place.

Funding and enforcement

To facilitate bylaw updates, councils have accessed portions of a 2-year $10m transition fund from the Ministry of Business, Innovation and Employment (MBIE). The bulk of this fund was sourced from the International Visitors Levy (IVL) which has recently been increased from $35 to $100 per incoming person.

Despite about 80% of freedom campers being domestic tourists, the provision of financial support for management of freedom camping was drawn from our international visitors. That hardly seems equitable. (The $1.9m fund given to the Plumbers, Drainlayers and Gasfitters Board to establish the vehicle self containment system was also sourced from the IVL.)

The allocation and management of the contestable transition funding was limited to only those councils who applied. Funds were for education and the development of future freedom camping management strategies. Councils have used some of these funds for enforcement and patrols to monitor sites and in some cases collect fines for breaches of the law.

As tourist numbers increase with an expectation of a busy summer ahead, we will likely see local governments who did not get a share of these funds, finding it increasingly difficult to enforce the self-containment of vehicles under the legislation. There will also be a rush to write and implement new bylaws. Currently just over half of all councils across Aotearoa have a current freedom camping bylaw.

The transition funding has now come to an end, so it’s very unclear how councils will be able to afford to continue these monitoring/enforcement services. They will be asking ratepayers to fund this in future or hope it is self-funding via infringement collection. Fines are now a minimum of $400 but historically only a small percentage are paid.

Have your say in your area, and the areas you visit

It’s clear that local councils now face a multifaceted set of challenges as they work to either create, upgrade or enforce their bylaws to implement the revised Freedom Camping Act 2011.

If you care about protection of freedom camping sites, or preserving your right to freedom camp in your local area, keep an eye out for community engagement and feedback requests.

Many councils have already begun these processes and you can exercise your democratic right to have your say. ◼️